Court : Rajasthan
Reported in : AIR1953Raj22
..... 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 ..... 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 ..... but, in any case, where such laws which deny to any person equality before the law or the equal protection of the laws come up for consideration, the matter whether the particular law is valid or otherwise would have to be decided in each case after taking into consideration the question whether their separate existence ..... 400 supra: '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 classificationis imposed: and the classification ..... discrimination as between jagirdars and jagirdars and the jagirdars of the area covered by the former state of rajasthan were denied equality before the law and the equal protection of the laws in view of the continuance of these ordinances. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1981WLN701
..... crackdown' & 'mass sacking' of university lecturers (temporary) on change of ruling party by issuing the governors ordinance, whether offends the equal protection clause, is the billion dollar question, raised under the banner of discrimination between 'pre-emergency' and 'post-emergency' appointees by ..... comparative study of the constitutions of the word would show that in some form or the other equal protection clause of equality before law has been given bright place in all constitutions of the world written or unwritten.indian ..... of emergency sought to be used by the governor in promulgating this ordinance for debarring the teachers in temporary employment of universities from their getting benefit of screening and regularisation is outrageous and violative of the equal protection clause and violently offends against the guarantee of equality before law and opportunity in appointments provided by articles 14 and 16 of the constitution of india. ..... in substituting the doctrine of classification for the doctrine of equality: the fundamental right to equality before the law and equal protection of the laws may be replaced by the overworked methodology ..... discriminatory provision cannot be allowed to stand in view of articles 14 and 16 of the constitution, wherein the founding fathers and the constitutional pandits, gave to this country the guarantee of equal protection of laws and equality before law and equal opportunity in appointments, enshrined in part iii of the constitution.47. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1954Raj65
..... was a discriminatory piece of legislation can shortly be disposed of by reference to the above cited case of -- '(1918) 249 us 152 (o)', in which it has been held that 'the equal protection clause does not require what state laws shall cover the entire field of proper legislation in a single enactment.' 84. ..... the finding of the lower court that there were grounds for classification the above observations were made in disposing of the above contention and it was further observed that 'the equal protection clause does not require that state laws shall cover the entire field of proper legislation in a single enactment. ..... secondly, it is urged that the two acts violated the principle of equal protection of the laws enshrined in article 14 of the constitution and discriminated in favour of tenants ..... , texas workmen's compensation act was in conflict with the equal protection provision of the 14th amendment inasmuch as employees of the excepted classes only were entitled to certain privileges which were not available to employee of non-excepted classes and that this was so without ..... to the argument based on article 14 of the constitution- that article 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. ..... that was, however, clearly a case hit by the equal protection clause, for the act impugned in that case provided that it would not apply to agricultural products or live stock while in the hands of the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2002Raj33; 2001(3)WLC199; 2001(3)WLN632
..... the state shall not deny to any person equality before the law or equal protection of the laws within the territory of india.article 16. ..... article 14 of the 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. ..... the supreme court has also refused to interfere with the termination as being arbitrary on the ground that their appointments were equally arbitrary for want of any guidelines in the manual but since in the instant case, the procedure of appointment is under challenge on the ground of non-advertisement. ..... likewise, the constitution of india nowhere provides that there must be equal distribution of works and equal opportunity to seek work and compete for the persons like the petitioners, namely, the advocates. ..... (f) the constitution of india nowhere provides that there must be equal distribution of works and equal opportunity to seek work and compete, for the persons like the petitioners i.e. ..... clauses (3) to (5) however, lay down exceptions to the above rule of equal opportunity.thus, in our opinion the application of article 16 in the case of appointment of judges does not arise.since doubts have arisen about the interpretation of law laid down by the supreme court in regard to the principles ..... article 16(1) of the constitution provides that there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the state. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1998CriLJ612; 1998(1)WLC90; 1997(2)WLN375
..... the second part which is a corollary of the first and is based on the last clause of the first section of the fourteenth amendment of the american constitution, enjoins that equal protection shall be secured to all such persons in the enjoyment of their rights and liberties without discrimination or favouritism ..... this power, no doubt, in some degree is likely to produce some inequality but if a law deals with the liberties of a number of well-defined classes, it is not open to the charge of denial of equal protection on the ground that it has no application to other persons ..... . the constitutional command to the state to afford equal protection of its laws sets a goal not attainable by the invention and application of a precise ..... if the administrative body proceeds to classify persons or things on a basis which has no rational relation to the objective of the legislature, its action can be annulled as offending against the equal protection clause ..... . it is a pledge of the protection of equal laws that is laws that operate alike on all persons under like circumstances ..... the first part of article 14, which was adopted from the irish constitution, is a declaration of equality of the civil rights of all persons within the territories of india ..... 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.22 .....
Tag this Judgment!Court : Rajasthan
Reported in : [2003]131STC176(Raj); 2003(1)WLN281
..... though legislature is free to select the objects and there is no violation of the equal protection clause merely because other objects could have been but are not taxed by the ..... completely and definitely accrued to or settled in a person that they are not subject to be defeated or cancelled by the act of any other private person, and which it is right and equitable that the government should recognise and protect, as being lawful in themselves, and settled according to the then current rules of law, and of which the individual could not be deprived arbitrarily without injustice, or of which he could not justly be deprived otherwise than by ..... law is no exception to the doctrine of equal protection of laws and inhibition against arbitrariness and ..... -general has informed that the scheme itself had been abandoned vide notification dated january 19, 2001 ; however, it has protected the interest of the industrial units which had already been conferred benefits. ..... cannot be interfered with by retrospective laws ; interests which it is proper for state to recognise and protect and of which individual cannot be deprived arbitrarily without injustice..................................... ..... . one of the basic principle of equality before law is inhibition against classification not founded on grounds having rational nexus with objects sought ..... . equality before law, which ensures every state action to be free from arbitrariness and unreasonableness, finds place in article 14 of the part iii .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1953Raj158
..... order of the deputy commissioner, customs and excise, jaipur division, is clearly without jurisdiction, and the provisions of section 48 of the matsya ordinance clearly offended against the constitutional provisions of article 14 relating to fundamental rights of equal protection of law and equality before the laws, this court would not be justified in dismissing the application on this ground alone, as even if the suit is filed, the civil court will be bound to refer the case under section 113 ..... in my opinion, section 43 of * the matsya ordinance offends against the fundamental rights of equal protection of laws and equality before the laws enshrined in article 14 of the constitution, and is, therefore, void under article 13. ..... , went to the length of holding that the whole of the act was 'ultra vires' the constitution of india, as it offended against the equal protection of laws guaranteed by article 14 of the constitution.dealing with the case, his lordship mahajan j. ..... to the principles given above, the principle of equality does not mean that every law must have universal application for all persons who are not by nature, attainment or circumstances in the same position, and the varying needs of different classes of persons often require separate treatment, and 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 .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1954Raj197
..... requirement, then the differentiation which the legislation makes between the class of persons or things towhich, it applies and other persons or things left outside the purview of the legislation cannot be regarded as a denial of the equal protection of the law, for, if the legislation were all-embracing in its scope, no question could arise of classification being based on intelligible differentia having a reasonable relation to the legislative purpose. ..... these cases were considered in -- 'kedar nath bajoria's case (c)', and the following principles were laid down at page 406 by the majority:'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 and classifying persons ..... for, in either case, the discretion to make the selection is a guided and controlled discretion and not an absolute or unfettered one and is equally liable to be abused, but as has been pointed out, if it be shown in any given case that the discretion has been exercised in disregard of the standard or contrary to the declared policy and object of the legislation, ..... there was a preamble in the bill in these terms:'whereas, with a view to protecting tenants from rack-renting on the part of land-holders, it is expedient to prescribe the maximum extent of cash rents recoverable on account of agricultural lands .....
Tag this Judgment!Court : Rajasthan
Reported in : 1968WLN145
..... it is true, a legislation winch does not contain any provision which is directly discriminatory may yet offend against the guarantee of equal protection, it confers upon the executive or the administrative authority an unguided or uncontrolled discretionary powers in the matter of application of law then such a provision may be taken to be violative of article 14 of the constitution the question, hower, is whether the impugned ..... selection the committee shall consider the cases of the persons eligible for promotion by examining their confidential rolls and personal files, interviewing such of them as they deem necessary and shall select a number of candidate equal to the number of vacancies likely to be filled by promotion by seniority-cum-merit:provided, that government may fill a vancancy in the senior scale or selection grade posts temporarily by appointing here to for a period not exceeding six months .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1962Raj24
..... clear conclusion we have come to on this aspect of the case, we do not consider it necessary to enter upon a derailed examination of the submission made on behalf of the petitioners that section 23(5) is bad on the ground of its being violative of the principle of equal protection of laws enshrined in article 14 of the constitution, and we have no desire to make a considered pronouncement on this point ..... concerned to raise objections to them, and yet enables the government to claim an irrebuttable presumption in their favour that the rules have been duly made and that this would amount to a denial of the principle of the equal protection of laws enshrined in article 14 of the constitution. ..... singh, air 1957 all 307 wherein another learned single judge held, where octroi duty had been enhanced and was sought to be protected under section 135 of the u.p. ..... for all the reasons mentioned above therefore it was equally strenuously contended on behalf of the state that the grievance raised by the petitioners was without any substance, and the writ applications deserved to be dismissed.4. .....
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