Judgment Search Results Home > Cases Phrase: equal protection Court: kolkata Page 1 of about 3,968 results (0.035 seconds)

Kishwar Jahan and anr. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : 2008(3)CHN857

..... is shown as an accused, is also entitled to equal protection of the law ..... criminal case registered under section 363, ipc and that compulsion to disclose his defence would be contrary to article 20(3) of the constitution, the apex court rejected his contention as misconceived and observed as follows:protection against testimonial compulsion did not convert the position of a person accused of an offence into a position of privilege, with immunity from any other action contemplated by law ..... in course of strenuously urging that the police officers as well as the private respondents had violated riz's right protected under article 21 of the constitution, reliance was placed on the decisions reported in : (2003)iiillj31sc ..... . bandopadhyay has contended with sufficient force that despite seeking protection from high ranking police officers, riz was not given any protection at all; on the contrary, he was treated in such a manner by the kolkata police as if he had committed an offence punishable ..... 9 acted ultra vires the provisions of the code and invaded the rights of riz as protected by articles 21 and 14 of the constitution and, therefore, their impugned actions are unconstitutional ..... rowdy section), lal bazaar and krishnendu das, sub-inspector, anti-rowdy section be forthwith be handed over and be conducted by the central bureau of investigation;(f) an order do issue directing ihe respondents to give police protection to the petitioners:(g) ad interim order in terms of prayer (e) and (f) above.17 .....

Jay Engineering Works Ltd. and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : AIR1968Cal407,72CWN440

..... it was further argued that uncanalised and arbitrary powers were conferred upon the police by the impugned circulars by reason whereof the petitioner had been deprived of the eqalitv before the law and the equal protection of laws in support of this contention, reliance was placed on a decision of the supreme court in : [1956]29itr717(sc) in that case by an omnibus order made by the central board of revenue the petitioner's case ..... here, the 'state' which includes its income-tax department has by an illegal order denied to the petitioner as compared with other bidi merchants who are similarly situate, equality before the law and the equal protection of the law and the petitioner can legitimately complain of an infraction of his fundamental right under article 14 of the constitution.coming back to the facts of the instant case, we find that the ..... that process would inevitably end in substituting the doctrine of classification for doctrine of equality: the fundamental right to equality before the law and equal protection of the laws may be replaced by the doctrine of classifies tion 'it was submitted that there was ..... it combines the english doctrine of the rule of law and the equal protection clause of the 14th amendment to the american federal constitution which enjoins that no state shall 'deny to any person within its jurisdiction the equal protection of the laws' there can, therefore, be no doubt or dispute that this article is founded on a sound public policy recognised .....

Kinkar Karmakar and ors. Vs. Government of West Bengal and ors.

Court : Kolkata

Reported in : (1999)2CALLT320(HC)

..... to be called the home guards (as provided under sections 3, 4 and 5 of the act) and are responsible for the organisation; the purpose of constituting of which body is to assist the police force in protection of civil population against the force of crime and disorder and to discharge all such duties as described in rule 7(i), (ii) and (iii) which are, by and large, the duties of the policemen, and, ..... equality before law and equal protection of the law and implicit in it is the further principle that there must be equal pay for work of equal ..... all persons equality before the law and the equal protection of the ..... quoted with approval the principle laid down in : (1982)illj344sc ; 'construing articles 14 and 16 in the light of the preamble and article 39(d), we are of the view that the principle 'equal pay for equal work' is deduclble from those articles and may be properly applied to cases of unequal scales of pay based on no classification or irrational classification though those drawing the different scales of pay do identical ..... the home guards are enrolled as has been stated in section 3 of the act, 1962 is 'to discharge such functions in relation to the protection of the persons, the security of property or the public safety as may be assigned to them in accordance with the provision of the act ..... assisting the police forces and while working as such they do have same powers, privileges and protections similar and equal with police officers [section 6(1), section 7 and rule 7(1)].28. .....

Anwar Ali Sarkar Vs. the State of West Bengal

Court : Kolkata

Reported in : AIR1952Cal150

..... as has been said by the supreme court of america, 'equal protection of law is a pledge of the protection of equal laws', and this means 'subjection to equal laws applying alike to all in the same situation'. ..... other companies similarly situated and this company alone had been discriminated against, and as he had failed to discharge this burden the impugned act could not be held to have denied to the petitioner the right to equal protection of the laws referred to in article 14 and the petitioner was not therefore entitled to any relief.56. ..... the amendment provided that 'no state - shall - deny any person within its jurisdiction the equal protection of the laws' * * * *the guiding principle of this guaranty is that all persons similarly circumstanced shall be treated alike both in privileges conferred and liabilities imposed. ..... 911 observed as follows:'it must be admitted that the guarantee against the denial of equal protection of the 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 and circumstances and conditions. ..... at page 407 the learned author dealing with 'equal protection in legal proceedings' observes:'the equal protection of the laws in legal proceedings is secured when the laws of the state operate on all persons alike and do not subject the individual to an arbitrary exercise of the powers of the government; when its courts are open to .....

M/S. Ranbaxy Laboratories Limited Vs. the State of West Bengal and Oth ...

Court : Kolkata

..... article 14 of the constitution guarantees to all persons equality before the law and the equal protection of the laws. ..... this principle, however, will not apply where the bargaining power of the contracting parties is equal or almost equal. ..... principle is that the courts will not enforce and will, when called upon to do so strike down an unfair and unreasonable contract, or an unfair and unreasonable clause in a contract, entered into between parties who are not equal in bargaining power. ..... the principle deducible from the above discussions on this part of the case is in consonance with right and reason, intended to secure social and economic justice and conform to the mandate of the great equality clause in art. 14. .....

Saraf Infra Projects Ltd. and Anr. Vs. The State of West Bengal and Or ...

Court : Kolkata

..... article 14 of the constitution of india not having prohibited a reasonable classification the impugned provisions of the act do not infringe on the equal protection of law guaranteed by the constitution of india. ..... the scheme of the law includes protection of heritage and the law is to be considered from that perspective as well. ..... if every legislation has an object and a history the absence of such legislation has an equal context. ..... if, therefore, a special provision of law is laid down or a separate procedure is provided for obtaining a building plan, the same cannot be struck down as contrary to the principles of equality. .....

S.B. Trading Co. Ltd. Vs. Shyamlal Ramchandra

Court : Kolkata

Reported in : AIR1951Cal539

..... the first & foremost argument is that section 18 (5), rent act, 1950, & the amendment thereof are ultra', vires the constitution on the ground :'(a) of infringement of the guarantee of 'equal protection of laws' or 'equality before the laws' as provided in article 14 of the constitution ;(b) of being unreasonable within the meaning of sub-article 5 of article 19 read with article 19(1)(f) of the constitution. ..... the results therefore in either of the two cases i & ii above are contended to be that among the same class of tenants under statutory forfeiture against whom decrees for ejectment had been passed, there is no equal 'protection of the laws' or any 'equality before the law' & it is therefore argued to be a violation of the guarantee of article 14 of the constitution.19. ..... this act of 1948 was a law before the constitution & naturally, no constitutional doctrine of 'equal protection of the laws' or 'equality before the law' affected such statutory provision.13. ..... it is in this sense that the constitutional doctrine of 'equality before the law' or of 'equal protection of the laws' should be understood & it cannot be over emphasised that in applying this doctrine no narrow dogmatic constitutional niceties should hamper the true exposition of the constitution as a living practical instrument of govt. ..... the frontiers of the constitutional doctrine of 'equality before the law' or 'equal protection of the laws' shade off imperceptibly inter the region of legislative policy. .....

Gyan Bharati Vidyapith and Anr. Vs. The Director of School Education a ...

Court : Kolkata

..... making a statutory provision in section 12 of the delhi school education act which was discriminatory, had violated the mandate to the state under article 14 of the constitution not to deny the equal protection of the laws within its territories. ..... para-16-in our considered opinion, the division bench of the high court has rightly held in the impugned judgment that the teachers of private unaided minority schools had no right to claim salary equal to that of their counterparts working in government-aided schools are paid mostly out of the government funds, whereas the teachers of private unaided minority schools are paid out of the fees and ..... below :- para-38-if the classification is proper and reasonable and has a nexus to the object sought to the achieved, the doctrine of equal pay for equal work will not have any application even though the persons doing the same work are not getting the same pay. ..... para-23-we also do not think that the court could issue a mandamus to a private unaided school to pay the salary and allowances equal to the salary and allowances of teachers of a private unaided school is a matter of contact between the school and the teacher and is not within ..... in support of his contention for the proposition of law that an incumbent should not be deprived of equal pay for discharging equal work like his counterparts mr ray relied on supreme court decision reported in air1990scc page-334 (supreme court employees welfare association vs union of india and others with .....

Edward Ezra and ors. Vs. the State

Court : Kolkata

Reported in : AIR1953Cal263,56CWN875

..... after the constitution came into being a citizen is entitled to say that he must have the equal protection of the laws and should not be exposed to the peril of trial or punishment which citizens similarly placed would not have to be subjected ..... union of india', (1950)scr 869: '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 ..... professor willis dealing with the equal protection clause in the american constitution states as follows: 'the guaranty of the equal protection of the laws means the protection of equal laws. ..... article 14 of the constitution runs as follows: '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 has been said by the supreme court of america, 'equal protection of laws is a pledge of the protection of equal law' see -- 'yick wo v. ..... the following points, therefore, arise for determination: (1) what is the meaning of 'equality before the law or the equal protection of laws' as used in article 14 of the constitution? ..... legislature undoubtedly has a wide field of choice in determining and classifying the subject of its laws and if the law deals alike with all of a certain class it is normally not obnoxious to the charge of denial of equal protection; but the classification should never be arbitrary. .....

Badri Prasad Missir and anr. Vs. the State

Court : Kolkata

Reported in : AIR1953Cal394,57CWN350

..... 5(1), west bengal special courts act to the extent that it empowers the state government to direct any case to be tried by special courts was void as offending against the provision of the equal protection clause in article 14 of the constitution and this view was affirmed in appeal by a majority of this court. ..... mukherjee that there is any contravention of the fundamental right of the equal protection of the laws guaranteed by article 14 of the constitution, in the state of the existing law under the criminal procedure code, which enables the accused concerned in particular class of cases to be tried by ..... 'the state shall not deny to any person equality before the law or the equal protection of the laws within the territory of india. ..... (a) a full bench of this court was concerned with the question whether the west bengal special courts act (1950) violated the fundamental right as to the equal protection of the laws guaranteed by article 14 of the constitution. ..... power given to the state government by section 269(1) is not an arbitrary power and that exercise of that power by the state government does not constitute a breach of the fundamental right ,as to equal protection of the laws guaranteed by article 14 of the constitution. 6. mr. ..... persons committed to the court of sessions by jury and of other persons committed to the court of sessions with the aid of assessors constitutes a breach of article 14 relating to the equal protection of the laws within the territory of india. .....