Court : Supreme Court of India
Reported in : AIR2004SC1950; [2004(101)FLR198]; JT2004(3)SC510; (2004)IILLJ356SC; 2004(3)SCALE187; (2004)11SCC526; 2004(2)SLJ465(SC)
..... 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 journalist and the persons working in the newspaper establishments form as much integral part of freedom of press as the establishment itself and it is to promote and protect the journalist and other employees of newspaper establishments who also form the bed rock of freedom of speech and expression that the benefit of provident fund to even those who draw higher pay has been ..... : [1986]2scr596 again is a decision in which a provision of the rent act exempting from protection of the act residential buildings paying monthly rent exceeding rs. ..... there were also two class of tenants as well - one having the protection of the remedial provision of the rent act and the other not having such protection. ..... to grant only a temporary benefit having regard to the prevailing conditions but were continued for long number of years without review of change of conditions and as purpose had been achieved, the provisions were held to be violative of equality clause. ..... : (1961)illj339sc , and one of the questions was about violation of equality clause. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC1252; 1973LabIC920; (1973)ILLJ119SC; (1973)1SCC461; [1973]3SCR158; 1973(5)LC523(SC)
..... the entire material on record, that as he was not found efficient and suitable by the appointing authority, namely, the commissioner, he was not allowed to continue beyond 55 years of age and that there was no discrimination or denial of equal protection of law nor any infringement of any legal right of the petitioner. 12. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1981SC2030; 1981(3)SCALE1413; (1981)4SCC471
..... 5 of the control order, 1961, cannot be held to be bad on the ground of class legislation, but the passing of an order under the sub-clause for a purpose not contemplated by it will amount to discrimination and denial of the guarantee of equal protection of the law.14. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1996SC767; I(1996)BC286(SC); 1996(1)CTC235; JT1995(8)SC305; 1995(6)SCALE589; (1996)1SCC345; [1995]Supp5SCR551; 1996(1)LC612(SC)
..... that in such a complex area in which no fool proof device exists, the court should be slow in imposing strict and rigorous standard of scrutiny by reason of which all local fiscal schemes may be subjected to criticism under the equal protection clause. ..... marco, the author of the 'first principles of public finance' page 33, 'the fee must be equal in the aggregate to the cost of production of the services. ..... that is the aggregate amount of the fees which the state collects from individual customers must equal the aggregate expenses of production. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC1202; (1974)1SCC628; [1974]2SCR731
..... for the foregoing reasons, we hold that the impugned modifications (i), (ii) and (iii) suffer from the vice of discrimination and as such, contravene the guarantee of equal protection of laws enshrined in article 14 of the constitution.32. ..... if the existence of two acts could enable the state to give one owner different treatment from another equally situated the owner who is discriminated against, can claim the protection of article 14.19. ..... for or by an improvement trust or municipal corporation or the government it seems to us that the answer is in the negative because as far as the owner is concerned it does not matter to him whether the land is acquired by one authority or the other.it is equally immaterial whether it is one acquisition act or another acquisition act under which the land is acquired. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC1; 1960CriLJ126; [1960]1SCR680
..... of an aggravated kind which may in the circumstances prevailing in the state mentioned above be treated as different from the ordinary offences and may well be dealt with by a drastic procedure without encountering the charge of violation of the equal protection clause. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC1637; (1989)77CTR(SC)141; [1989]178ITR97(SC); (1989)3SCC634; [1989]2SCR918; [1989]74STC102(SC); 1990(1)LC157(SC)
..... complex arena in which no perfect alternatives exist, the court does well not to impose too rigorous a standard of scrutiny lest all local fiscal schemes become subjects of criticism under the equal protection clause. in i.t.o. v. n. ..... as the classification made within this wide and flexible range by a taxing statute does not transgress the fundamental principles underlying the doctrine of equality, it is not vulnerable on the ground of discrimination merely because it taxes or exempts from tax some incomes or objects and not others ..... scope of the legislative entries in the three lists, we have to keep in mind that, while on the one hand, it is desirable that each entry in each of the lists should receive the broadest interpretation, it is equally important, on the other, that the three lists should be read together and harmoniously. ..... per day per individual marked for it, while in the other though equally wasteful expenditure is incurred in a more luxurious restaurant, the latter expenditure ..... exercise an extremely wide discretion in classifying items for tax purposes, so long as it refrains from clear and hostile discrimination against particular persons or classes.but, with all this latitude certain irreducible desiderata of equality shall govern classifications for differential treatment in taxation laws as well. ..... intent and general operations of the tax legislation is to adjust the burden with a fair reasonable degree of equality, the constitutional requirement is satisfied.... 22. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC386; [1962]3SCR936
..... 5 of the control order, 1961, cannot be held to be bad on the ground of class legislation, but the passing of an order under the sub-clause for a purpose not contemplated by it will amount to discrimination and denial of the guarantee of equal protection of the law. 18. ..... this decision lends equally strong support to the view that preference directed to be given by clause (e) of paragraph 5 of the licensing order with which we are concerned to co-operative societies would not necessarily render it invalid. 42. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1963SC268; [1963]1SCR707
..... article 14 which 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, as well as article 16(1) which provides that there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the state, have been frequently considered by this court. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1995LabIC1387; (1995)IILLJ743SC; 1995(1)SCALE225; 1995Supp(1)SCC534; [1995]1SCR377
..... has yet 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 services' ..... . in the said writ petition they assailed the validity of the impugned circulars mainly on the ground that the said circulars were violative of the right to equality guarantee under article 14 of the constitution inasmuch as much higher levy has been imposed in respect of loading of ore done through ocean going vessels fitted with grab cranes as compared to loading of ore through transhipper fitted ..... when required, even though the services of the reserve pool workers may be required for only two or three days at a time and, therefore, it could not be said that grab crane fitted vessels and transhippers are equals .....
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