Judgment Search Results Home > Cases Phrase: equal protection Page 3 of about 124,108 results (0.026 seconds)

A. Aruna and ors. Vs. State of Andhra Pradesh and anr.

Court : Andhra Pradesh

Reported in : 2002(6)ALD548; 2003(2)ALT770

..... of legislation which legislature takes care to reasonably classify persons for legislative purposes and if it 'deals clearly 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 persons or things. ..... , the supreme court held that differential treatment does not per se constitute violation of article 14 and that differential treatment denies equal protection only when there is no reasonable basis for the differentiation. ..... taxing statutes must also satisfy the test of equal protection and are liable to be struck down if ..... is well settled that if a law deals equally with members of a 'well-defined class' of persons or things, 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 ..... it is true that article 14 guarantees equal protection as well as equal treatment, in similar circumstances, both in the privileges conferred and ..... which is free from 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 or measures. ..... 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 reasonable relation to .....

Ajaib Singh Lehna Singh Vs. the State of Punjab and anr.

Court : Punjab and Haryana

Reported in : AIR1952P& H309

..... judicial decision with which no tribunal other than a regularly constituted court could be empowered to deal and that the constitution of special tribunals under the act is open to the charge of the denial of equal protection on the ground that the act discriminates against 'abducted persons' falling within section 2(1), (a) of the act by denying to them the procedural ..... as stated by professor willis in the passage cited above the guarantee of the equal protection of the laws does not prohibit legislation, which is limited either in the objects to which it is directed or by the territory within which ..... 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. ..... with the provisions of article 14 on the ground that the state has denied to abducted persons equality before the law or the equal protection of the laws within the territory of india?5. ..... has a wide field of choice in determining and classifying the subject of its laws, and if the law deals alike with all of a certain class, it is normally not obnoxious to the charge of denial of equal protection; but the classification should never be arbitrary. ..... equal protection of the laws means the protection of equal ..... is impugned on the ground that the constitution of special tribunals for the determination of the questions arising under that section does not conform with the guarantee of the equal protection of the laws given by article 14. .....

In Re: the Special Courts Bill, 1978

Court : Supreme Court of India

Reported in : AIR1979SC478; (1979)1SCC380; [1979]2SCR476

..... 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 of favourtism. ..... process would inevitably end 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 of classification. ..... article provides:the state shall not deny to any person equality before the law or the equal protection of the laws within the territory of india.61. ..... 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 ..... [1974]3scr760 placed the same accent from the angle of under-inclusion:the equal protection of the laws is a pledge of the protection of equal laws. ..... remained of the trial after the constitution came into force was held not to deviate from the normal standard in material respects so as to amount to a denial of the equal protection of laws within the meaning of article 14.70. .....

State of U.P. Vs. Deoman Upadhyaya

Court : Supreme Court of India

Reported in : AIR1960SC1125; 1960CriLJ1504; [1961]1SCR14

..... of the 14th amendment of the constitution of the united states of america, and it may reasonably be assumed that our constituent assembly when it enshrined the guarantee of equal protection of the laws in our constitution, was aware of its content delimited by judicial interpretation in the united states of america. ..... the former declares that every one is equal before law, that no one can claim special privileges and that 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 under like ..... 14 of the constitution reads : 'the state shall not deny to any person equality before the law or equal protection of the laws within the territories of india.' 27. ..... persons in custody, by this distinction deprived of 'equality before the law, or the equal protection of the laws' within the meaning of art. ..... the english doctrine of the rule of law and the equal protection clause of the 14th amendment to the american federal constitution which enjoins that no state shall 'deny to any person within its jurisdiction the equal protection of the laws'. ..... often been said in considering whether there has been a denial of the equal protection of the laws, a doctrinaire approach is to be avoided. ..... it is argued that there is denial of equal protection of the law, because if the statement were made before custody began, it would ..... dealing with the content of the guarantee of the equal protection of the laws, hughes, c.j. .....

Dr. Jagadish Saran and ors. Vs. Union of India (Uoi)

Court : Supreme Court of India

Reported in : AIR1980SC820; (1980)2SCC768; [1980]2SCR831

..... sake of a province, wholesale banishment of proven ability to open up, hopefully, some dalit talent, total sacrifice of excellence at the altar of equalisation-when the constitution man dates for every one equality before and equal protection of the law-may be fatal folly, self-defeating educational technology and anti-national if made a routine rule of state policy. ..... 'equal protection of the laws' for full growth is guaranteed, apart from 'equality before ..... to equal protection and non ..... and stresses how it deserves, for its solution, serious and sensitive judicial and administrative statesmanship enlivened by legal fundamentals, since the crucial issue springs from the pervasive and protective tendency for institutional reservation of post-graduate seats, which, if left uncanalised and indulged in excess, may well imperil the integrated status of higher national education and make a mockery ..... and, on the contrary, elitist exaggeration of 'national' considerations and personal merit, where local protection is essential for the humbler people's interests, has a depressing repercussion if pushed beyond a point-an aspect which expert policy-makers sometimes overlook ..... the dialectic of constitutional protection in the dynamic context of equality in a developing country has been presented by us at some repetitive length so that the voyage of re-thinking ..... protective discrimination promotional of equalisation is pleaded, is on the party who seeks to justify the ex facie deviation from equality .....

Satyawati Sharma (Dead) by Lrs. Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Reported in : AIR2008SC3148; 2008(3)ALD147(SC); 2008(56)BLJR1811; 148(2008)DLT705(SC); JT2008(5)SC376; 2008(6)SCALE325; (2008)5SCC287; 2008(3)ICC326; 2008(3)Supreme37; 2008AIRSCW3324; 2008AIRSCW3324; 2008(3)ICC326; 2008(3)Supreme37

..... end 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 ..... court cautioned against the readymade invoking of the doctrine of classification to ward off every challenge to the legislative instruments on the ground of violation of equality clause and observed:the equal protection of the laws is a 'pledge of the protection of equal laws' ..... , the court observed that article 14 ensures to every person equality before law and equal protection of the laws ..... shall not deny to any person equality before the law or the equal protection of the laws ..... . our approach to the equal protection clause must, therefore, be guided by the words ..... object sought to be achieved by the legislation.we have to be constantly on our guard to see that this test which has been evolved as a matter of practical necessity with a view to reconciling the demand for equality with the need for special legislation directed towards specific ends necessitated by the complex and varied problems which require solution at the hands of the legislature, does not degenerate into rigid formula to be ..... equal protection of the laws and the doctrine of classification is only a subsidiary rule evolved by courts to give a practical content to that guarantee by accommodating it with the practical needs of the society and it should not be allowed to submerge and drown the precious guarantee of .....

Manohar Singh Ji Vs. State of Rajasthan

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. .....

Mahammad HussaIn Vs. the State

Court : Guwahati

..... this requirement, then the differentiation which the legislation makes between the class of persons or things to which 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 the intelligible differentia having a reasonable relation to the legislative purpose.this statement of the law was ..... after a consideration of the american decisions bearing on the interpretation of the fourteenth amendment of the constitution of the united states interpreted it in the following terms:it must be admitted that the guarantee against the denial of equal protection of laws does not mean that identically the same rules of law should be made applicable to all persons within the territory of india in spite of differences of circumstances and conditions. ..... of the supreme court summed up the position as follows: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 or .....

Senairam Doongarmal Agency (P.) Ltd. and Others Vs. K.E. Johnson and O ...

Court : Guwahati

..... decisions of the supreme court established the following principles which would have to be constantly borne in mind by the courts when called upon to adjudge the constitutionality of the any particular law attacked as discriminatory and violative of the equal protection of the laws :(a) that a law may be constitutional even though it relates to a single individual if, on account of some special circumstances or reasons applicable to him and not applicable to others, that single individual may be treated as a class by himself ;(b) ..... article, it is clear that the article applies to any one who can be called a persons who may not even be citizens of india.between persons, what the article guarantees is that they should enjoy (i) equality before the law and (ii) equal protection of the laws within the territory of india.before examining the attack made against section 37(2) of the act in this regard, it would be necessary to note that the present section 37(2) of the act originally was ..... when, however, the constitution came into force on 26th january, 1950, the citizens obtained the fundamental rights enshrined in part iii of the constitution including the right to equality of laws and equal protection of laws enacted in article 14 thereof, and whatever may have been the position before the 26 the january, 1950, it was open to the persons alleged to belong to the class of substantial evaders, thereafter to ask as to why some of .....

Dal Chand and anr. Vs. the State

Court : Allahabad

Reported in : AIR1953All123

..... was held by the majority of the court that section 11 of the ordinance in so far as it authorises the state government to direct offences or classes of offences or classes of cases to be tried by the special court did not offend against the equal protection clause of the constitution of india and the notification which has been issued by the saurashtra government under that part of the section cannot be held to be invalid or 'ultra vires'. ..... the argument of the learned counsel was that the provisions of article 14 which guarantee 'equality before the law' or 'the equal protection of the laws' within the territory of india were violated by the provisions of law relating to jury ..... crucial question for decision in the present case is whether in providing for a jury trial for the offence of dacoity the state can be said to have denied to the appellants either 'equality before the law' or 'the equal protection of the laws' within the meaning of these expressions as contained in article 14 of the constitution. ..... , observed thus:'the nature and scope of the guarantee that is implied in the equal protection clause of our constitution have been explained and discussed in more than one decision of this court and do not require ..... with reference to the clause 'equal protection of the laws' in article 14, it was held: 'what the equal protection clause means is simply this that the same law should govern those similarly circumstanced; it cannot and does not prohibit different laws for those .....