Court : Madhya Pradesh
Reported in : AIR2005MP170; 2005(2)MPLJ353
..... it may be urged that in a progressive democracy such a recognition is sine qua non and the instant provision achieves it but, a pregnant and significant one, that the weaker sections have been protected at the level of the panchayat as per reservation of seats as is demonstrable from the provisions of the constitution and to put them in a further smaller group they have the latent potentiality as ..... , while dealing with the equal protection clause under article 14 of the ..... the united states; nor shall any state deprive any person of life, liberty or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.'74. ..... 'per se' amount to discrimination within the inhibition of the equal protection clause. ..... equal protection clause mandates that all ..... and constitutionality of clause (f) and the other provisions of the electoral laws impugned in these petitions are sought to be justified by the respondents on grounds that first, a perfect arithmetical equality of value of votes is not a constitutionally mandated imperative of democracy and, secondly, that even if the impugned provisions make a departure from the tolerance limits and the constitutionally permissible latitudes ..... while the object of article 15(4) is to advance the equality principle by providing for protective discrimination in favour of the weaker sections so that they may become stronger and be able to compete equally with others more fortunate, one can not also ignore the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1961MP282
..... laws operating in the different regions could not be unified overnight; that article 14 of the constitution was not violated by diversities of laws in the different regions of the state so long as there was equal protection of the laws to persons similarly placed in the same region; that the laws operating in different states included in the new state of madhya pradesh were continued in force after 1st november 1956 by the legislature ..... privileges and immunities of citizens of the united states: and does not deprive any person of his rights without due process of law, nor deny to any person the equal protection of the laws, including the equal right to resort to the appropriate courts for redress. ..... see whether the impugned provision which is discriminatory on the face of it is hit by article 14 which declares 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'. ..... the last restriction, as to the equal protection of the laws, is not violated by any diversity in the jurisdiction of the several courts as to subject-matter, amount or finality of decision, it' all persons within the territorial limits of their respective jurisdictions have an equal right, in like cases and under like circumstances ..... citizens of the united states, and does not deprive any person of his rights without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws in the same district'.10. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP193
..... again stated the principle thus:'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 ..... (6) if a law deals equally with members of a well-defined class, it is not obnoxious and it is not open to the charge of denial of equal protection on the ground that it has no ..... in these terms:'equal protection claims under that article (article 14) are examined with the presumption that the state action ..... where there are more than one applicant for a stage carriage permit over any route, routes or area, then other things being equal, a regional transport authority or the state transport authority, as the case may be, shall in deciding whether to grant or refuse a stage carriage permit, give preference to available unit.explanation: for the purpose of this rule ..... therefore, necessary to prescribe a limit to enable the transport authorities to make a suitable choice when all other things were equal.this cannot be said to effect a change in the policy in the sense understood in the case of rajnarain singh ..... it was, however, urged that the rule contravenes the intendment of the act, which is to provide equal opportunity to all the persons having the prescribed qualifications, and, therefore, by the impugned rule, the state government has, in effect introduced a change in policy which is beyond .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1964MP239; 1964CriLJ422; 1964MPLJ186
..... equal protection of the laws as guaranteed inarticle 14 of the constitution means a right to equal protection in similar circumstances in respect of privileges conferred as well as liabilities imposed by them. ..... 'therefore, under the equal protection clause, the problem is one of classification which means segregation in classes which has a systematic relation and postulates a rational basis. ..... 94) (supra), their lordships observed :'mere differentiation or inequality of treatment does not per se amount to discrimination within the inhibition of the equal protection clause. ..... purview of article 14 as any rule of substantive law and it is necessary that all litigants, who are similarly situated, are able to avail themselves of the same procedural rights for relief and for defence with like protection and without discrimination. ..... a procedural law is equally subject to these constitutional limitations as a substantive law. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1965MP160; 1965MPLJ188
..... ground that the provision contained in section 13 of the act enabling the government to exempt particular buildings from the operation of the act vested in them an unguided and arbitrary discretion which was unconstitutional as violative of the equal protection of the laws guaranteed by article 14 of the constitution. ..... on grounds not germane to the purpose for which the power was conferred, then the order itself would be bad as being one discriminatory of the tenant occupying the premises and as violating his fundamental right to equal protection of the laws. ..... guidance was afforded by the preamble and operative provisions of the madras act for the exercise of the discretionary power vested in government so as to render the impugned section, namely, section 13, not open to attack as a denial of the equal protection of the laws.11. ..... the reason why the posse^ion of the tenant whose term had expired was afforded statutory protection was his inability to secure alternative accommodation in which either to reside in the case of residential buildings or to cany on the business which he was carrying on in the case of non-residential buildings ..... the control of rents and the prevention of unreasonable eviction of tenants from residential and non-residential buildings, proceeded to say-'though the enactment thus conferred these rights on tenants, it was possible that the statutory protection could either have caused great hardship to a landlord or was the subject of abuse by the tenant himself. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP330
..... 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 law. ..... therefore, the tenants of the government or local authority or the board are not in need of such protection as the tenants of the private landlords are and this circumstance is a cogent basis for differentiation. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2004CriLJ62; 2003(4)MPHT78
..... it is well settled in law that mere differentiation does not per se amount to discrimination within the inhibition of the equal protection clause. ..... the principle of reasonableness, which legally as well as philosophically, is an essential element of equality or non- arbitrariness pervades article 14 like a brooding omnipresence.' 17. ..... union of india, (2001) 1 scc 68, wherein their lordships of the apex court have held that the indian constitution is wedded to the concept of equality which is the basic feature of the constitution. ..... either the parliament or the state legislature can not transgress the principles of equality enshrined in article 14 of the constitution. ..... article 14 strikes at arbitrariness in state action and ensures fairness and equality of treatment. ..... equality is the antithesis of arbitrariness and ex cathedra ipse dixit is the ally of demagogic authoritarianism. ..... it is equally well settled by the decisions of this court that article 14 condemns discrimination not only be a substantive law but also by a law of procedure.'18. ..... equality is a dynamic concept with many aspects and dimensions and it can not be imprisoned within traditional and doctrinaire limits. ....... .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1994)121CTR(MP)116; [1996]221ITR459(MP)
..... the equal protection of the laws provision in our constitution prohibits a discrimination by the state against its own citizens as well as to one in their favour in imposing the wealth-tax. ..... equal protection cannot be said to be denied by the statute which operates alike on all persons and property similarly situated or by proceedings for the assessment and collection of taxes which follows the course usually pursued in the state.12. ..... the legislature has jurisdiction and authority to classify property, trade, profession and events for imposition of tax equally and uniformly and as such the discretion exercised by the legislature cannot be challenged on the ground that it discriminates and infringes article 14 of the constitution of india. ..... the wealth-tax is uniform as it is equal upon all companies belonging to the described class upon which it is imposed, namely, the companies who are closely-held companies. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1985CriLJ1096
..... if the state deals equally with the members of a well defined class, it is not open to charge of denial of equal protection on the ground that it has no application to other persons. ..... it denies equal protection only when there is no reasonable basis for the differentiation. ..... the remissions granted to .those castes under the impugned order had no reasonable nexus with the advancement of these castes and is not protected under article 15(4).4. ..... other prisoners are entitled to be treated equally and to remissions given to prisoners belonging to scheduled castes and scheduled tribes. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1951CriLJ1533
..... 523 a 524 of the code deny to any person equality before the law or the equal protection of law, or infringe the fundamental right of citizens to acquire, hold* dispose of property, or are inconsistent with article 31. .....
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