Judgment Search Results Home > Cases Phrase: equal protection Court: orissa Page 1 of about 835 results (0.020 seconds)

NabIn Chandra Gantayet Vs. State of Orissa

Court : Orissa

Reported in : AIR1957Ori56; 23(1957)CLT67

..... no benefit from the act, but on this ground alone the act cannot be struck down as offending article 14, because the legislature did not intend primarily to legislate for tenants holding directly under government.so far as protection from eviction was concerned, there was no necessity to extend the act to such classes of tenants because their rights of cultivation were permanent and heritable as denned in exception 3 to section 2(1) (j) and they ..... of land which they are unable to cultivate personally and which are generally settled on produce rent with the bhagchassis who are the actual tillers of the soil, the tenants protection act doubtless gave those bhagchassis protection from eviction and also substantial reduction in the produce rent payable to their immediate landlord.but as the life of that act expired on the 15th april 1955 and there was ..... are not, by force of circumstances, placed on equal footing and the tenants of the government or the local authority or the board cannot therefore complain of any denial of equality before law or equal protection of the law'. ..... (ii) section 18 (d) and, (e) by excluding all lands held under a temporary lease under government, or under a grama sablia, from the operation of the act, caused unfair discrimination by giving no protection from eviction to bhagchassis who may be cultivating lands under such lessees, (iii) sub-section (1) of section 4 when construed along with sub-section (7) of that section had the effect of conferring only .....

Prasanna Kumar Das and ors. Vs. State of Orissa

Court : Orissa

Reported in : AIR1956Ori114

..... it is stated by burdick in his law of the american constitution that: 'the guarantee of equal protection cannot interfere with the 'police power' of the state to prescribe regulations to promote the health, peace, morals and good order of the people and to legislate so as to increase industries of the state, develop its ..... running east to west from the sea-shore and inland and in between the sand-hills are agricultural lands belonging to the petitioners and many others.these lands of the petitioners are protected from sand inundation by these sand-hills, which are the anabadl lands of the state and over which the petitioners acquired indefeasible customary right of easement, support and ..... the report of the flood committee of orissa of 1928 stated that an embankment known as bhograi embankment protects a considerable area situated in the left bank of the lowest reach of the river subarnarekha from floods in that area and that the northern portion of that embankmentties to the north bank of orissa coast canal ..... exercise of such powers the state has a wide discretion in determining what measures are necessary for its own protection and property to promote the safety, peace and good order of the people. ..... it is alleged in the affidavit that there is no indefeasible customary right of easement, support and protection to the sand-hills, that the anabadi lands which are not being leased out to any one, are being used by the state for the benefit of the people, that the problem of floods in .....

Justice Sachidananda Acharya and ors. Vs. Union of India (Uoi) and ors ...

Court : Orissa

Reported in : AIR1994Ori251; 78(1994)CLT1040; 1994(I)OLR353

..... it is too well settled that if an executive action violates the principles of equality before law or the equal protection of law, then such action is open to be challenged under article 14 of the constitution and when such challenge is made and the court comes to the conclusion that the executive action results in denial of equality before law, then the court can strike down such executive action being violative of article 14 ..... 23d of the act by an executive feat of the union government which is grossly discriminatory and unsupportable and the said executive decision must be held to be discriminatory and docs not stand the scrutiny of equal protection of law enshrined in article 14 of the constitution. ..... in other words, he contended that there has been no violation of the equality provision enshrined in article 14 of the constitution in the case in hand and, therefore, the executive decision providing facilities of medical treatment to the retired judges residing in the 15 cities and not providing the same to ..... in other words, among equals the law should be equal and should be equally administered and that the likes should ..... , equality is for equals, that is to say, those who are similarly circumstanced are entitled to an equal treatment ..... the doctrine of equality before law is a necessary corollary to the rule of law accepted by our constitution and one of the aspects of the rule of law is that every executive action, if it is to operate to the prejudice of any person, must be .....

Bishnu Charan Mukherjee and anr. Vs. State of Orissa

Court : Orissa

Reported in : AIR1952Ori11

..... greene', (1910) 216 us 400 it was observed;'while reasonable classification is permitted without doing violence to the equal protection of the laws, such classification must be based upon some real and substantial distinction, bearing a reasonable and just relation to the things in respect to which such classification is imposed; and classification cannot be arbitrarily made ..... so understood, it has been repeatedly held by the highest authority that equality of laws and equal protection of laws is consistent with classification having a reasonable and just relation to the subject of the ..... as has been laid down, the guarantee of equal protection of laws means the protection of equal laws applying alike to all in the same ..... the fundamental right guaranteed by, way of equality before the law or the equal protection of the laws has always been understood as not implying an identity of laws as regards all citizens in respect of any particular subject-matter of legislation, but as meaning only that the relevant law must operate equally as regards all persons in the same situation with reference to the subject-matter of the particular ..... says 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. ..... it is however necessary to remember that in applying the principle of equal protection of laws which, as already above stated, permits reasonable classification is not all-embracing, (sic) having regard to the reason .....

Ajit Kumar Routray Vs. State of Orissa and ors.

Court : Orissa

..... the year 2013-14 and on the other hand debarring renewal of all other existing country spirit shops for the entire year 2013-14 is illegal, 18 contrary to the principle of equality, procedural discrimination, unreasonable classification, test of principle of equal protection of law that is the right to equal treatment to similar circumstances since out still and c.s. ..... stated above are summarized below:(i) the state should allow participants to take help of internet facility at nic available at each district headquarters; (ii) clause-(vi) (a) and (c) of the impugned order asking solvency certificate equal to no.less than 12 times of the reserve price to qualify for participation in e-auction despite the fact that the licensee have already furnished the solvency certificate 3 times of the monthly consideration money; (iii ..... the nonrefundable application fee and solvency certificate for three times of monthly consideration money for the year 2013-14, there is no reason to ask to furnish solvency certificate again equal to no.less than 12 times of the reserve price by the petitioner for each shop as per para (vi) (a) and (c) of the order to qualify for participation in e-auction ..... no.against introduction of eauction for the purpose of settlement of exclusive privilege in favour of successful bidders, but while doing so, the state may make appropriate rules and regulations to protect the interest of small traders of good character with independent means who manage their own shop(s). .....

Batahari Jena and anr. Vs. State of Orissa and anr.

Court : Orissa

Reported in : AIR1968Ori44; (1969)ILLJ408Ori

..... is treatment in a manner prejudicial as compared with another person similarly circumstanced by the adoption of a law, substantive or procedural, different from the one applicable to that other person'.or in other words as again observed in that verv authority that,'equal protection of the law 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. ..... retirement the one prejudicial to the petitioner having been adopted, the order of the government calling upon the petitioner to retire with effect from the date as given therein is void as thereby the equal protection clause of the constitution was violated.o. j. ..... directing his premature compulsory retirement under paragraph 3 of the resolution which is, as between the two, more stringent and onerous against the petitioner, practised discrimination and in that way he was deprived of the guarantee of equal protection of the laws. ..... of the legislature to make a distinction between persons or transactions based on a real differentia is not taken away by the equal protection clause.'23. ..... far as the procedure laid down in either of the two provisions is concerned, that is the same, namely, 3 months' previous notice in writing.therefore it cannot be said that the protection given in the matter of procedure under one provision is more drastic and prejudicial than the procedure given in the other provision. .....

Bidyadhar Bhuyan Vs. State of Orissa and ors.

Court : Orissa

Reported in : 1995(II)OLR655

..... constitution guarantees to all persons equality before the law and the equal protection of the laws. ..... we do not find that paragraph 2 of the impugned resolution indicating the cut-off date as 7-6-1994 is in any way repugnant to the constitutional provisions and/or protection of equality under article 14 of the constitution.45. ..... date of increment :as the teachers are entitled to salary in the scales of pay applicable to their counterparts in the state government, their pay shall be protected on their coming over to government service without any change in the date of increment.2. 3. ..... will have any better right to override the statutory protection as the petitioners are found to be entitled at ..... both the teachers of taken over schools and other government schools should get equal benefits in the matters of salary, leave, gratuity, pension and temporary increments ..... while the petitioners are protected under the statutory rules as to their period of superannuation up to completion of sixty years of age, the same cannot be curtailed and the option form though signed by the petitioners cannot immune them from ..... under the constitution, protection against impairment of the guarantee of fundamental right is determined by the nature of right, interest of the aggrieved party and the degree of harm ..... resolution as to the age of superannuation which reduces the age of superannuation by two years and provides other consequences is found to be unjust and in violation of the constitutional protection. .....

Lokanath Misra Vs. State of Orissa and anr.

Court : Orissa

Reported in : AIR1952Ori42

..... that the subsidiary act was discriminatory in favour of the company & that it denied to the petitioners equality before law and equal protection of the laws guaranteed by article 14. ..... this clause sums up the law as prevailing in the united states in regard to it in these words :'meaning & effect of the guaranty -- the guaranty of the equal protection of the laws means the protection of equal laws. ..... to article 38 & clauses (b) & (c) of article 39 which run thus:'article 38: the state shall strive to promote the welfare of the people by securing & protecting as effectively as it may a social order in which justice, social, economic & political, shall inform all the institutions of the national life. ..... person to practise a profession, to carry on a particular business, or to make a particular use of property, is not contract, but merely the grant of a privilege which is not protected from revocation or impairment by the contract clause of the constitution.... ..... doubtless the aforesaid passage refers to on-tractual obligations but the principles are equally applicable when the question of liability for payment of compensation for compulsory ..... phrasing of the law & the practical operation of the law a reasonable relation to the public need its comfort, health, safety & protection, then such act is constitutional...... ..... necessarily vested in the legislature to determine not only what the interests of the public require but what measures are necessary for the protection of such interests. .....

K.S. Vasudevan Vs. State of Orissa

Court : Orissa

Reported in : AIR1963Ori107; [1963]14STC220(Orissa)

..... taxing statutes; the provision for classification in rule 65 has no relation with the object of the act which is to tax on gross turnover of sales : the classification made by rule 65 denies the dealer the equal protection of laws assured by the constitution.the dealer submits that sales tax is on gross sales, not on gross collections from vendees; as a general proposition increased volume of sales results in increased profits and increased ability ..... grounds and that every state of facts, sufficient to sustain a classification which can reasonably be conceived of as having existed when the law was adopted, will be assumed.the requirements as to equal protection of laws do not forbid legislative classification provided such classification rests on some difference germane to the purpose of statute. ..... no doubt that the tax is on sales, but it is not necessary for equal protection before the law that every business man, regardless of the financial extent of his business, must be taxed alike.a somewhat similar question arose under the bombay ..... considerable latitude in making classification but they must also satisfy the test of equal protection and are liable to be struck down if they do not. ..... whether or not in such a back-ground the sales tax act read with rule 65, providing for graduated rate of calculation, taxes sales in an equal and arbitrary way, classifying them for the imposition of different rates without reference to any real or substantial distinction, as the dealer insists. .....

Mrs.Rutuparna Mohanty and ors. Vs. State of Orissa and ors.

Court : Orissa

..... state shall not deny to any person equality before the law or the equal protection of the laws within the territory of ..... more such programmes must be initiated if the theory of equal protection of laws has to take its rightful place in the struggle for equality. ..... inserted by the 42 nd constitutional amendment and thereafter correspondingly article 38 was suitably amended, to the effect that the 'state shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life. ..... order for the promotion of welfare of the people- (1) the state shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice social, economic and political, shall inform all the institutions of the national ..... amendment, section 39-a was inserted to render social justice and free legal aid by the state in the operation of the legal system to promote justice on the basis of equal opportunity by suitable legislation or schemes and to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. ..... the cmc shall also take steps for protection of child rights and prohibition of child labour as envisaged in section 503 of the act which says that the corporation shall be an active partner in the implementation of the international convention on .....