Judgment Search Results Home > Cases Phrase: equal protection Court: jammu and kashmir Page 1 of about 236 results (0.029 seconds)

Mian Bashir Ahmad and Etc. Vs. State of J. and K. and ors.

Court : Jammu and Kashmir

..... when a statute itself makes discrimination without any proper or reasonable basis, the statute would be invalidated for being in conflict with the equal protection clause and the question as to how it has actually worked out may not necessarily be a material fact for consideration. ..... for consideration in this case, such as,(i) whether a writ of this nature would fall within the provisions of article 19 (1) (a) or/and (c) and if it does, whether the impugned act would be a valid piece of legislation protected under the provisions of article 19(2) as being a reasonable restriction; and as such the legislature was competent to enact the impugned act putting restrictions on the right of freedom of speech guaranteed under article 19(1)(a) of the constitution;(ii) ..... upon by the petitioner also :--'it would be an idle parade of familiar learning to review the multitudinous cases in which the constitutional assurance of equality before the law has been applied.the equal protection of the laws is a pledge of a protection of equal ..... the state shall not deny to any person equality before law or equal protection of laws within the territory of india ..... . the expression 'equal protection' implies right to equal treatment in the similar circumstances both in ..... the circumstances, the scope and content of the enquiry is far removed from the test of conformity to rational classification, adopted for judging whether law had contravened the requirement of equal protection under article 14 ..... the equal .....

Ashok Kumar and Others Vs. State of JandK and Others

Court : Jammu and Kashmir

..... article 16 mirrors principle of equality before law and equal protection of laws guaranteed under article 14 ..... article 14, guaranteeing equality before the law and equal protection of laws, permits classification and so does article 16 ..... resist writ petition on the ground that section 6, reservation act and rules 9 and 34, reservation rules, are protected under clause (4a), article 16, constitution of india, and therefore, government orders impugned in writ petitions are valid and ..... it is pleaded that even if section 6, reservation act and rules 9, 10 and 34, reservation rules, are assumed to have protection of clause (4a), article 16, constitution of india, yet provision for reservation does not satisfy requirement of clause (4a), article 16, inasmuch as no background study has been made and satisfaction recorded regarding inadequate representation of reserved category ..... it follows that in all such matters right of equality of opportunity and protection against discrimination to a citizen, are to be respected and ..... such reservation, it is insisted, is protected against challenge under article 16 of the constitution mandating equality in the matters of public employment. ..... certainly just to say that a handicap should be given to the backward class of citizens at the stage of initial appointment, it would be a serious and unacceptable inroad into the rule of equality of opportunity to say that such a handicap should be provided at every stage of promotion throughout their career. .....

Parimoksh Seth and Another Vs. State of Jammu and Kashmir and Others

Court : Jammu and Kashmir

..... the very scheme of the constitutional provisions would show that we the people constituted india as a country, which guarantees equality before law and equal protection of laws and prohibit discrimination on the grounds of religion, race, caste, sex or place of birth and also provide equality of opportunity in the matters of public employment for all the citizens and it is provided that no citizen shall, on the ground only of religion, race, caste or sex, descent, place of birth, residence or ..... 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 14 provides for equality before law and equal protection of laws to all ..... , equality before law or equal protection of laws within the territory of india ..... in order to hold together this heterogeneous conglomerate of people, the constitution was conceived to protect the interests of cross sections of society and was delivered in a manner so as to sustain it for all times to ..... articles contained in part iii of constitution of india guarantee equal rights and protection to all its citizens. ..... the indianism in the context of the constitution not only protects but guarantees right to every citizen, which includes muslims of this country to practice and propagate ..... to public order, morality and health and to the other provisions of this part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion. .....

Vikas Jandial and ors. Vs. State of J and K Through Finance Department ...

Court : Jammu and Kashmir

Reported in : 2004(3)JKJ66

..... equality before the law and equal protection ..... increased in extent, and rendered, over a long period in recent years, of infinitely more convenient access than that provided by the old prerogative writs and actions for a declaration, is intended to protect the individual against the abuse of power by a wide range of authorities, judicial, quasi-judicial, and, as would originally have been thought when i first practised at the bar, administrative. ..... 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. ..... this power of control is an incident of the society's right to self-protection and it rests upon the right of the state to care for the health ..... part with such right or privilege to the others, then state can regulate consistent with the principles of equality enshrined under article 14 and any infraction in this behalf at its pleasure is arbitrary violating article 14. ..... it sounds contradictory for a state which is duty bound to protect human life, which is duty bound to improve public health and for that purpose is expected to move towards prohibition claims that it has the privilege of manufacture and sale of alcoholic beverages .....

Tahira and ors. Vs. State and ors.

Court : Jammu and Kashmir

Reported in : 2003(3)JKJ345

..... of the constitution 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. ..... within his own cadre;provided that in public interest and for reasons to be recorded in writing he may, in exceptional cases, be transferred to a post in any of the cadres, but his lien and promotion prospects shall be protected in his parent cadre.note: -- (i) a member of any cadre shall be transferred to and from state cadre and from one state cadre to another under orders of the government (general department). ..... equal protection of the laws means the right to equal treatment in ..... of the state/divisional/district cadre will ordinarily be transferable within his own cadre;provided that in public interest he may be transferred to a post in any of the cadre, but his lien and promotion prospects shall be protected in his parent cadre.note; (1) a member of any cadre shall be transferred to another only under orders of the government (general administration department). ..... argument advanced can be self destructive, because mass transfers or attachments, as the case may be, from a service equally has chaotic consequences and is unprecedented, besides being not recognisable under any service law or policy.32. ..... it was submitted that the state is bound to protect the life and liberty of each of its citizen and that, in the facts and circumstances attendant to each such writ petition, the impugned order is clearly a death knell .....

Dr. Ghulam Mahi-ud-dIn Vs. Anti-corruption Commission and ors.

Court : Jammu and Kashmir

Reported in : 1968CriLJ1074

..... . union of india : [1960]2scr569 , it has been held that an inquiry under one of the two alternative methods in respect of a public servant does not violate the equal protection clause of the constitution ..... . equal protection of laws does not postulate equal treatment of all persons without distinction; it merely guarantees the application of the same laws alike and without discrimination to all persons similarly situated.in s ..... . the consequence of such classification would undoubtedly be to differentiate the persons belonging to that class from others, but that by itself would not make the legislation obnoxious to the equal protection clause ..... . it specifies the characteristics which are peculiar to a certain class of government servants which is clearly defined and observes equality between all persons on whom it is to operate ..... decisions of this court that article 14 condemns discrimination not only by a substantive law but also by a law of procedure.the contention that since the provisions of the impugned act are harsh the act is bad and unconstitutional is equally devoid of force ..... . equality prescribed by the constitution would not be violated if the statute operates equally on all persons who are included in the group and the classification is not arbitrary or capricious, but bears a reasonable relation to the objective which the legislation has in view.it would be noted that the ordinance was .....

Glacier Cold Storage and Ice Mills and ors. Vs. Assessing Authority, S ...

Court : Jammu and Kashmir

Reported in : [1974]34STC426(NULL)

..... lordships observed as follows:equal protection clause of the constitution does not enjoin equal protection of the laws as ..... a condition of the guarantee of equal protection that all transactions, properties, objects or persons of the same genus must be affected by it ..... have to be constantly borne in mind by the court when it is called upon to adjudge the constitutionality of any particular law attacked as discriminatory and violative of the equal protection of the laws.'9. ..... protection of the equality clause does not predicate a mathematically precise or logically complete or symmetrical ..... be any reasonable basis for classifying the petitioners in a separate category for the purpose of taxation and leaving out the bakerywallas, who are equally placed and similarly circumstanced with the petitioners. ..... subject to adherence to the fundamental principles of the doctrine of equality, a larger play to legislative discretion in the matter of classification ..... 40,000 or above is purely discriminatory inasmuch as similar persons equally placed have been exempted from suability to tax and, therefore, there has been an inter se discrimination by virtue of the impugned notification, ..... had accorded an unequal treatment to equals, namely, the petitioner and the ..... 1972, is violative of articles 14 and 19 of the constitution of india inasmuch as the petitioner was selected for hostile discrimination by the notification as against the bakerywallas who were equally circumstanced with the petitioner. .....

Rehman Shagoo and ors. Vs. the State of Jammu and Kashmir

Court : Jammu and Kashmir

Reported in : 1958CriLJ885

..... by its title, preamble and provisions, the classification of the offences, for the trial of which the special court is set up and a special procedure is laid down can be said to be unreasonable or arbitrary and, therefore, violative of the equal protection clause, it was held that the system of special courts to deal with special types of offences under a shortened and simplified procedure was devised to meet the situation and that the legislation in question was based ..... contained in section 4 clause (2) of the ordinance that the person sent up for trial before the special court may be charged with and tried at the same trial for any other offence is not repugnant to the equal protection clause of the constitution, vide : 1953crilj1621 .37. ..... two parts and if the ruler would have known that he could not enact the first part of the ordinance referring to military he would have been fully competent to enact the other parts of the ordinance to protect the life and property of the subjects. .....

Shiv Shanker Sharma Vs. 1. State of Jammu and Kashmir Through Chief Se ...

Court : Jammu and Kashmir

..... the fundamental rights guaranteed to citizens to get equal opportunities in public employment and equal protection of laws is guaranteed and all appointments made in public sector undertakings/ state government departments or partly or fully aided government institutions must be strict in complying with the said guaranteed rights. ..... the learned counsel for the petitioner at this juncture submitted that any appointment to be made either on daily wage, adhoc, consolidated or regular basis must be strictly in compliance with the equality and equal opportunity of public employment as enshrined in article 14 and 16 of the constitution of india as well as section 14 and 16 of the jammu and kashmir constitution and the said issue has already been decided by hon?ble the supreme court, as ..... of hon?ble the supreme court and in the light of the constitutional provisions it is held thus: (1) any appointment, casual, adhoc, temporary/ part time/ regular must be in compliance with article 14 and 16 of the constitution of india which is equally applicable as per section 10 of the jammu & kashmir constitution. ..... the equality clause enshrined in article 16 requires that every such appointment be made by an open advertisement as to enable all eligible persons to compete on merits. ..... the equality of opportunity in the matter of employment would be available to all eligible candidates. 9. .....

Rias Ahmad Shah Vs. State of J. and K. and ors.

Court : Jammu and Kashmir

Reported in : AIR1987J& K30

..... . the cardinal principle being that citizens of india have equality before law and equal protection of laws in all matters subject to just exceptions contained in other provisions of chapter 3rd of the constitution.54 ..... . each member of the society is to be protected from social injustice and all types of exploitation ..... from open category 50% seats would be filled up and from reserve category 50% seats would be filled up which would mean that the seats were to be distributed equally between open merit category and reserve category. ..... . this protection is available to social castes who are backward because of economic reasons and those who are backward for other reasons ..... . state has to secure to all its citizens justice social, economic and political and it has among other things to secure equality of status and of opportunity ..... . this increase, in my opinion, is a fraud on the constitution and it is the duty of this court to remove any hurdle which tends to make any constitutional provision especially the equality clause as ineffective.69 ..... . the interest of the weaker and stronger section of the society is to be balanced in such a manner that both sections are provided equal opportunity of development ..... . in this view of the matter, open merit category and reserved category would share the percentage of seats equally i.e. 50 : 50 .....