Court : Karnataka
Reported in : ILR2005KAR3710; 2005(4)KarLJ481
..... the expressions 'discriminatory' and 'hostile' are found to be used by american judges often simultaneously and almost as synonymous expressions in connection with discussions on the equal protection clause.if a legislation is discriminatory and discriminates one person or class of persons against others similarly situated and denies to the former the privileges that are enjoyed by the latter, it cannot but he regarded as 'hostile' in ..... part, which is a corollary of the first and is based on the last clause of the first section of the fourteenth amendment of the american constitution, enjoins that equal protection shall be secured to all such persons in the enjoyment of their rights and liberties without discrimination or favouritism. ..... enjoins upon the state not to deny to any person 'equality before the law' or 'the equal protection of the laws' within the territory of india. ..... , 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 of equal protection on the ground that it has no application to other persons. ..... most constitutions speak of either 'equality before the law' or 'the equal protection of the laws', but very few ..... 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 ..... held by the supreme court that the equal protection clause was not violated by this provision. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1997KAR1573
..... certain individuals or corporations to hostile or discriminating legislation.the above principles will 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.a close perusal of the decisions of this court in which the above principles have been enunciated and applied by this court will also show that a statute which may come up for consideration on a question ..... otherwise also, what is guaranteed by article 14 of the constitution is equality before law and equal protection of laws and the prohibition is against unreasonable classification. ..... resources of the community be so distributed as best to subserve the common good; that the economic system should not result in the concentration of wealth and the means of production to the common detriment; that there should be equal pay for equal work for both men and women; that the state should endeavour to secure the health and strength of workers, men and women, and to ensure that the tender age of children is not abused ..... equality before law is a negative concept and equal protection of laws is a positive one. ..... mere differentiation or inequality of treatment does not, perse, amount to discrimination within the inhibition of the equal protection clause. ..... equal protection is ensured to all alike in the same situation and under like circumstance. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1986Kant21; ILR1985KAR2477
..... which is a corollary of the first and is based on the last clause of the first section of the fourteenth amendment of the american constitution, enjoins that equal protection shall be secured to all such persons in the enjoyment of their rights and liberties without discrimination or favouritism. ..... 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 of equal protection on the ground that it has no application to other persons. ..... the constitutional command to the state to afford equal protection of its laws sets a goal not attainable by the invention and application ..... proceeds to classify the persons or things on a basis which has no rational relation to the objective of the legislature, its action can be annulled as offending against the equal protection clause. ..... . besides, the restrictions so placed are arbitrary and unreasonable, not conceived in the interest of general public but conceived primarily to protect the interest of the permanent cinema operators in the state, who are the rivals of the owners of the touring cinemas, in the trade and ..... constitution and those restrictions are not conceived in the interest of the general public but are concerned in protecting the interests of permanent cinema theatre owners and, is therefore, liable to be struck down as offending ..... it is a pledge of the protection of equal laws, that is, laws that operate alike on all .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1993KAR2117; 1993(3)KarLJ126
..... unreasonable and it can be demonstrated that it denies any persons equality before the law or the equal protection of the law, the said law would offend article 14.49. ..... question which must be examined is, can fair-minded, reasonable, unbiased and resolute men regard that with equanimity and call it reasonable, just and fair, regard it as equal treatment and protection in the defence of liberties which is expected of a sovereign democratic republic in the conditions which are obtained in india today'.this makes it clear that the entire observation ..... arbitrariness found in the law was the same as the denial of 'the equality before law and equal protection of the law', referred to in article 14 of the constitution. ..... ten breck, 'the equal protection of the laws', ..... 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. ..... -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'. 52. ..... , reasonable, un-based and resolute men, who are not swayed by emotion or prejudice, regard this with equanimity and call it reasonable, just and fair, regard it as that equal treatment and protection in the defence of liberties which is expected of a sovereign democratic republic in the conditions which obtain in india today? .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1998KAR1734
..... operative provisions of the act, for the exercise of the discretionary power vested in government so as to render the impugned section not open to attack as a denial of the equal protection of the laws in our judgment, the provision now impugned belongs to the class numbered (v) in the analysis of the decision on article 14 by das c.j. ..... be borne in mind by the court when it is called upon to adjudge the constitutionality of any particular law challenged on the ground of discrimination and violative of the equal protection of laws, has observed as follows :'...the principle enunciated above has been consistently adopted and applied in subsequent cases. ..... , as a matter of policy, taking into account the request made by the religious and charitable institutions with regard to the problems they are being faced with on account of the act, removes the statutory protection given to the tenants of those institutions, in my view, it cannot be said that the said action of the state, which has resulted in passing of the impugned provision, is either discriminatory, unreasonable ..... on an equal footing and the tenants of the government or local authority or the board cannot, therefore, complain of any denial of equality before the law or of equal protection of the ..... 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. ..... equally need the protection .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1991KAR4013
..... law relating to the regulations of lifting of residential and non-residential buildings and the control of rents of such buildings including the open land and the prevention of unreasonable eviction of tenants in the state of karnataka: 'section 21 - protection of tenants against eviction (j) notwithstanding anything to the contrary contained in any other law or contract, no order or decree for the recovery of possession of any premises shall be made by any court or other authority in favour of ..... well settled law, that article 14 of the constitution secures equal protection of the laws, forbids class legislation as not reasonable classification ..... thus, equal protection of laws cannot be claimed ..... rent payable by tenants of residential buildings to entitle them to seek the protection of the act, the passage of time has made the ceiling utterly unreal ..... the form and the extent of the restrictions to be imposed on the landlord's right and the consequent extent of protection to be given to the tenants is a matter of legislative policy and judgment. ..... karanth argued that the karnataka rent act seeks to protect tenants from eviction of premises whether they occupy building or the premises with structures ..... is entitled to occupy it under sub-section (1), the tenant's right to occupy the said building under the said sub-section shall terminate and the landlord shall be entitled to recover from the tenant, a sum equal to three times the amount of the monthly fair rent in respect of the building. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1987KAR1673; 1986(2)KarLJ165
..... further, main grievance of petitioner is denial of equal opportunity to participate in auction held on 2-5-1986, whenever litigants complain denial of equality of treatment or equal protection of laws, normally, courts will be slow to dismiss writ petition on ground of laches unless prejudice caused to adversary is ..... relevant clauses of this notification for decision of this case are :-'1(a) every intending bidder, shall deposit by way of earnest money a sum equal to one month's rent of the shop or group of shops of the excise year 1985-86 in the form of a demand draft on a scheduled bank in favour of the deputy commissioner/excise commissioner.provided that in the case of shops ..... whether circular, annexure b, dated 24-4-1986 is valid if so, whether petitioner has been denied equality of opportunity to participate in auction held on 2-5-1986 in disposal of right of retail vend of toddy in bangalore district ?orhas it been withdrawn as contended by contesting respondent before commencement of ..... contention of petitioner is that denial of such opportunity is denial of equal treatment or equality before law.in support of the plea of inequality of treatment, reliance is placed on the decision of supreme court in ramana ..... 'negativing the plea of protection to article 227 of the constitution of india and levy as taxes on luxuries including taxes on entertainments, amusements, betting and gambling under entry 62 of list ii, held that education act does not impose charge of education cess .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1951Kant72; AIR1951Mys72
..... without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws,' undoubtedly intended not only that there should be no arbitrary deprivation of life or liberty or arbitrary spoliation of property but that equal protection & security should be given to all under me circumstances in the enjoyment of their personal & civil rights; that all persons should be equally entitled to pursue their happiness & acquire & enjoy property; that they should have ..... partial, & discriminatory legislation, which secures this right to some favoured class or classes & denies it to others, who are thus excluded from that equal protection designed to be secured by the general law of the land, is in clear & manifest opposition to the letter & spirit of the foregoing constitutional ..... article 14 lays down that the state shall not deny to any person equality before the law of the equal protection of the laws', & article 21 provides that 'no person shall be deprived of his life or personal liberty except according to procedure ..... point it has to be observed that there is a vital change in the powers of the legislature as under the constitution 'the state shall not deny any person equality before the law or the equal protection of the laws within the territory of india,' as is clear by article 14. ..... is said in an american case, 'the constitutional command for a state to afford equal protection of the law sets, a goal not attainable by the invention & application of .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1980Kant44; ILR1980KAR638
..... it was contended that on account of such discrimination, the impugned section violates equal protection of laws guaranteed by article 14 of the constitution.it may be pointed out that landlords who are occupying houses of others as tenants not on allotment but under contracts, are also liable to be evicted from such houses under clause (p) ..... the two classes of tenants are not by force of circumstances placed on an equal footing, and the, tenants of the government or local authority or the board cannot, therefore, complain of any denial of equality before the law or equal protection of the law. ..... it was contended for him before the supreme court that, section 4 of the bombay housing board act exempting the buildings belonging to it or vested, in it from the operation of the bombay rent control' act offended equal protection under article 14 of the constitution. ..... the light of the above observations of the, supreme court, the contention that section 21a violates equal protection laws, must fail. 9. ..... , of government or local, authority or the board are not in need of such, protection as, the, tenants of private landlords are and, this circumstance is a cogent, basis for, differentiation ..... the petitioner who was a tenant of that class, was issued with a notice by the housing board to vacate the house occupied by him, but he claimed protection under the bombay rent control act. ..... section 4 of that act exempted houses leased out by the board, from the protection of the bombay rent control act. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1997Kant269; ILR1997KAR424
..... india, which is the constitutional command against the slate and these instrumentalities provided to the following effect :--'article 14 :-- the state shall not deny to any person equality before the law or the equal protection of the laws within the territory of india ..... 'equal protection of the laws' for full growth is guaranteed, apart from 'equality ..... 6 of the admission rules which provides for determination of merit as it originally stood reads thus:--'the merit shall be determined by taking the marks obtained in the entrance test and the optional subjects in the qualifying examination in equal proportion; provided that in respect of candidates possessing diploma in the relevant branch of engineering specified in column (2) of the schedule, the method of selection for admission to courses specified in column (3) of the schedule shall ..... . anyone any where, humble or high, agrestic or urban, man or woman, and whatever his religion or irreligion, shall be afforded equal chance for admission to any secular educational course or school for cultural growth, training facility, speciality or employment, 'each according to his ability', is of pervasive validity, and it is a latent, ..... apart from the eligibility of the petitioner for admission to the bds course in question, equally important questions fallen for consideration are as follows:--'(i) whether, keeping in view the mandates under articles 14 and 15 of the constitution of india any reservation or quota can be created in favour .....
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