Court : Mumbai
Reported in : AIR1984Bom96; 1984(2)BomCR478; ILR1984Bom1784a
..... this power , no doubt, in some degree is likely to produce some inequality, but if a law to 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 law as sets a goal not attainable by the invention and application of a precise formula. ..... article 14 enjoins that equal protection shall be secured to all such persons in the enjoyment of their rights and liberties without discriminations of favouritism. ..... occupant appears at the time appointed and claims that he is a tenant of the applicant within the meaning of the bombay rents, hotel and lodging house rates control act, 1974 and in consequence whereof he is entitled to the protection of that act, and if such claim is not admitted bu the applicant, then notwithstanding anything contained in that act, the question shall be decided by the small cause court as a preliminary issue.15. ..... it declares that an applicant who has no right to apply for possession on the date of the application is not protected, if the he obtains possession under this chapter against a person who is aggrieved by the application and the aggrieved by the person is entitled to file a suit for damages for the act of the deemed trespasser. ..... it is a pledge of the protection of equal laws, that is, laws that operated alike on all persons under alike circumstances.29. .....
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 : Karnataka
Reported in : ILR1991KAR4013
..... law relating to the regulations of lifting of residential and non-residential buildings and the control of rents of such buildings including the open land and the prevention of unreasonable eviction of tenants in the state of karnataka: 'section 21 - protection of tenants against eviction (j) notwithstanding anything to the contrary contained in any other law or contract, no order or decree for the recovery of possession of any premises shall be made by any court or other authority in favour of ..... well settled law, that article 14 of the constitution secures equal protection of the laws, forbids class legislation as not reasonable classification ..... thus, equal protection of laws cannot be claimed ..... rent payable by tenants of residential buildings to entitle them to seek the protection of the act, the passage of time has made the ceiling utterly unreal ..... the form and the extent of the restrictions to be imposed on the landlord's right and the consequent extent of protection to be given to the tenants is a matter of legislative policy and judgment. ..... karanth argued that the karnataka rent act seeks to protect tenants from eviction of premises whether they occupy building or the premises with structures ..... is entitled to occupy it under sub-section (1), the tenant's right to occupy the said building under the said sub-section shall terminate and the landlord shall be entitled to recover from the tenant, a sum equal to three times the amount of the monthly fair rent in respect of the building. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1989)77CTR(AP)40; [1989]178ITR31(AP)
..... the courts will not strike down an act as denying the equal protection of laws merely because other object could have been but are not, taxed by the ..... union of india : [1969]74itr49(sc) , the equal protection clause enshrined in article 14 is not an abstract ..... protection if the equality case clauses does not predicate a mathematically precise or logically complete of sysmmetrical classification; it is not a condition of the guarantee of equal protection that all transactions properties object or person of the same genus must be affected by it or none at ..... the extent of collection at sources under section 206c : section 206c says that the seller of specified goods shall at the time of recipe of the purchase price from the purchaser collect, in addition to purchase price, a sum equal to the percentage specified in the corresponding entry in column 3 of the table by way of income-tax for example in the case of alcoholic liquor (for human consumption) (other than indian made foreign liquor), the collection at source ..... in such goods chargeable to to tax under the hear 'profits and gains of business or profession'; (b) the right to receive any goods of the nature specified in column (2) of the table below, or such goods, as the case may be, a sum equal to the percentage, specified, in the corresponding entry in column (3) of the said table, of the amount paid or payable by the buyer in respect of the sale of such right or as the purchase price in respect of such goods shall be deemed to .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(5)ALD212
..... reasonably classify persons for legislative purposes and if 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 ..... in the premise of the above well settled principles flowing from the equal protection clause embodied in article 14 of the constitution, let us proceed to ..... iaai, : (1979)iillj217sc , it can safely be said that since equal protection guaranteed under article 14 of the constitution of india embraces the entire realm of 'state action', that guarantee would extend not only when an individual is discriminated against in the matter of exercise of his ..... of burden does not per se amount to discrimination within the inhibition of the equal protection clause incorporated in article 14 of the constitution. ..... when a law is challenged as denying equal protection, 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 ..... briefly, is as follows: the court masters and personal secretaries to the judges and the section officers (strictly confidential), hereafter referred to as 'section officers (sc)', branch of the secretariat were never treated as equals and the pay scale attached to the post of court masters and personal secretaries to judges and section officers (sc) of the ga department has always been different and higher pay scale has been attached to the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1954All121
..... . in the former case, it was observed thatthe unlawful administration by state officers of a state statute, fair on its face, resulting in its unequal application to those who are entitled to be treated alike, is not a denial of equal protection, unless there is shown to be present in it an element of intention or purposeful discrimination.here the provision itself was not fair on its face and if discrimination resulted it was not because of unlawful administration by the district magistrate ..... . anwar ali' : 1952crilj510 , it was stated that it is not necessary that the legislature should have an intention to deny the equal protection of the law, that if this denial results from or arises on the express terms of the statute itself, it is void and that if a selection is left to absolute and unfettered discretion of the executive government with nothing to guide or control ..... . all that was decided in the latter case is thatlack of equal protection is found in the actual existence of an invidious discrimination, not in the mere possibility that there will be like or similar cases which will be treated more leniently.the discrimination made by the impugned provisions actually existed when ..... . there was thus a denial of the equal protection of laws brought into existence by section 15 itself.it was conceded by the learned advocate-general that a district magistrate was not obliged to permit every one to publish a news sheet, but contended that mere refusal or mere .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2005MP170; 2005(2)MPLJ353
..... it may be urged that in a progressive democracy such a recognition is sine qua non and the instant provision achieves it but, a pregnant and significant one, that the weaker sections have been protected at the level of the panchayat as per reservation of seats as is demonstrable from the provisions of the constitution and to put them in a further smaller group they have the latent potentiality as ..... , while dealing with the equal protection clause under article 14 of the ..... the united states; nor shall any state deprive any person of life, liberty or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.'74. ..... 'per se' amount to discrimination within the inhibition of the equal protection clause. ..... equal protection clause mandates that all ..... and constitutionality of clause (f) and the other provisions of the electoral laws impugned in these petitions are sought to be justified by the respondents on grounds that first, a perfect arithmetical equality of value of votes is not a constitutionally mandated imperative of democracy and, secondly, that even if the impugned provisions make a departure from the tolerance limits and the constitutionally permissible latitudes ..... while the object of article 15(4) is to advance the equality principle by providing for protective discrimination in favour of the weaker sections so that they may become stronger and be able to compete equally with others more fortunate, one can not also ignore the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1961MP282
..... laws operating in the different regions could not be unified overnight; that article 14 of the constitution was not violated by diversities of laws in the different regions of the state so long as there was equal protection of the laws to persons similarly placed in the same region; that the laws operating in different states included in the new state of madhya pradesh were continued in force after 1st november 1956 by the legislature ..... privileges and immunities of citizens of the united states: and does not deprive any person of his rights without due process of law, nor deny to any person the equal protection of the laws, including the equal right to resort to the appropriate courts for redress. ..... see whether the impugned provision which is discriminatory on the face of it is hit by article 14 which declares 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 last restriction, as to the equal protection of the laws, is not violated by any diversity in the jurisdiction of the several courts as to subject-matter, amount or finality of decision, it' all persons within the territorial limits of their respective jurisdictions have an equal right, in like cases and under like circumstances ..... citizens of the united states, and does not deprive any person of his rights without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws in the same district'.10. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC497; 1978(2)ELT429(SC); (1974)4SCC428; [1974]3SCR121
..... the constitutional command for a state to afford equal protection of the law sets a goal not attainable by the invention and application of ..... one facet of the equal protection clause, upheld by the indian courts and relevant to the present case, is that while similar things must be treated similarly, dissimilar things should not ..... upon which such legislation is to act, so long as there is no substantial and fair ground to say that the statute makes an unreasonable and unfounded general classification, and thereby denies to any person the equal protection of the laws. ..... in several rulings highlighted this sensitive underside of equal protection. ..... appellants in these various appeals filed by certificate under article 133(1)(a) and (c) of the constitution is that the excise duty on matches sought to be levied on these medium-sized manufacturers of shivakashi wears the mask of equality but in its true face bears the marks of unequal justice violative of article 14 of the constitution of india.2. ..... anatole france's cynical statement comes to our mind in this context:the law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to ..... instead of protecting the tiny manufacturer from the injurious intermediary and inhibiting the larger producer from resorting to the device of self-division and other make-believe tactics, the state has resorted to a policy of equal levy from both which, according to the counsel, hits the poor and helps .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC257; 1984(2)SCALE933; (1985)1SCC290; [1985]2SCR398; 1985(17)LC491(SC)
..... 1976 deprives the tenants of all such buildings (buildings belonging to hindu, christian and muslim religious public trusts and public charitable trusts) of the equal protection of the beneficial provisions of the act which is available to the tenants of other buildings and as such the same is discriminatory offending against the equal protection clause of article 14 and (c) that in any event the total exemption from all the provisions of the act granted to such buildings, where ..... speaking for the court observed thus :the proviso under which the council acted also is attacked us violating the equal protection clause on the ground that such proviso enables the council unfairly to discriminate between lot-owners in fixing unequal distances from the street for the erection of buildings of the same character under like ..... respondents have further contended that even the point regarding the constitutional validity of granting exemption to buildings belonging to charities, religious or secular in the context of the equal protection clause of article 14 could be said to nave been concluded against the tenants of such buildings by the observations of this court in p. ..... already stated that the respondents have contended that the quest ion of constitutional validity of granting exemption to buildings belonging to charities, religious or secular from rent control legislation as offending the equal protect ion clause of article 14 has been concluded by the observation made by this court in p. .....
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