Court : Delhi
Reported in : 7(1971)DLT399
..... .'' in rathi raning v state of saurashtra the same learned judge observed as follows :- 'it is a doctrine of american courts.which seems tome to be well founded on prinnciple that the equal protection clause can be invoked not merely where discrimination appears on the express terms of the statute itself, but also when it is the result of improper or prejudiced execution of the law : vide weaver on ..... against this guarantee if it lacks intelligible differentia for the classification made by it but an administrative act done in pursuance of a legislation which is not discrminatory offends the guarantee of equal protection if the act is intended to be discriminatory as distinguished from the inequality resulting from the operation of the statute ..... . in the case of anwar ali: 'it appears to be accpepted doctrine of american courts that the purpose of the equal protection clause is to secure every parson within the states,against arbitrary discrimination, whether occasioned by the express terms of the statute or by their improper application ..... , is that when the statute is not itself discriminatory and the charge of violation of equal protection is only against the official who is entrusted with the duty of carrying it into operation the equal protection clause could be availed of in such cases ;..... .. ..... (9) a clear distinction must be kept in view in the application of the equal protection clause enshrined in article 14 to discriminatory legislation and discrminatory application of a .....
Tag this Judgment!Court : Delhi
Reported in : 120(2005)DLT156; 2005(82)DRJ459
..... the agony of the people effected would have known no bounds in as much as there are allegations and instances to the effect that the protectors of life, society and property completely failed in discharge of their duty to protect and, if did not actually perpetrate the crime, acted in their promotion and tacit support to the unruly mobs.noticing the turmoil, tragedy and loss suffered by mankind, anil dev singh, j in his judgment reported at ..... the petitioner was denied the equal protection of law by the machinery of the state as was constitutionally guaranteed to the petitioner under ..... is entitled to equality before the law and equal protection of the laws. ..... equality before law and equal protection of laws is ensured to them by article 14 of the constitution ..... state government worth the name can tolerate such threats by one group of persons to another group of persons; it is duty bound to protect the threatened group from such assaults and if it fails to do so, it will fail to perform its constitutional as well as statutory obligations ..... loved ones being killed before the eyes of the surviving victims may perhaps never be extinguished and undoubtedly the feeling of anger against the state which failed to take any action for the protection and preservation of life, limb and property of the riot victims shall never cease.22. ..... : [1996]1scr278 , the supreme court held that the state is bound to protect the life and liberty of every person and it cannot permit any body or group of persons to .....
Tag this Judgment!Court : Delhi
Reported in : 62(1996)DLT313
..... at all be countenanced because a person who seeks equity must do equity and it is a basic principle of law no man can take advantage of his own wrong and it is submitted that the constitution seeks to protect under article 14 only those persons who have been discriminated or denied equal protection or who deserve succour against arbitrary actions of the authorities and article 14 is not intended ..... in that circumstance, the supreme court observed that denial of equal protection flowed from state action and had the direct impact on the fundamental ..... the rule of equality before the law or of the equal protection of the laws under article 14 cannot be ..... no doubt, equal protection can be denied as much by the administration of a law as by legislation in any event if the appellants have failed to bring their case within section 56 of the act then merely because some other party ..... senior counsel contended that the parties are guilty of civil contempt and they cannot rely upon the sale deeds and then seek to protect a case that they were not aware of the orders passed by this court and they are all bona fide purchasers for value ..... construction, instead of permissible two and a half floors, about five floors have been constructed, a person would not be entitled to approach this court and invoke the writ jurisdiction to protect such unauthorised construction, assuming one statutory authority (dda) has jurisdiction over land underneath and not the other (mcd), to initiate demolition action. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1997Delhi175; 1996(39)DRJ205
..... , air 1961 sc 45 (or 1245) had clearly enunciated that the concept of equal protection of laws postulates in the application of the same laws alike and without discrimination to all persons similarly ..... 14 speaks of equality before the law and equal protection of the laws. ..... every citizen is equal before the law and he is entitled to equal protection of the laws to persons and situations of the like ..... article 14 guarantees equality before the law and equal protection of the laws against every state ..... the guarantee of equal protection of law is available against every state ..... [1969]3scr865 , the court while interpreting article-14 has mentioned that article 14 of the constitution ensures equality among equals; which is to protect persons similarly placed against discriminatory treatment.26. ..... should be made to truncate its all-embracing scope and meaning, for to do so would be to violate its activist magnitude, equality is a dynamic concept with many aspects and dimensions and it cannot be imprisoned within traditional and doctrinaire limits. ..... to enter into advantageous relations with the government because of the order of black-listing -- a citizen has a right to claim equal treatment to enter into a contract which may be proper, necessary and essential to his lawful calling -- it is true that neither the petitioner nor the respondent has any right to enter into acontract but they are entitled to equal treatment with others who offer tender or quotations for the purchase of the goods. .....
Tag this Judgment!Court : Delhi
Reported in : 1996IVAD(Delhi)337; 63(1996)DLT458; 2003(39)DRJ205
..... air 1961 sc 45 had clearly enunciated that the concept of equal protection of laws postulates in the application of the same laws alike and without discrimination to all persons ..... speaks of equality before the law and equal protection of the laws ..... every citizen is equal before the law and he is entitled to equal protection of the laws to persons and .situations of the ..... article 14 guarantees equality before the law and equal protection of the laws against every ..... the guarantee of equal protection of law is available against ..... and another : [1969]3scr865 , the court while interpreting article 14 has mentioned that article 14 of the constitution ensures equality among equals: which is to protect persons similarly placed against discriminatory treatment. ..... enter into advantageous relations with the government because of 'the order of black-listing a citizen has a right to claim equal treatment to enter into a contract which may be proper, necessary and essential to his lawful calling it is true that neither the petitioner nor the respondent has any right to enter into a contract but they are entitled to equal treatment with others who offer tender or quotations for the purchase of the goods'. ..... the principle of reasonableness and rationality which is legally as well as philosophically art essential element of equality or non- arbitrariness is projected by article 14 and it must characterise every state action, whether it be under authority of law or in exercise of executive power without .....
Tag this Judgment!Court : Delhi
Reported in : AIR1983Delhi478; ILR1984Delhi511
..... it is well settled that 'the constitutional command to the state to afford equal protection of its laws sets a goal not attainable by the invention and application of a ..... it is well to remember that 'to make out a case of denial of the equal protection of the laws under article 14 of the constitution, a plea of differential treatment is by itself ..... an applicant pleading that equal protection of the laws has been denied to him must make out that not only he had been treated differently from others but he has been so treated from persons similarly circumstanced without any reasonable ..... this is that when the committee invited tender for the allotment of shops on license basis it treated every citizen equally in as much any person could given the tender and the preference of the allotments was to go to the highest tenderers in ..... which have prevailed with us for rejecting the tenderer's claim of the discrimination vis-a-vis panchkuin road stall holders applies equally if not with a greater force to a grievance vis-a-vis mini market and must also be similarly rejected.16. ..... matter of fact the appellants claim to invoke the protection of article 14 is misconceived. ..... equal laws would have to be applied to all in the same situation, and there should be no discrimination between one person and another if as regards the subject-matter of the legislation their position is substantially ..... to be treated on the same par as the panchkuin road people is really a claim to treat unequals as equals. .....
Tag this Judgment!Court : Delhi
Reported in : 98(2002)DLT499
..... name is more than an internet address and is entitled to the equal protection as that of trade mark. ..... in 42 uspq 1850, it was held that the domain name serves the same function as the trade mark and is not a mere address or like finding number on the internet and, thereforee, it is entitled to equal protection as trademark. ..... reported in 1999 (19) ptc 201 that the domain name serves the same function as the trademark and is not a mere address or like finding number on the internet but is also entitled to equal protection as a trademark. ..... being in the same business and field of activity as that of the plaintiff, there is grave and immense possibility of confusion and deception and, thereforee, the trade mark/domain name of the plaintiff is required to be protected and an injunction is required to be issued in terms of the prayer in the application filed by the plaintiff under order 39 rules 1 & 2 of the code of civil procedure. ..... he also submitted that since the trademark/domain name of the plaintiff could not have assumed any protection under the trademark law, thereforee, the intention of the defendant, in adopting the trade mark with a generic expression is neither deception nor there is any bad faith involved in the ..... and progress in the technology, the services rendered in the internet site have also come to be recognised and accepted and are being given protection so as to protect such provider of service from passing off the services rendered by others as his services. .....
Tag this Judgment!Court : Delhi
Reported in : 2003(66)DRJ804
..... the forgoing reasons, we are of the opinion that the directions of the division bench in the said writ petition cannot be sustained inasmuch as it is trite that no equality can be claimed on the basis of illegality.article 14 speaks of equality before law and equal protection of law. ..... claim of equality and the claim of equal protection thus must ..... and scope of legal provision which is alleged to have been misconstrued or contravened;(viii) the three parameters of judicial review of administrative action-illegality, irrationality and procedural impropriety with necessary changes are equally applicable to cases of judicial review of the tribunal's decision; and(ix) a mere wrong decision without anything more is not enough to attract jurisdiction of high court under article 227; the supervisory ..... the respondents to reinstate in service following illegal order.6.10 a writ of mandamus can be sought for by a person when there exists a legal right in himself and a corresponding legal obligation on the respondents.equality clauses enshrined in articles 14 and 16 of the constitution of india would apply only when the petitioner has been deprived of a legal right. ..... : (1997)1scc35 this court considered the scope of article 14 of the constitution and reiterated its earlier position regarding the concept of equality holding: 'suffice it to hold that the illegal allotment founded upon ultra virus and illegal policy of allotment made to some other persons wrongly, would not form a legal premise to .....
Tag this Judgment!Court : Delhi
Reported in : 1998VAD(Delhi)602; 74(1998)DLT549; 1998(47)DRJ180
..... (supra) it was held that article 14 guarantees to all persons the right of equality before the law and equal protection of the law within the territory of india. ..... this article not only guarantees equal protection as regards substantive laws but procedural laws also come within its ambit. ..... the guarantee of equality before law and equal protection under article 14 is that there should be no discrimination between one person and another if as regards the subject matter of legislation, their position is the same. ..... the implication of the article is that all litigants similarly situated are entitled to avail themselves of the same procedural rights for relief, and for defense with like protection and without discrimination. .....
Tag this Judgment!Court : Delhi
Reported in : 132(2006)DLT672
..... equal protection means the right to equal treatment in similar circumstances. .....
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