Judgment Search Results Home > Cases Phrase: equal protection Court: chhattisgarh Page 1 of about 107 results (0.011 seconds)

Smt. Kumari Bai and anr. Etc. Vs. State of Chhattisgarh and anr. Etc.

Court : Chhattisgarh

Reported in : AIR2006Chh52; 2006(3)MPHT42(CG)

..... 609, the supreme court held that differential treatment denies equal protection only when there is no reasonable basis for ..... takes care to reasonably classify per-sons for legislative purpose and if it deals already with all person belonging to a 'well defined class', it is not open to the charge of denial of equal protection on the ground that the law does not ..... well settled that if a law deals equally with members of a 'well defined class' of persons or things, it is not obnoxious and it is not open to the charge of denial of equal protection on the ground that it has ..... is challenged as violative of article 14, it can be struck down only if it is found that it is violative of the equality clause/equal protection clause enshrined therein ..... . when a law is challenged as denying equal protection, the question for determination by the court is not whether it has resulted in inequality, but whether there is some difference, which bears a just ..... the maxim ubi jus ibi remedium would contend that though right to property is no longer a fundamental right still it is a constitutional right guaranteed and protected under article 300a of the constitution and, therefore, a citizen should have a legal remedy to protect his property against the wrong action of the state and state authorities, instrumentalities of the state and other authorities by seeking appropriate legal remedies before ..... inequality of burden does not per be amount to discrimination within the inhibition of the equal protection clause .....

Mukesh Kumar Goswami and ors. Vs. State of Chhattisgarh and ors.

Court : Chhattisgarh

Reported in : 2007(1)MPHT1(CG)

..... if the state takes care to reasonably classify the persons for treatment and if it deals equally with all persons belonging to a 'well defined class', it is not open to the charge of denial of equal protection on the ground that the law does not apply to other persons. .....

Ambika Prasad Rajwade and ors. Vs. State of Chhattisgarh and ors.

Court : Chhattisgarh

Reported in : AIR2006Chh107

..... common report, the history of the times and may assume every state of facts which can be conceived existing at the time of legislation.thus, the law laid down by the supreme court is that equal protection of article 14 of the constitution forbids class legislation but does not forbid reasonable classification for the purposes of legislation and that in order to pass the test of permissible classification two conditions must be fulfilled : ..... 2004 is not consistent with this object of social justice mentioned in the preamble of the constitution and is therefore irrational and the order 2004 has to be held as violative of the right to equal protection of laws guaranteed under article 14 of the constitution of india. ..... iv of the constitution inasmuch as it excludes private persons to earn their livelihood by running fair price shops and for this reason the order 2004 is violative of the right to the equal protection of law under article 14 of the constitution. ..... classification made by the order 2004 has a rational nexus with the said objects mentioned in section 3(1) of the act, the classification has to be held as reasonable classification and not hit by the equal protection clause in article 14 of the constitution of india. ..... co-operative societies to the exclusion of other licence-holders and this decision of the state was challenged by the petitioners in that case on the ground that it was discriminatory and violative of the equal protection clause of article 14 of the constitution. .....

Durg Sahkari Vipnan Samiti Maryadit and ors. Vs. State of Chhattisgarh ...

Court : Chhattisgarh

Reported in : AIR2007Chh120

..... , the court held thus:the wider concept of equality before the law and the equal protection of laws is that there shall be equality among equals. ..... sub-clause (1), of clause 9, the following sub-clause shall be substituted, namely:(1) fair price shop run by large aadimjati multipurpose co-operative societies (lamps), primary credit co-operative societies, forest protection committees, self help groups, gram panchayats and other cooperative societies shall be continued but not run by the private persons subject to the conditions of other provisions of the chhattisgarh public distribution ..... (vi) the provisions in sub-clauses (3) and (4) of clause 9 of the order 2004 for allotting fair price shops to lamps, gram panchayats, women's self help groups and forest protection committees are valid, but the provisions in the said sub-clauses (3) and (4) of clause 9 of the order 2004 providing for reservation and priority in favour of some of the specified agencies in the ..... help groups,(iv) forest protection committees,(v) other co-operative ..... forest protection committees, self help groups, gram panchayats and other cooperative societies shall be continued but not run by the private persons subject to the conditions of other provisions of the chhattisgarh ..... due time some devise has been adopted which does not abstain marketing societies to take part in the transportation of commodities, those nit cannot be said to be in violation of any right of equality or right of business of the societies.21. .....

Kehar Singh and anr. Vs. State of Chhattisgarh and anr.

Court : Chhattisgarh

Reported in : 2002(3)MPHT28(CG)

..... meaning attributed to article 21 of the constitution, it is the duty of the state to create a climate where members of the society belonging to different faiths, caste and creed live together and therefore the state has the duty to protect their life, liberty, dignity and worth of an individual which should not be jeopardized or endangered and if in such circumstances the state is unable to do so, then it ' cannot escape the liability to pay compensation to the families of the victims ..... they are equal members of the indian society, equality before law and equal protection of laws is ensured to them by article 14 of the constitution to them ..... meaning attributed to article 21 of the constitution it is the duty of the state to create a climate where members of the society belonging to different faiths, cast and creed live together and, therefore, the state has a duty to protect their life, liberty, dignity and worth of an individual which should not be jeopardized or endangered. ..... indira gandhi as the state had a duty to protect the life of its citizens and the state ought to pay compensation ..... state has to enforce minimum standards of civilized behaviour of its citizens so that the life, liberty, dignity and worth of an individual is protected and preserved and is not jeopardized or endangered. ..... has drawn attention to para 10 of the said judgment which read as under :--'article 21 is the nation's commitment to bring every individual or group of persons within its protective fold. .....

Hira Industries Ltd. Vs. State of C.G. and ors.

Court : Chhattisgarh

Reported in : AIR2007Chh7

..... since the guarantee of equal protection embraces the entire realm of 'state action', it would extend not only when an individual is discriminated against in the matter of exercise of his rights or in the matter of imposing liabilities upon him, but also in the matter of granting ..... equal protection means the right to equal treatment in similar circumstances, both in the privileges conferred and in the liabilities imposed. ..... article 14 guarantees equal protection. ..... the protection of such legitimate expectation does not require the fulfillment of the expectation where an overriding public interest requires otherwise. ..... of course, those observations were made by the court with regard to a claim for compensation arising under the provisions of motor vehicles act, 1988, but, what is observed equally applies to other domains of monetary claims. ..... such expectation should be justifiably legitimate and protectable. ..... it is now well settled that the doctrine of promissory estoppel applies equally to government and public authorities.19. .....

Rungta College of Engineering and Technology Bhilai and Others Vs. Sta ...

Court : Chhattisgarh

..... if the non-minority educational institutions could choose their own sources, minorities which are assured equal protections as non-minorities should certainly have that right too. ..... it is quite clearly and explicitly stated that maintenance of merit as determined by marks secured in qualifying examinations is an absolute necessity under clause (6) of article 19 for those enjoying the freedoms only under sub-clause (g) of clause (1) of article 19, the protection of clause (1) of article 30 to minorities is extended to choosing those with merit, based on marks on the qualifying examinations, amongst their own minority group. ..... gardi medical college that the unfilled seats in nri quota in unaided professional colleges should be treated as a part of the general pool and be shared equally by the state and the unaided professional colleges goes contrary to the principles laid down by the eleven-judge bench in pai foundation, inamdar as well as the judgments rendered by the three- judge bench in pai foundation, ..... to hold otherwise would be illogical, even if one were to assume that what is afforded to minority institutions is only a protection rather than a full-fledged right. ..... the added protections to minority educational institutions makes sense only in the event that non-minorities are restricted to choosing from the general pool, and minorities from the delimited source of their own minority. .....

Sadhna Bai Vs. State of Chhattisgarh, through the Secretary, Revenue a ...

Court : Chhattisgarh

..... the supreme court observed as follows: we, therefore, conclude that discrimination on the basis of sexual orientation or gender identity includes any discrimination, exclusion, restriction or preference, which has the effect of nullifying or transposing equality by the law or the equal protection of laws guaranteed under our constitution, and hence we are inclined to give various directions to safeguard the constitutional rights of the members of the tg community. 34. ..... clause (j) has to be understood in the backdrop that india is a welfare state and, therefore, it is the duty of the state to promote justice, to provide equal opportunity to all citizens and see that they are not deprived of by reasons of economic disparity. ..... equality cannot be achieved unless there are equal opportunities and if a woman is debarred at the threshold to enter into the sphere of profession for which she is eligible and qualified, it is well-nigh impossible to conceive of equality. .....

Chandrakumar Gendele and ors. Vs. Guru Ghasidas Vishwavidyalay, Bilasp ...

Court : Chhattisgarh

Reported in : [2002(94)FLR964]; 2002(2)MPHT77(CG)

..... article 14 of the constitution of india provides 'right of equality' which say that the state shall not deny to any person equality before the law or the equal protection of the laws within the territory of india. .....

Bihari Lal Thawait Vs. State of Chhattisgarh and ors.

Court : Chhattisgarh

Reported in : 2007(4)MPHT25(CG)

..... as per statement of objects and reasons, it was thought necessary to enact suitable legislation to provide for the following:(i) to spell out the responsibility of the state towards the prevention of disabilities, protection of rights, provision of medical care, education, training, employment and rehabilitation of persons with disabilities;(ii) to create barrier free environment for persons with disabilities; (iii) to remove any discrimination against persons ..... 38(1) lays down the foundation for human rights and enjoins the state to promote the welfare of the people by securing and protecting, as effectively as it may, a social order in which justice, social, economic and political, shall inform all the ..... vis-a- vis non-disabled persons; (iv) to counteract any situation of the abuse and the exploitation of persons with disabilities;(v) to lay down a strategy for comprehensive development of programmes and services and equalization of opportunities for persons with disabilities; and(vi) to make special provision of the integration of persons with disabilities into the social mainstream.12. ..... petitioner commensurate with his academic qualifications and physical ability in accordance with the provisions of persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995. ..... the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995 (for short referred to as 'the act of 1995') was enacted and the same came .....