Court : Guwahati
..... this requirement, then the differentiation which the legislation makes between the class of persons or things to which it applies and other persons or things left outside the purview of the legislation cannot be regarded as a denial of the equal protection of the law, for, if the legislation were all-embracing in its scope, no question could arise of classification being based on the intelligible differentia having a reasonable relation to the legislative purpose.this statement of the law was ..... after a consideration of the american decisions bearing on the interpretation of the fourteenth amendment of the constitution of the united states interpreted it in the following terms:it must be admitted that the guarantee against the denial of equal protection of laws does not mean that identically the same rules of law should be made applicable to all persons within the territory of india in spite of differences of circumstances and conditions. ..... of the supreme court summed up the position as follows:now, it is well settled that the equal protection of the laws guaranteed by article 14 of the constitution does not mean that all laws must be general in character and universal in application and that the state is no longer to have the power of distinguishing and classifying persons or .....
Tag this Judgment!Court : Guwahati
..... decisions of the supreme court established the following principles which would have to be constantly borne in mind by the courts when called upon to adjudge the constitutionality of the any particular law attacked as discriminatory and violative of the equal protection of the laws :(a) that a law may be constitutional even though it relates to a single individual if, on account of some special circumstances or reasons applicable to him and not applicable to others, that single individual may be treated as a class by himself ;(b) ..... article, it is clear that the article applies to any one who can be called a persons who may not even be citizens of india.between persons, what the article guarantees is that they should enjoy (i) equality before the law and (ii) equal protection of the laws within the territory of india.before examining the attack made against section 37(2) of the act in this regard, it would be necessary to note that the present section 37(2) of the act originally was ..... when, however, the constitution came into force on 26th january, 1950, the citizens obtained the fundamental rights enshrined in part iii of the constitution including the right to equality of laws and equal protection of laws enacted in article 14 thereof, and whatever may have been the position before the 26 the january, 1950, it was open to the persons alleged to belong to the class of substantial evaders, thereafter to ask as to why some of .....
Tag this Judgment!Court : Guwahati
..... the position, therefore, is that when the stature 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; but the officer would have a good defence if he could ..... statute itself makes a discrimination without any proper or reasonable basis, the statue would be invalidated for being in conflict with the equal protection clause, and the question as to how it is actually worked out may not necessarily be a material fact for consideration. ..... , observed that :"it appears to be an accepted doctrine of american courts that the purpose of the equal protection clause is to secure every person within the states against arbitrary discrimination, whether occasioned by the express terms of the statute or by their improper application through ..... , that :"now, it is well settled that the equal protection of the laws guaranteed by article 14 of the constitution does not mean that all laws must be general in character and universal in application and that the state is no longer to have the power of distinguishing and ..... therefore, violative of article 19 being an unreasonable restriction on the right of the petitioner to hold and possess property cannot be accepted.the next ground on which the validity of section 46 (5a) is challenged is that it violates the guarantee of equal protection of laws under article 14 of the constitution. .....
Tag this Judgment!Court : Guwahati
..... 'a legislation which does not contain any provision which is directly discriminatory may yet offend against the guarantee of equal protection if it confers upon the executive or administrative authority an unguided or uncontrolled discretionary power in the matter of application ..... 'the state shall not deny to any person equality before the law or the equal protection of the laws within the territory of india.'13. ..... besides, the guarantee of equal protection applies against substantive as well ..... so, why this remedy is restricted only to those well-to-do or financially sound dealers who can make statutory minimum deposit of 50 per cent of the tax or penalty why classify the dealers, who are equally aggrieved by the levy and imposition of tax or penalty by the very same authority into two categories--one who are financially capable of depositing 50 per cent thereof in the interim and the other who are ..... no exception to the doctrine of equal protection. ..... reasonableness, which legally as well as philosophically, is an essential element of equality or non-arbitrariness pervades article 14 like a brooding omnipresence.'17. ..... state of tamil nadu (1974) 4 scc 3 : 'equality is a dynamic concept with many aspects and dimensions and it cannot be 'cribbed, cabined and confined' within ..... not reasonable and does not satisfy the two conditions referred to above, the impugned legislative or executive action would plainly be arbitrary and the guarantee of equality under article 14 would be breached. .....
Tag this Judgment!Court : Guwahati
..... this requirement, then the differentiation which the legislation makes between the class of persons or things to which it applies and other persons or things left outside the purview of the legislation cannot be regarded as a denial of the equal protection of the law, for, if the legislation were all embracing in its scope, no question could arise of classification being based on intelligible differentia having a reasonable relation to the legislative purpose.13. ..... state of west bengal : 1953crilj1621 , the supreme court observed that:it is well settled that the equal protection of the laws guaranteed by article 14 of the constitution does not mean that all laws must be general in character and universal in application and that the state is no longer to have the power of distinguishing and classifying persons or .....
Tag this Judgment!Court : Guwahati
..... possession or custody of the property ; (c) commit the same to the possession, custody or management of the receiver ; (d) confer upon the receiver all such powers, as to bringing and defending suits and for the realisation, management, protection, preservation and improvement of the property, the collection of the rents and profits thereof, the application and disposal of such rents and profits, and the execution of documents as the owner himself has, or such of those ..... so this section 17 of the act is struck down as the equal protection clause both with regard to remedy/liability have been ..... v. union of india : [1997]228itr725(sc) wherein the supreme court pointed out inter alia as follows (page 767) : 'it is equally their duty to oversee that the judicial decisions rendered by those who man the subordinate courts and tribunals do not fall foul of strict standards of legal correctness and ..... union of india : (1996)10scc104 wherein the supreme court has pointed out as follows (page 115) : 'justice in the preamble implies equality consistent with the competing demands between distributive justice with those of cumulative ..... the object of attachment before judgment is to speed up the recovery of debts and to protect the interest of the decree holder- ..... charge. it is further alleged that aidc without protecting the interest of the applicant has taken steps for selling' the said land at a very lower price which is against the interest of the applicant and too by violating .....
Tag this Judgment!Court : Guwahati
..... of india, irrespective of the place where he is born or the language which he speaks or the religion which he professes and he is guaranteed freedom of trade, commerce and intercourse throughout the territory of india and is entitled to equality before the law and equal protection of the law with other citizens in every part of the territory of india, it is difficult to see how a citizen having his permanent home in tamil nadu or speaking tamil language can be regarded as an outsider in uttar ..... it would run counter to the basic principle of equality before the law and equal protection of the law if a citizen by reason of his residence in state a, which ordinarily in the commonality of cases, would be the result of his birth in a place situate within that state, should have opportunity for education or advancement which is ..... the effort must, therefore, always be to select the best and most meritorious students for admission to technical institutions and medical colleges by providing equal opportunity to all citizens in the country and no citizen can legitimately, without serious detriment to wa no.291 and 293 of 2013 page 22 of 36 the unity and integrity of the nation, be regarded as an outsider in our ..... humble or high, agrestic or urban, man or woman, whatever be his language or religion, place of birth or residence, is entitled to be afforded equal chance for admission to any secular educational course for cultural growth, training facility, speciality or employment. .....
Tag this Judgment!Court : Guwahati
..... viswanatha shastri (1954) 26 itr 218, has clarified that article 14 of the constitution not only guarantees equal protection of a tax prayer as regards substantive law, but procedural laws also come within its ambit. ..... industrial unit, falling under part i, which is, under the agst act, 1993, qualified to receive eligibility certificate in respect of the payment of the assam general sales tax act, 1993, is equally entitled to receive exemption from payment of the central sales tax in respect of the sales made in the course of inter-state trade or commerce. ..... is found to be arbitrary, then, such action will fall within the ambit of article 14 and/or article 21 and in such a situation, the petitioner company will, being a person within the meaning of articles 14 and 21, be entitled to the protections guaranteed therein (see : [1950]1scr869 and : 1964crilj234 ),6. ..... of the constitution not only guarantee fundamental rights, but also provides machinery, which will protect such fundamental rights against constitutional invasion. ..... and collection of taxes by any authority under article 265 of the constitution of india cannot infringe the protections provided by article 14.113. ..... , director of the said company is a citizen of india and being a citizen, he is entitled to the protection guaranteed under article 19(1)(g). dr. ..... 2 is entitled to the protection guaranteed under article 19(1)(g), it clearly follows that the ..... article 14 guarantees equal treatment to all persons, be they citizens .....
Tag this Judgment!Court : Guwahati
..... 'they are pregnant with discrimination and discrimination is aningredient not compatible with the idea of equal protection of the laws that is implicit in the ban on 'cruel and unusual' punishments. ..... article 14, dougles, j, made this point clear : there is increasing recognition of the fact that the basic theme of equal protection is implicit in 'cruel and unusual' punishments. ..... it is the duty of the united nations to promote progress and to protect man from the prejudices and barbarity surviving from the past. 21. ..... the manner in which mercilessly she was attacked by these two persons on whom the confidence was reposed to give her protection repels any consideration of reduction of sentence. ..... is capital punishment the most desirable and the most effective instrument for protecting the community from violent crime? ..... they are posted there to protect her from any intruder or from any attach from outside and therefore, if they themselves resort to this kind of offence, there appears to be no reason or no mitigating circumstances for consideration on the question of sentence ..... if the death penalty really and appreciably decreases murder, if there is equally no effectivesubstitute and if its incidents are not injurious to society, we may well support the death penalty ..... deka on the other hand has argued with equal vehemence that the instant case is one of the rarest of a rare case in which this court must give death sentence as the accused has killed none else but his own mother and helpless .....
Tag this Judgment!Court : Guwahati
..... the petitioner is being discriminated against without any reasonable basis or justification and he is being denied equality before law and/or equal protection under the law.8... ..... as a matter of fact, between 1959 and 1963 inclusive the quota fixed for departmental promotees was increased from 10 to 50 per cent and thereby the confirmation of departmental promotees and direct recruits was equally balanced.the direct recruits, who were appointed by interview fell within the class of direct recruits. ..... in such a situation, the regular and the irregular appointees cannot be treated equal, particularly, when the irregular appointee has surfaced from a selection process, which was separate from the one through which the regular appointee came to be selected and appointed.178. ..... in other words, article 16 aims at giving effect to the doctrine of equality in the matter of appointment and promotion.3. ..... article 16 of the constitution of india guarantees equality of opportunity for all citizens in matters of employment or appointment to any office under the state or to promotion from one office to a higher office thereunder. ..... article 16 is nothing, but one of the facets of the concept of equality enshrined in article 14 thereof. ..... it is equally important to note that under rule 10(1)(a) of the assam rules of executive business, 1968, no department shall, without previous consultation with the finance department, authorise any orders, which may either immediately or by their repercussion, will .....
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