Court : Mumbai
Reported in : (2000)102BOMLR390
..... well settled, and we will refer to a few decisions in that behalf, that 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 application to other persons outside that class. ..... page 349 of the report, the apex court observed that equality before the law or the equal protection of laws did not mean identity or abstract symmetry of ..... make a distinction between criminals or persons having criminal background as against other law abiding persons are hit by the mandate of article 14, which reads as under:-the state shall not deny to any person equality before the law or the equal protection of the laws within the territory of india.45. ..... it is well settled that since the guarantee of equal protection embraces the entire realm of state action; it would extend not only when an individual is discriminated against in the matter of imposing liabilities upon him but also in the matter of ..... not find anything in guideline 4 which would violate the guarantee of equal protection of law enshrined under article 14. ..... 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 application to ..... state of arunachal pradesh that the apex court observed that our country was governed by rule of law and every person was entitled to equality before law and equal protection of laws. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(4)ALLMR663; (2008)110BOMLR1730
..... ct.18 (1883) 'embedded in our constitutional law' the principal' that the action inhibited by the first section (equal protection clause) of the fourteenth amendment is only such action as may fairly be said to be that of the ..... claiming violation of his rights under the equal protection clause of the fourteenth amendment of the constitution of united states, the plaintiff instituted an action for declaration ..... is of no consolation to an individual denied the equal protection of the laws that it was done in good ..... 14 does is to guarantee that right by an injunction to the state not to deny equality before the law or the equal protection of the laws. ..... now, because of a series of well-known judgments of the supreme court it can be safely taken as a settled law that in the early stages of the evolution of constitution, principles of equality contained in article 14 came to be identified with the doctrine of classification because the view taken was that that article forbids discrimination and there would be no discrimination where the classification making the differentia ..... an instrumentality of the state, and whether even if it is not an instrumentality of the state, its action can be judged on the touch-stone of the equality clause, because it is performing public function, it will be convenient and proper first to consider the question of the validity of the action of the respondent no. ..... legal right is the human right to be protected from arbitrary, unreasonable and unjust action. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2002Bom65; 2002(2)BomCR300; 2002(2)MhLj305
..... it was held :'when local economic regulation is challenged solely as violating the equal protection clause, this court consistently defers to legislative determinations as to the desirability of particular statutory discriminations ..... been devised which is free from all discriminatory impact and that in such a complex arena in which no perfect alternatives exist, the court does well not to impose too rigorous a standard of criticism, under the equal protection clause reviewing fiscal devices'.34. ..... not covered by the legislature would not render the legislation which has been enacted in any manner discriminatory and violative of the fundamental right guaranteed by article 14 unless it is palpably arbitrary or amounts to total denial of equal protection laws, (see sakhawant all v. ..... order to strike a balance between the interests of landlords and tenants and for giving a boost to house building activity and in doing so the legislature in its wisdom has decided and thought it fit not to extend the protection of the rent act to certain class of tenants like multinationals scheduled banks, public sector undertakings and private and public limited companies having share capital of more than rs. ..... it is already seen from the statement of objects and reasons that the object of the act is not merely, to protect tenants but also to provide fair returns to the landlords and to encourage housing activity so as to augment rental housing in the form of construction of buildings and letting them .....
Tag this Judgment!Court : Mumbai
Reported in : 2010(1)BomCR277
..... not reasonable classification for the purpose of legislation or for the purpose of adoption of a policy of the legislature or the author of the policy takes care to reasonably classify persons for achieving the purpose of policy and it deals equally with all persons belonging to well-defined class, it is not open to the charge of denial of equal protection on the ground that the new policy does not apply to other persons. ..... if the law or the practice 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 application to other persons. ..... it denies equal protection only when there is no reasonable basis for differentiation. ..... the principle of equality enshrined in article 14 of the constitution does not take away from the state or its instrumentality the power of classifying persons for legitimate purpose. ..... this differentiation cannot be condemned as violative of the rule of equality. .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(5)BomCR481; 2000BomCR(Cri)481; (2000)2BOMLR425
..... based on article 14 that denial of armed police protection to a person having criminal background is violative of the guarantee of equal protection of laws enshrined in article 14 of the constitution. ..... must first indicate that in the light of our conclusions on the first two questions in arun gavli's case, we have no doubt in our mind, that the grant of armed police protection to the petitioner under the orders dated 2nd september, 1998 and 16th april, 1999 was wholly arbitrary and, to say the least, the minister concerned had not applied his mind even ..... 1998 and 16th april, 1999 were in violation of the circular dated 9th august, 1990 as amended on 12th may, 1997 and that, on merits, the petitioner was not entitled to any police protection and hence the deputy commissioner of police was justified in refusing to comply with the orders passed by the state government on 2nd september, 1998 and 16th april, 1999. ..... reference in the relevant portion of the said affidavits that while considering the application dated 31st august, 1998, made by the petitioner for grant of police protection, the government examined the matter in the light of the relevant guidelines contained in the circular dated 9th august, 1990 as amended on 12th may, ..... when the petition was taken up for hearing on 26th june, 1999, it transpired that two orders passed earlier granting police protection to the petitioner, namely, orders dated (i) 2nd september, 1998 and (ii) 16th april, 1999, were cancelled by the state .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(6)BomCR14; (2008)110BOMLR3445
..... (e) of paragraph 5 cannot be held to be bad on the ground of class legislation but the passing of an order under the sub-clause on the footing of creating a monopoly in favour of co-operative society will amount to discrimination and denial of the guarantee of equal protection of law. ..... the state as trustees on behalf of the public is entitled to impose all such limitations on the character and extent of the user as may be requisite for protecting the rights of the public generally but subject to such limitations the right of a citizen to carry on business in transport vehicles on public pathways cannot be denied to him on the ground that the state owns the highways. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1968Bom229; (1967)69BOMLR656
..... . but the validity of a statute is subject to judicial scrutiny in the context of fundamental freedoms guaranteed to employers as well as employees and the freedom of equal protection of the laws becomes chimerical, if the only ground in support of the validity of a statute ex facie discriminatory is that parliament intended inconsistently with the very concept of bonus evolved by it to maintain for the benefit of labour an advantage ..... . it was in this context that the supreme court observed that the due process and equal protection clauses of the 14th amendment did not impose upon a state any rigid rule of equality of taxation and that inequalities which result from the singling out of one particular class for taxation or exemption infringe no constitutional ..... whether the said proviso was invalid upon its face, and the supreme court held that the proviso was not so arbitrary and unreasonable on its face as to violate the due process and equal protection clauses of the 14th amendment of the american constitution ..... mehta with a view to show that a statute taxing railways at a uniform rate of 350 dollars per mile was held by the federal supreme court to be not violative of the equal protection clause of the 14th amendment of the american constitution ..... was held that the assessment for taxation of all the coal lands at the same sum per acre, notwithstanding differences in their actual or market value, violated the equal protection clause of the 14th amendment of the american constitution .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1977Bom99
..... as follows; (para 477)'the learned counsel for the election petitioner contended that, as a candidate at an election, the prime minister and the ordinary candidate should enjoy equal protection of the laws and should be afforded equal facilities irrespective of the office occupied by one of two or more candidates. ..... of the law on the basis as to whether it satisfies the equal protection as well equality of status contemplated by the basic principles of constitutional theory.26. ..... of agrarian reforms, even if these enactments may be treated to be the statutes regarding the agrarian reform, they do not satisfy the test of the second proviso to article 31-a of the constitution, article 31-a of the constitution protects the laws relating to agrarian reforms from challenges based on articles 14, 19 and 31 of the constitution and it is urged is a fetter on the legislative power as contemplated by article 245 of the constitution, it is submitted ..... based on equality of status and equal protection of laws ..... that the 'rule of law' argument like the 'basic feature' argument is intractable; the emergency provisions contained in part xviii of the constitution which are designed to protect the security of the state are as important as any other provisions of the constitution and that the true construction and effect of article 359(1) does not violate the rule of law,89. ..... rights are declared as in article 14--equality before law or article 29 (1)--protection of interests of minorities or article 31 -- .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1966Bom54; (1965)67BOMLR544
..... of the 14th amendment to the american federal constitution which enjoins that no state shall 'deny to any persons within the jurisdiction the equal protection of the law' there can therefore be no doubt or dispute that this arise is no founded on a sound public policy recognized and valued in all civilized states'after referring to the definition of the 'the state' in article 12 his, lordship ..... here 'the state' which includes its income - tax departments has by an illegal order denied to the petitioners as comported with other bidi merchants who are similarly situate, equality before the law or the equal protection, of the law and the petitioners can legitimately complain of an infraction of his fundamental right under article 14 of the constitution'it is true clear that the protection given by the whether executive to all discriminatory action, whether executive or legislative. ..... article 14 lays down that the state shall not deny to any persons equality before the law or the equal protection of the law within the territory of india. ..... sorabjee to show that the equal protection clause of the 14th amendment to the american constitution gave protection of against the legislative as well as executive discrimination. ..... equal protection of the law has been constructed to mean that the protection of equal laws legislation and arbitrary classification. ..... art 14 guarantees equality before the law and equal protection of the laws. .....
Tag this Judgment!Court : Mumbai
Reported in : (1967)69BOMLR326; 1967MhLJ694
..... similarity, not identity of treatment, is enough.after referring to this passage and pointing out that article 14 of the constitution corresponds to the 'equal protection' clause in the 14th amendment in the american constitution, the supreme court heldit 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 ..... chagla's plea that the provisions of the repealing act amount to a denial of equality before the law or the equal protection of the laws, guaranteed by the article 14 of the constitution, was based on a comparison of one of the provisions of the repealing act with the corresponding provision of two other bombay acts by which ..... of the constitution have been expounded and interpreted in several cases by the supreme court of india and so far as the meaning of the key phrases in the article 'equality before the law' or the 'equal protection of the laws' are concerned, there is no doubt or difficulty. ..... 877):the guarantee of the equal protection of the laws means the protection of equal jaws, it forbids glass legislation, but does not forbid classification which rests ..... 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. .....
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