Court : Andhra Pradesh
Reported in : 1953CriLJ454
..... bring a case within the ambit of article 14 of the constitution and contend that the equal protection of the laws and equality before the law is denied simply because a law seeks to differentiate between persons with regard ..... the - west bengal case 1952 scj 55 at page 66 says:.one of these principles is that article 14 is designed to protect all persons placed in similar circumstances against legislative, discrimination, and if the legislature takes care to reasonably classify persons for legislative purposes and if it deals equally with all persons belonging to a well denned 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.5 ..... the one from karimnager, the constitution had come into force with the guarantee of equal protection of the laws and the appellants before us on those dates could well urge that they have acquired the fundamental rights of not ..... (c) the guiding principles as to in what circumstances an enactment would be regarded as invalid as violating the equal protection of the laws clause underlying article 14 of the constitution, could be deduced from the three decisions of the ..... the state government as a means of achieving that object, the law itself, as i have said above, cannot be held to be discriminatory, though the action of the state government may be condemned if it offends against the equal protection clause, by making an arbitrary selection....in - 'anwar ali sarkar's case' air 1952 sc 75, .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1958]9STC104(AP)
..... the supreme court restated the following principles :-'(1) one who challenges the validity of state taxation on the ground that it violates the equal protection clause of the federal constitution cannot rely on theoretical inequalities but must show that he himself is affected unfavourably by the discrimination of which he ..... doing so they made the following observations :-'the provision in the 14th amendment that no state shall deny to any person within its jurisdiction the equal protection of the laws, was not intended to prevent a state from adjusting its system of taxation in all proper and reasonable ways. ..... latitude in the manner of classification does not enable a state to classify so arbitrarily as to subvert the fundamental doctrine of equal protections of laws, nourished and developed with so much care by the constitutional law of america and incorporated in our constitution. ..... , in sustaining the law lays down the following principles :(1) a state does not deny the equal protection of the laws merely by adjusting its revenue laws and taxing system in such a way as to favour certain industries or forms of industry; (2) it may make discriminations if founded on distinctions that we cannot pronounce unreasonable and purely arbitrary; ..... though in america at the outset the court did not regard that the equal protection clause had any bearing on taxation, gradually the supreme court conceded that hostile discrimination against all persons and classes might be obnoxious to the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(1)ALD423; 2002(2)ALT77
..... bhopal sugar industries, : [1964]52itr443(sc) , a constitution bench of the supreme court laid down the principle thus: ...all persons who are similarlycircumstanced as regards a subject-matter are entitled to equal protection of the laws, but it is not predicated thereby that every law must have universal application irrespective of dissimilarity of objects or transactions to which it applies, or of the nature or attainments of the persons to whom it relates ..... the trial court held the admission policy violates 'equal protection clause' in fourteenth amendment and the supreme court of washington reversed the ..... is axiomatic that article 15(1) and 15(2) as well as article 16(1) and 16(2) are the facets of article 14 of the constitution of india, which proclaims 'equality of law'and 'equal protection of laws', which are aimed at providing equal opportunities to all the citizens. ..... 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 ..... so to say, any programme employing 'rational classification' to favour certain minority groups would be subject to strict scrutiny by the constitutional court under, 'equal protection clause'. 56. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All718
..... article 14 of the constitution is :'the state shall not deny to any person equality before the law or the equal protection of the laws within the territory of india. ..... 289 :'the effect of a state law may bring it under the condemnation of the equal protection clause, however, innocent its purpose. ..... the onus of proving that the equal protection clause has been violated, is upon the person who assails the law; the legislature is to be presumed to have acted from lawful motive. ..... stated that, 'the equal protection of the laws is a pledge of the protection of equal laws'. ..... as there was no discrimination against any particular railway corporation and they all were subject to the same liability, the statute did not deny the equal protection of laws to the railway corporations. ..... if the classification makes all members of the class equally liable it does not contravene the equal protection clause; barbier v. ..... 'the guarantee against denial of equal protection of the laws does not require that absolutely the same rules of law shall apply to all persons irrespective of differences of circumstance. ..... 'that equal protection & security should be given to all under like circumstances in the enjoyment of their personal & civil rights; that all persons should be equally entitled to pursue their happiness & acquire & enjoy property; that no greater burdens should be laid upon one than are laid upon others in the same calling & condition, and that in the administration of criminal justice no different or .....
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 : 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 : Chennai
Reported in : AIR1955Mad135
..... not bad as it was based on valid classification and that territorial classification also it a good ground of classificationa part from this, it has been held by the supreme court of the united states that the equal protection clause contemplates persons and classes of persons, that it has no reference to local and municipal regulations that do not injuriously affect or discriminate between persons or classes of persons within places or municipalities for which such ..... point (a): article 14 of the constitution 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 article applies to citizens as well as to non ..... deny to any person withinits jurisdiction the equal protection of the laws'.both laws, substantive and adjective, are equally subject to the constitutional limitations under article 14 unless of course the change in procedure ..... the scope and extent of the fundamentalright of equal protection guaranteed under article 14can best be set out in the following extract frombasu's commentary on the constitution of india(second edition) ..... do not render a law invalid on the ground of infringing equal protection' (cooley constitutional limitations 8th edn. ..... of appeal to the supreme court of the state was provided in case arising in certain districts, while in cases arising in certain other districts a right of appeal only to another court was provided, the equal protection clause was not violated. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1963Mad434; 1963CriLJ636
..... the enactment with the rest of the corpus of law applicable to those similarly situated.in (1897) 41 law ed 666 we find the emergence of the doctrine that classification is permisible to relieve a law from the charge of denial of equal protection, but this must not be arbitrary but has to be based upon a difference which has a just and proper relatioin to the attempted classification. ..... the argument of the learned counsel on this aspect, largely proceeded upon an elaboration of the case-law with regard to equal protection of law, both in the united states of america and in this country; the attempt was to show that, initially, the discrimination was fought in the courts of the united states of america on the basis of ..... but the objection to the validity of the section under the first head, namely, that it denies equal protection of laws to persons similarly situate, was not taken before the learned judge; nor even in the grounds ..... connolly, (1883) 28 law ed 923 concentrated upon the need that 'equal protection and security should be given to all under like circumstances in the enjoyment of their personal and civil rights...that no impediments should be interposed to the pursuits of any one, except as applied to the same ..... 30 law ed 220:'these provisions are universal in their application to all persons within the territorial jurisdiction without regard to any differences of race, of colour or of nationality and the equal protection of law is a pledge of the protection of equal laws. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1953Mad729; (1953)IIMLJ61
..... question in the form to which we have restricted it is, section 14 of the fugitive offenders act is inconsistent with the fundamental rights of equal protection of laws guaranteed by article 14 of the constitution and is to that extent void and unenforceable against the petitioners. ..... to the second question is that section 14, fugitive offenders act is inconsistent with the fundamental right of equal protection of the laws guaranteed by article 14 of the constitution and is to that extent void and unenforceable ..... sums up the position thus : 'article 14 is designed to protect all persons placed in similar circumstances against legislative discrimination, and if the legislature takes care to 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 ..... need, there must, in my opinion; be some basis better than geographical contiguity alone, if the test of 'equal protection of the laws within the territory of india' specifically provided for by article 14 of the constitution is to apply. ..... before i consider the question, whether section 14 of the impugned act constitutes a denial of the equal protection of the laws within the territory of india, within the meaning of article 14, it may be desirable to refer to the scheme of the statutory law of extradition in india, which was in force prior to the commencement .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1972]86ITR332(AP)
..... the former declares that every one is equal before law, that no one can claim special privileges and thai all classes are equally subjected to the ordinary law of the land ; the latter postulates an equal protection of all alike in the same situation and ..... 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 : (raja jagannath ..... the supreme court, explained thus :'equal protection clause of the constitution does not enjoin equal protection of the laws as abstract ..... the constitution of india 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 entire problem under the equal protection clause under article 14 is one of classification ..... there is no doubt that 'equal protection of laws' means right to equal treatment in similar circumstances both in the privileges conferred and liabilities ..... after explaining the doctrine of equal protection of the laws, the learned judge pointed out at page 56, that the mappilla families governed by the marumakkattayam law reside in a small part of the countty and form ..... 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 .....
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