Court : Gujarat
Reported in : (2003)3GLR2516
..... till date, if the legislative body takes care to reasonably classify persons for legislative purpose and if it deals equally with all persons belonging to 'a well-defined class', it is not open to challenge in the guise of denial of equality or equal protection of law contending that the law does not apply to persons after the cut-off date. ..... in the event of challenge against the legislative action of a legislature on the basis of equality and equal protection, the question for determination is not whether it has resulted in inequality, but whether there is some difference which bears just and reasonable relation to the purpose and object of the legislation ..... needless to reiterate that mere differentia or inequality treatment, ipso facto, does not amount to discrimination within inhibition of equal protection doctrine as provided in article 14 of the constitution of india. ..... if a legislation deals equally with members of a well-defined class, it is not prohibited or obnoxious and it is not open to the charge of denial of equal protection or breach of equality on the ground that it has no application to other persons ..... the doctrine of equality before law and equal protection of law as enshrined in article 14, positive separate treatment or reasonable classification is ..... , the constitution ensures equality before law and equal protection of law. ..... although, equal protection permits classification of persons, explicit prohibition against discrimination on the ground of religion or caste, .....
Tag this Judgment!Court : Gujarat
Reported in : (1986)54CTR(Guj)272; (1987)1GLR3; [1986]162ITR28(Guj)
..... that exact wisdom and nice adaption of remedies cannot be required that judgment is largely a prophecy based on meagre and uninterpreted experience, should stand as reminder that in this area the court does not take the equal protection requirement in a pedagogic manner (see joseph tussman and jacobus ten breck, 'the ..... thejprominence given to the equal protection clause in many modern opinions and decision in america all show that the court feels less constrained to give judicial deference to legislative judgment in the field of human and civil rights than in that of economic regulation and that it is making a vigorous case of the equal protection clause to strike down legislative action in the area of fundamental human rights (see 'developments-equal protection' 82, harv.land rev ..... rottschaefer said in his constitutional law at page 668 : 'a statute providing for the assessment of one type of intangible at its actual value while other intangibles are assessed at their face value does not deny equal protection even when both are subject to the same rate of tax. ..... principle which the courts have to bear in mind while considering such a challenge to the denied of equality before law or equal protection of law particularly are also well-settled. ..... it is equally true that a state cannot make any law which takes away or abridges the equally clause contained in article 14 which enjoins a state not to deny to any person equality before law or equal protection of law (see khandige sham bhatt .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1989Guj81; (1988)1GLR209
..... it is important to bear in mind the constitutional command for a state to afford equal protection of the law sets a goal not attainable by the invention and application of a precise ..... power, no doubt, in some degree is likely to produce some inequality; but if a law deals with the liberties of a number of well defined classes, it is not open to the charge of denial or equal protection on the ground that it has no application to other persons. ..... 3.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 precise ..... . ,the fundamental-guarantee is of equal protection of the laws and the doctrine of classification is only a subsidiary rule evolved ..... enjoins that equal protection shall be secured to all such persons in the enjoyment of their rights and liberties without discrimination or ..... 'who were in service on ernst march 1979 and retiring from service on or after that date' excluding the date for commencement of revision were words of limitation introducing the mischief and were vulnerable as denying equality and introducing an arbitrary fortuitous circumstance but they could be severed without impairing the scheme ..... is a pledge of the protection of equal laws. ..... . inasmuch as such unequals are being treated, as equals and inasmuch as non-occupants are given similar benefit of priority as occupants, this provision of the resolution must be treated to be arbitrary, irrational and violative of the guarantee .....
Tag this Judgment!Court : Gujarat
Reported in : (1979)1GLR614
..... at the same time that since those colleges are maintained out of public funds and that the authority which maintains them is the state government, such rules must conform to the guarantee of equal protection conferred by article 14. ..... in order to come within the mischief of article 14 it is not sufficient to show merely that there is differentiation or inequality of treatment, for, differentiation or inequality of treatment does not per se amount to discrimination within the inhibition of the equal protection clause. ..... having regard to the foregoing discussion, in my opinion, there is no justification in the grievance of the petitioner that unequals have been treated as equals by the enactment of rule 5.2(a) by giving credit of five marks to students who passed the board examination as also the next lower examination as against assignment of similar credit marks under rule 5.2 to students ..... anwar ali : 1952crilj510 mathematical nicety and perfect equality are also not required to meet the test ..... to assume that the state government having been informed of this position it acted in good faith to make suitable provision is the rules so as to shut out any such challenge and to give fair and equal treatment to all students similarly situate ..... attempt certificate and attested markesheet certificate in all respect are not produced with the application form.rule 5.3 makes provision for dealing with a situation in which candidates are found to have secured equal marks corrected as per rule 5.2. .....
Tag this Judgment!Court : Gujarat
Reported in : (1991)1GLR93
..... in this connection we can usefully refer to articles 14, 15, 16, 29 and 46 of the constitution of india.article 14 states 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.article 15(1) states that the state shall not discriminate against any citizens on grounds only of religion, race, caste, sex, place of birth or any of ..... if by exercising option the reserved category candidates are denied the equality before the law and equal protection of the law, the same will definitely be hit by ..... the university goes against the principles of public policy and fair play and offends equality before the law and equal protection of the laws that has to be given to every citizen of india. ..... clearly gives a mandate 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. ..... house of the people even from a double-member constituency were one seat is reserved for the members of the scheduled tribes is one, and though the constitution shows just anxiety to afford necessary protection to the members of the scheduled tribes, it deliberately has refused to adopt the system of separate electorates. ..... promote with special care the educational and economic interests of the weaker sections of the people, and, in particular of the scheduled castes and the scheduled tribes, and shall protect them from social injustice and all forms of exploitation.8. .....
Tag this Judgment!Court : Gujarat
Reported in : (2007)1GLR213
..... experts, and the number of times the judges have been overruled by events ---- self-limitation can be seen to be the path of judicial wisdom and institutional prestige and stability (see joseph tussman and jacobusten brook, 'the equal protection of the law', 37 california law rev ..... . in such a complex arena in which no perfect alternatives exist, the court does well not to impose too rigorous a standard of scrutiny lest all local fiscal schemes become subjects of criticism under the equal protection clause.17 ..... , under article 301 will be protected from the vice of unconstitutionality, if it is compensatory or regulatory in character as per its judicially evolved concept;(ii) a taxation legislation, which seeks to levy tax of non-discriminatory nature in the matter of its ultimate incidence and effect as between the goods imported from other states on one hand and the similar goods manufactured within the state, on the other, is protected from the vice of unconstitutionality. ..... of non-discriminatory in nature in the matter of its ultimate incidence and effect as between the goods imported from other states on one hand, and the similar goods manufactured within the state on the other hand, is protected from the vice of unconstitutionality. .....
Tag this Judgment!Court : Gujarat
Reported in : (1971)12GLR894
..... the english doctrine of the rule of law and the equal protection clause of the 14th amendment to the american federal constitution. ..... wherein the full court has examined in minute detail the ratio of gopalan's case and in certain aspects has differed from the same, taking up the first proposition laid down in gopalan's case that the protection of the guarantee of a fundamental freedom must be adjudged in the light of the object of state action in relation to the individual's right and not upon its influence upon the guarantee of the fundamental freedom and ..... the constitution which is a command to the state provides 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. ..... 'equality before the law is a negative concept implying the absence of any privilege in favour of an individual while the term equal protection of the laws' is a more positive concept implying equality of treatment in equal ..... out that any law to '03 valid under article 21 must satisfy freedoms guaranteed by article 19 arid test of rationality as also equality before law and equal protection of law as guaranteed by article 14. ..... article 14 of the constitution expressly directs that the state shall not deny to any person equality before the law or equal protection of the law. ..... article 14 guarantees equality before law or equal protection of laws within ..... equal protection must mean that there will not be arbitrary discrimination made by the laws .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1961Guj38; (1961)2GLR38
..... however, found it difficult to sustain this argument and frankly stated to the court that if the action of the state offended against the equal protection clause, it could not be saved by resort to the directive principles of state policy. ..... the unlawful administration of a statute by the executive may result in its unequal application to those who are entitled to be treated alike but that does not amount to a denial of the equal protection clause unless there is shown to be present in it an element of intentional or purposeful discrimination. ..... it is, therefore, clear that the fundamental right guaranteed by the equal protection clause is available not only against legislative action but is also available ..... article is 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'. ..... as observed by weaver on constitutional law '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 ..... such an action on the part of the state offends the equal protection clause contained in article 14 of the constitution. ..... as the guarantee implied in the equal protection clause applies to all persons similarly situated, it is certainly open to the legislature to classify persons and filings to achieve particular legislative objects but such selection or differentiation must not be arbitrary and should .....
Tag this Judgment!Court : Gujarat
Reported in : (1967)8GLR729
..... '. section 17 sub-section (4) does not, therefore, offend against the equal protection clause contained in article 14 and if the validity of section 17 sub-section (4) cannot be attacked on the ground of violation of article 14, the attack against the validity of section 17 sub-section (1) must also fail on the same ground ..... v. justice tendolkar : [1959]1scr279 and was, therefore, violative of the equal protection clause contained in article ..... affidavits. these arguments were addressed to us with an appeal that the rights of property of the subject were at stake and if we did not accept the contention of the petitioners, we would be failing in our duty to protect the subject against wrongful deprivation of his property by the ..... no. 1003 of 1965 must apply equally to the other petitions mutatis mutandis-that l. .....
Tag this Judgment!Court : Gujarat
Reported in : (1971)12GLR355
..... the detailed grounds on which the constitutional validity of section 96 to 102 is challenged may now be stated:(a) the impugned provisions are violative of the equal protection clause contained in article 14 inasmuch as they make unjust discrimination between litigants having disputes with co-operative societies and others litigants: whereas the ordinary procedure for adjudication of disputes by civil courts according to the code ..... no rational justification can be given in answer to this question, the special procedure would be clearly violative of the equal protection clause contained in article 14.18. ..... of the special procedure is that there should be speedy determination of disputes at lesser cost unfettered by technical rules of procedure so as to save co-operative societies from being involved in long drawn out litigation, such reason would be equally applicable whether the non-member is a debtor or a creditor of the society. ..... determination of disputes at lesser cost unfettered by technical rules of procedure is necessary in case of dispute with one category of non-members, it would be equally necessary in case of dispute with another category of non-members. ..... nothing uncommon in properties or characteristics between one category of non-members and another : both have common properties and common characteristics so far as the object of providing the special procedure is concerned and, therefore, require equal treatment in the matter of application of the special procedure. .....
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