Court : Punjab and Haryana
Reported in : (1990)97PLR426; [1990]76STC283(P& H)
..... the supreme court has formulated two tests which must be satisfied in order that the classification made by a legislature may be upheld by the court as reasonable classification coinciding with the guarantee of equal protection in article 14 :(i) that the classification must be founded on intelligible differentia which distinguishes persons or things that are grouped together from others left out of this group 5 and(ii) that the differentia must have a rational relation to ..... when a law is challenged as offending against equal protection of article 14, the question for determination by the court is not whether it has resulted in inequality but whether there is some difference which bears a just and reasonable relation to the object of the legislation. ..... it is well-settled that equal protection provided by article 14 does not insist that the legislative classification should be scientifically perfect or logically complete. ..... mere differentiation or inequality of treatment does not per se amount to discrimination within the inhibition of equal protection of laws. ..... our conclusions regarding the provisions of section 59 equally apply to the provisions of section 9(2) of the central act and section 11(6) of the punjab general sales tax act.24. ..... some other equally weighty points, though raised, were not even noticed. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1952P& H309
..... judicial decision with which no tribunal other than a regularly constituted court could be empowered to deal and that the constitution of special tribunals under the act is open to the charge of the denial of equal protection on the ground that the act discriminates against 'abducted persons' falling within section 2(1), (a) of the act by denying to them the procedural ..... as stated by professor willis in the passage cited above the guarantee of the equal protection of the laws does not prohibit legislation, which is limited either in the objects to which it is directed or by the territory within which ..... constitution provides 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. ..... with the provisions of article 14 on the ground that the state has denied to abducted persons equality before the law or the equal protection of the laws within the territory of india?5. ..... 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. ..... equal protection of the laws means the protection of equal ..... is impugned on the ground that the constitution of special tribunals for the determination of the questions arising under that section does not conform with the guarantee of the equal protection of the laws given by article 14. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1953P& H30
..... . the consequences of such classification would undoubtedly be to differentiate the persons belonging to that class from others, but that by itself would not make the legislation obnoxious to the equal protection clause.the legislature is given the utmost latitude in making the classification but it is only when there is palpable abuse of power and the differences made have no rational relation to the objectives of the regulations, ..... dealt with this point at page 932 of the report where he said--'the inhibition of the article that the state shall not deny to any person equality before the law or the equal protection of the laws was designed to protect all persons against legislative discrimination amongst equals and to prevent any person or class of persons from being singled out as a special subject for discriminating and hostile legislation ..... . dealing with article 14 of the constitution it has been held in this 'sholapur case' that article 14 guarantees to all persons equality before the law or the equal protection of the laws and its entire object is to prevent any person or class of persons from being singled out as a special subject of ..... . the varying needs of different classes of persons often require separate treatment and it is, therefore, established by judicial decisions that the equal protection clause of the fourteenth amendment of the american constitution does not take away from the state the power to classify persons for legislative purposes.this classification may be on .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2003)133PLR65
..... if the legislature takes care of reasonably classify persons for legislative purposes and it deals equally with all persons belonging to a well-defined class, it is not open to the charge of denial of equal protection on the ground that the law does not apply to other persons. ..... there appears to be no reasonable classification between the persons who were released on compassionate grounds and those who were released on other grounds and in this respect the petitioners have been deprived of the equal opportunity. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1969P& H305
..... in short, it was held that the guarantee of equal protection of the laws must extend even to taxing statutes. ..... the only cases in which the equal protection of laws was held to be violated were those in which the same class of property similarly situated is subject to an incidence of taxation which results in inequality. ..... in the state and the grievance of the petitioner about all the tempo-holders being treated like truck-owners in the matter of taxation can hardly form the subject-matter of attack on the ground of violation of equal protection of laws. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1956P& H148; [1956]29ITR330(P& H)
..... a review of all the authorities therefore shows: (1) that in order that a statute is unconstitutional and contravenes the equal protection clause it must be shown that as a result of that statute the person affected by it will be subjected to a different treatment in the matter of procedure, remedies available and punitory consequences; (2) that it ..... it was held: 'the unlawful administration by state officers of a state statute fair on its face resulting in its unequal application to those who are entitled be treated alike, is not a denial of the equal protection of the law as guaranteed by the fourteenth amendment unless there is shown to be present in it an element of intentional or purposeful discrimination'. ..... depend on the facts and circumstances of each particular case and what may superficially appear to be an unequal application of the law may not necessarily amount to a denial of equal protection of law unless there is shown to be present in it an element of intentional and purposeful discrimination. ..... it was held that it could not be said necessarily to deny the equal protection of the laws merely because such general ordinance had not been enforced against such other companies in the same manner that it was proposed to ..... justice mc-reynolds said: 'the purpose of the equal protection clause of the 14th amendment is to secure every person within the state's jurisdiction against intentional and arbitrary discrimination, whether occasioned by express terms of a statute or by .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1957P& H110; 1957CriLJ659
..... , and the government has been given the absolute discretion to make a decision in this respect, therefore if any disadvantage attaches to one kind of trial, the person aggrieved may genuinely complain that he has been denied equal protection of the laws in that there is no basis for classification (and the government has been given the discretion to choose) but would be .subjected to a more disadvantageous procedure. 9. ..... trial under the prevention of corruption act entails certain disadvantages which result in the denial of equal protection of the laws, and therefore the relevant provision of the act offends against article 14 of the constitution. ..... therefore there is no real difference, and in any event a person who is being tried under the prevention of corruption act cannot have any grievance and cannot complain that he has been denied equal protection of laws by being subjected to a harsher treatment under the special law. 13. ..... the advantages against a single disadvantage, it seems to me that the scales incline slightly in favour of advantages and it therefore cannot be said that a person tried under the prevention of corruption act for an offence defined in section 5(1)(c) is denied equal protection of the laws. ..... , was valid despite the existence of section 5 of the prevention of corruption act because the charge under section 409 indian penal code, did not involve any disabilities or disadvantages which would be construed into a denial of equal protection of the laws. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1957P& H45
..... and must rest upon some ground of difference which bears a just or proper relation to the attempted classification so that all persons similarly circumstanced shall be treated alike.the essence of the constitutional right of equal protection of the laws is that every one is entitled to stand before the law on equal terms with, to enjoy the same rights and privileges as are' enjoyed by, and to bear the same burden as are imposed upon, others in a like situation. ..... (l); and provisions and statutes establishing one system of laws in courts in one portion of the territory of the state different from that in the remaining portion is not in violation of the provision, relating to the equal protection of the law bowman v. ..... the objection that the act of 1954 is obnoxious to the provisions of article 19 is equally futile, for although every citizen of india is at liberty to pursue a lawful calling of his own choosing, this right is subject to the paramount right of the state to impose such reasonable restrictions as the protection of the public may require.the constitution does not confer unfettered discretion on any person to conduct a business so as to injure the public at large or any substantial group ..... all that is necessary is that the laws shall operate with substantial equality and uniformity on all persons and classes similarly situated within the territory to when they apply.a law is not void or inoperative because certain areas are included while others are omitted from the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1962P& H398
..... (4) article 14 of the constitution provides that the state shall not deny to any person equality before the law or the equal protection of law within the territory of india. ..... 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 of equal protection of the law. ..... therefore, the tenants of the 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. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1969P& H98
..... ram kali, 1968-70 pun lr 261 = (air 1968 sc 1), their lordships of the supreme court observed as follows:-the inhibition of article 14 that the state shall not deny to any person equality before the law or the equal protection ;of the laws was designed to protect all persons against discrimination by the state amongst equals and to prevent any person or class of persons from being singled out as a special subject for discrimination and hostile treatment. ..... if law deals equally with all of a certain 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, for the class for whom the law has been made is different from other persons and, therefore, there is no discrimination against equals. .....
Tag this Judgment!