Court : Supreme Court of India
Reported in : AIR1992SC999; JT1992(2)SC312; 1992(1)SCALE643; (1992)2SCC643; [1992]2SCR164; [1993]89STC201(SC)
..... we are not unaware that this greater latitude has been recognised in usa and uk even without resorting to the concepts of 'equality before law' or 'the equal protection of laws' - as something that is inherent in the very power of taxation and it has been accepted in this country ..... for this reason that while applying the doctrine of classification - developed mainly with reference to and under the concept of 'equal protection of laws' parliament - is allowed more freedom of choice in the matter of taxation vis-a-vis other laws. ..... of the constitution enjoins upon the state not to deny to any person 'equality before law' or 'the equal protection of laws' within the territory of india. ..... are used together in the universal declaration of human rights, 1948, article 7 whereof says 'all are equal before the law and are entitled without any discrimination to equal protection of the law. ..... it equates the theatres situated in village panchayats and village town-ships and other lesser grade municipalities with the theatres in corporation areas and special grade municipalities areas; in short, it seeks to treat unequals equally, which itself is a negation of the guarantee of equal protection of laws. ..... presumption of constitutionality has not been dislodged by the petitioners by demonstrating how even hotels, not brought into the class, have also equal or higher chargeable receipts and how the assumption of economic superiority of hotels to which the act is applied is erroneous or irrelevant .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC1948; 2007(4)ALLMR(SC)739; [2007(4)JCR135(SC)]; 2007(7)SCALE697; (2008)7SCC231; 2008(1)SLJ26(SC); JT2007(7)SC273; 2007AIRSCW3529
..... in confederation of ex-servicemen, after considering leading cases on equal protection clause enshrined in article 14 of the constitution, speaking for a five-judge bench, one of us ..... , it is well settled and cannot be disputed that article 14 of the constitution guarantees equality before the law and confers equal protection of laws. ..... all persons are not, by nature, attainment or circumstances, equal and the varying needs of different classes of persons often require separate treatment and, therefore, the protecting clause has been construed as a guarantee against discrimination amongst equals only and not as taking away from the state the power to classify persons for the purpose of ..... to andhra kesari educational society, the court stated:these observations are equally relevant to primary school teachers with whom we are concerned. ..... the court held that doctrine of `equal pay for equal work' should not be applied in a mechanical or casual manner.23. in ..... prohibits the state from denying persons or class of persons equal treatment; provided they are equals and are similarly situated. ..... balram sahoo : [2000]1scr1247 , equal pay would depend upon not only on the nature or volume of work but also on quality of work as regards reliability and responsibility as well and different pay scales may be prescribed on the basis of such reliability ..... it is true that `equal pay for equal work' is a doctrine well established in service jurisprudence and is also a concomitant of article 14 of the .....
Tag this Judgment!Court : Kerala
Reported in : AIR1999Ker93
..... in our view, the act, to stand the test of the constitutional mandate of equality before law and equal protection of law in the context of avoiding discrimination, the act requires an amendment. ..... learned senior counsel said that article 14 is the declaration of equality of civil rights of all persons within the territory of india and that it secures equal protection to all such persons in the enjoyment of their rights and liberties without discrimination or fa- ..... is the ability of even an insignificant minority to find its identity under the country's constitution.it is the duty and function of the court whenever the fundamental right under article 25 is invoked to examine the act and see if it is to protect public order, morality and health, or whether it gives effect to the other provisions of part 111 of the constitution or whether it is authorised by a law made to regulate or restrict any economic, financial, political or secular activity which may be ..... 14 states that the state shall not deny to any person equalily before the law or the equal protection of the laws within the territory of india. ..... proposition, the next question is, on whom the burden lies to affirmatively establish the rational principle on which the classification is founded correlated to the object sought to be achieved the thrust of article 14 is that the citizen is entitled to equality before law and equal protection of laws. ..... the guarantee of equal protection embraces the entire realm of 'state action .....
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 : 1987(2)WLN614
..... any failure in this respect of 'the husband to give equal treatment or to provide equal justice or the provide equal protection would be violative of the basic intention of object and the purpose of protecting orphans which was kept in the tenant of kuran sarif by the great prophet.7. ..... and the condition that all must be treated alike equal and justice must be done to all of them. ..... but it was motivated with a great pious sacred object of providing protection to those orphan girls who used to become orphan on account of war or other reasons and thereafter when the society was not capable of providing them full satisfaction and looking after their necessities, then only great prophet injunctions were revealed that in such cases the best way to provide protection is to many such orphan girls upto maximum of four with the rider ..... enacted by the legislature is meant for providing such protection in cases where after conducting marriage justice is not done to the weaker spouse and the wife is left high and dry without maintenance on account of neglect or ill treatment or any other reason what ever the .....
Tag this Judgment!Court : Chennai
Reported in : [1956]7STC346(Mad)
..... none the less the impugned statutory provision has to satisfy the test of equal protection of laws guaranteed by article 14 of the constitution before it can be enforced now against the first petitioner. ..... a statutory discrimination will not be set aside as the denial of equal protection of the laws if any state of facts reasonably may be conceived to justify it.10. ..... it should be obvious that taxation laws also should stand the test of the equal protection of laws guaranteed by article 14 of the constitution. ..... the same principles can well apply in deciding whether a given statutory provision satisfies the test of equal protection of laws guaranteed by article 14 of our constitution. ..... the charge is that the discrimination is irrational and so unconstitutional as it offends the fundamental right of the petitioners to the equal protection of laws guaranteed by article 14 of the constitution. ..... (6) if a law deals equally with members of a well-defined class, it is not open to the charge of denial of equal protection on the ground that it has no application to other persons. ..... all it says is that the states shall not deny to any person within their jurisdiction equal protection of the laws. ..... (4) the principle (of equality) does not take away from the state the power of classifying persons for legitimate purposes. ..... it does not say when persons are within the jurisdiction of a state nor what are equal laws. .....
Tag this Judgment!Court : Chennai
Reported in : (1956)2MLJ179
..... nonetheless the impugned statutory provision has to satisfy the test of equal protection of laws guaranteed by article 14 of the constitution before it can be enforced now against the first petitioner ..... a statutory discrimination will not be set aside as the denial of equal protection of the laws if any state of facts reasonably may be conceived to justify it.in our opinion, those principles could well apply in testing the validity of any of the acts in this country ..... it should be obvious that taxation laws also should stand the test of the equal protection of laws guaranteed by article 14 of the constitution. ..... the same principles can well apply in deciding whether a given statutory provision satisfies the test of equal protection of laws guaranteed by article 14 of our constitution. ..... the charge is that that discrimination is irrational and so unconstitutional as it offends the fundamental right of the petitioners to the equal protection of laws guaranteed by article 14 of the constitution. ..... (6) if a law deals equally with members of a well-defined class, it is not open to the charge of denial of equal protection on the ground that it has no application to other ..... it says is that the states shall not deny to any person within their jurisdiction equal protection of the lows. ..... , observed:(4) the principle (of equality) does not take away from the state the power of classifying persons for legitimate ..... does not say when persons are within the jurisdiction of a state nor what are equal laws. .....
Tag this Judgment!Court : Chennai
Reported in : [1973]91ITR24(Mad)
..... , after setting out the various principles that have to be constantly borne in mind by the courts when they are called upon to adjudicate on the constitutionality of any particular law attacked as discriminatory and violative of the equal protection of the laws, expressed that a statute may itself indicate the persons or things to whom its provisions are intended to apply and the basis of the classification of such persons or things may appear on the face ..... it is well established that the mandate of article 14 is that the state shall not deny to any person equality before the law or the equal protection of the law within the territory of india, provided that nothing contained in that article shall prevent the state from making a law based on a reasonable classification founded on an intelligible differentia having a rational relation ..... the courts will not strike down an act as denying the equal protection of laws merely because other objects could have been, but are not, taxed by the legislature. ...' 18. ..... , : [1969]74itr49(sc) the supreme court again reiterated the principle thus: 'equal protection clause of the constitution does not enjoin equal protection of the laws as abstract propositions. ..... protection of the equality clause does not predicate a mathematically precise or logically complete or symmetrical classification : it is not a condition of the guarantee of equal protection that all transactions, properties, objects or persons of the same genus must be affected by it or .....
Tag this Judgment!Court : Chennai
Reported in : (1971)2MLJ502
..... it would be a lamentable state of law of equal protection, and nothing can be more ruinous and disastrous to the economy of the country if a manufacturer were to successfully assert a right to an equal reward though, for his inefficiency, or other reasons all concerning and peculiar to him, he is; not able to achieve the policy decision ire the realisation of the ..... law applicable at the time when the rights or liabilities accrued and the proceedings commenced is a reasonable law founded upon a reasonable classification of the assessees which is permissible under the equal protection clause and to which no exception can be taken. ..... the test of guarantee of equal protection in law, under article ..... down in such wide terms in the decision of the moopil nair's case : [1961]3scr77 , and that a law which is uniform even though it acts harshly against some and does not secure equal benefits for all cannot be struck down as offending article 14 so long as the dual test of the object or the policy of the legislature and the achieving of that policy by the provisions of ..... held that the fixing and enforcement by a rail road commission of unjust and unreasonable rates for transportation by rail road companies is an unconstitutional denial of the equal protection of the laws. ..... of a preference can be made in the case of a provision of an act, fixing a uniform rate will equally apply to a similar provision in the control order issued by the government in exercise of the powers of delegation .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1951Bom105; (1951)53BOMLR333; ILR1951Bom318
..... it is no breach of the article of the constitution providing for equality before the law & equal protection of the laws for the legislature fco make a classification on rational grounds ..... 14 of the constitution 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. ..... of the employers & of the employees could properly be devised without contravening the article of the constitution wifch regard to equality before the law & equal protection of the laws. ..... that that contravenes the article of the constitution with regard to the equality before the law & equal protection of the laws. ..... provisions of section 30 & section 27a are attacked only on the ground that they contravene article 14 of the constitution which guarantees to every person equality before the law as well as the equal protection of the laws. ..... & section 27a, therefore, contravene the article of the constitution with regard to the equality before the law & the equal protection of laws. ..... 'equal protection' must mean that there will not bearbitrary discrimination made by the laws themselves in ..... be said to be a provision which violates the principle of equality before the law of the unions. ..... is said that there must be equality before the law between employers & ..... its decision was based upon the view that if the taking away of a right of appeal is not a mere matter of procedure, the giving of a right of appeal is equally not such a matter. .....
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