Judgment Search Results Home > Cases Phrase: equal protection Page 5 of about 124,108 results (0.029 seconds)

V.M. Syed Mohamed and Co. and anr. Vs. the State of Madras Represented ...

Court : Chennai

Reported in : AIR1953Mad105; (1952)2MLJ598

..... corporation commission', (1929) 278 us 515 :73 law ed 483,'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 .... ..... the question actually under consideration was how far classification made bv a statute could be impugned as denying equal protection, without any differentiation between classification made in the statute itself and classification made by the administration acting under statutory powers.the legislative knowledge and experience referred to in these observations would include in the context ..... the restriction that it shall not be so exercised as to deny to any the equal protection of the laws does not compel the adoption of an iron rule of equal taxation in order to prevent variety or differences in taxation or discretion in the selection of subjects or the classification for taxation of properties, businesses, trades, callings or occupations' ..... the following principles may be taken to be well-established : (1) the guarantee of equal protection of laws does not require that the same law should be made applicable to all persons or that the law should have the same operation on all ..... 'the guaranty of the 14th amendment of the equal protection of the laws is not a guaranty of equality of operation or application of a state legislation upon all citizens of state .....

Amar Singh and ors. Etc. Etc. Vs. the State of Bihar and ors. Etc. Etc ...

Court : Patna

..... body takes care of reasonable classified persons for legislative purpose and if it deals equally with all persons belonging to 'a well-defined class', it is not open to challenge in the guise of denial of equality or equal protection of law contending that the law does not apply to persons after the ..... event of challenge against the legislative action of a legislature on the basis of equality and equal protection, the question for determination is not whether it has resulted in equality, but whether there is some difference which bears just and reasonable relation to the ..... , ipso facto, does not amount to dissect rumination within inhibition of equal protection doctrine as provided in article 14 of the constitution of india. ..... a legislation deals equally with members of a well-defined class, it is not prohibited or obnoxious and it is not open to the charge of denial of equal protection or breach of equality on the ground ..... the right of the raiyats with occupancy rights in their lands by declaring that they could use the land in any manner but a condition was imposed, clearly to protect the interest of the tenure holder or proprietor, that the manner of use should not materially impair the value of the land or render it unfit for the purposes of the tenancy. ..... the constitution itself, the provisions of judicial review so as to maintain the balance of federalism, to protect the fundamental rights guaranteed to the citizens and to afford a useful weapon for equality, liberty and freedom. .....

Vithalrao Udhaorao Uttarwar and ors. Vs. the State of Maharashtra

Court : Mumbai

Reported in : AIR1977Bom99

..... as follows; (para 477)'the learned counsel for the election petitioner contended that, as a candidate at an election, the prime minister and the ordinary candidate should enjoy equal protection of the laws and should be afforded equal facilities irrespective of the office occupied by one of two or more candidates. ..... of the law on the basis as to whether it satisfies the equal protection as well equality of status contemplated by the basic principles of constitutional theory.26. ..... of agrarian reforms, even if these enactments may be treated to be the statutes regarding the agrarian reform, they do not satisfy the test of the second proviso to article 31-a of the constitution, article 31-a of the constitution protects the laws relating to agrarian reforms from challenges based on articles 14, 19 and 31 of the constitution and it is urged is a fetter on the legislative power as contemplated by article 245 of the constitution, it is submitted ..... based on equality of status and equal protection of laws ..... that the 'rule of law' argument like the 'basic feature' argument is intractable; the emergency provisions contained in part xviii of the constitution which are designed to protect the security of the state are as important as any other provisions of the constitution and that the true construction and effect of article 359(1) does not violate the rule of law,89. ..... rights are declared as in article 14--equality before law or article 29 (1)--protection of interests of minorities or article 31 -- .....

Choithram Verhomal Vs. A.G. Kazi and ors.

Court : Mumbai

Reported in : AIR1966Bom54; (1965)67BOMLR544

..... of the 14th amendment to the american federal constitution which enjoins that no state shall 'deny to any persons within the jurisdiction the equal protection of the law' there can therefore be no doubt or dispute that this arise is no founded on a sound public policy recognized and valued in all civilized states'after referring to the definition of the 'the state' in article 12 his, lordship ..... here 'the state' which includes its income - tax departments has by an illegal order denied to the petitioners as comported with other bidi merchants who are similarly situate, equality before the law or the equal protection, of the law and the petitioners can legitimately complain of an infraction of his fundamental right under article 14 of the constitution'it is true clear that the protection given by the whether executive to all discriminatory action, whether executive or legislative. ..... article 14 lays down that the state shall not deny to any persons equality before the law or the equal protection of the law within the territory of india. ..... sorabjee to show that the equal protection clause of the 14th amendment to the american constitution gave protection of against the legislative as well as executive discrimination. ..... equal protection of the law has been constructed to mean that the protection of equal laws legislation and arbitrary classification. ..... art 14 guarantees equality before the law and equal protection of the laws. .....

Zoolfiqar Ali Currimbhoy Ebrahim Vs. the Official Trustee of Maharasht ...

Court : Mumbai

Reported in : (1967)69BOMLR326; 1967MhLJ694

..... similarity, not identity of treatment, is enough.after referring to this passage and pointing out that article 14 of the constitution corresponds to the 'equal protection' clause in the 14th amendment in the american constitution, the supreme court heldit must be admitted, that the guarantee against the denial of equal protection of the laws does not mean that identically the same rules of law should be made applicable to all persons within the territory of india in ..... chagla's plea that the provisions of the repealing act amount to a denial of equality before the law or the equal protection of the laws, guaranteed by the article 14 of the constitution, was based on a comparison of one of the provisions of the repealing act with the corresponding provision of two other bombay acts by which ..... of the constitution have been expounded and interpreted in several cases by the supreme court of india and so far as the meaning of the key phrases in the article 'equality before the law' or the 'equal protection of the laws' are concerned, there is no doubt or difficulty. ..... 877):the guarantee of the equal protection of the laws means the protection of equal jaws, it forbids glass legislation, but does not forbid classification which rests ..... 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. .....

The Lokamanya Mills Barsi Limited Vs. Barsi Municipal Council, Barsi a ...

Court : Mumbai

Reported in : AIR1968Bom229; (1967)69BOMLR656

..... . but the validity of a statute is subject to judicial scrutiny in the context of fundamental freedoms guaranteed to employers as well as employees and the freedom of equal protection of the laws becomes chimerical, if the only ground in support of the validity of a statute ex facie discriminatory is that parliament intended inconsistently with the very concept of bonus evolved by it to maintain for the benefit of labour an advantage ..... . it was in this context that the supreme court observed that the due process and equal protection clauses of the 14th amendment did not impose upon a state any rigid rule of equality of taxation and that inequalities which result from the singling out of one particular class for taxation or exemption infringe no constitutional ..... whether the said proviso was invalid upon its face, and the supreme court held that the proviso was not so arbitrary and unreasonable on its face as to violate the due process and equal protection clauses of the 14th amendment of the american constitution ..... mehta with a view to show that a statute taxing railways at a uniform rate of 350 dollars per mile was held by the federal supreme court to be not violative of the equal protection clause of the 14th amendment of the american constitution ..... was held that the assessment for taxation of all the coal lands at the same sum per acre, notwithstanding differences in their actual or market value, violated the equal protection clause of the 14th amendment of the american constitution .....

Lachmandas Kewalram Ahuja Vs. State of Bombay

Court : Mumbai

Reported in : (1952)54BOMLR854

..... on and after january 26, 1950, the appellants, no doubt, had the right to the equal protection of the law; but, as has been repeatedly pointed out, that right only meant that the state, including the executive and the legislature, should apply the same law, substantive and ..... to regard the procedural variations in the recording of evidence and the summoning of witnesses as so serious as to amount to a denial of the equal protection of the laws within the meaning of art. 14. ..... discussion i have assumed that such departures from the normal procedure as were still applicable to what remained of the appellants trial after january 26, 1950, were so materially prejudicial to them as to amount to a denial of the equal protection of the laws within the meaning of art. ..... in the first place, as already pointed out, equal protection of the laws postulates persons in the same situation and in the same circumstances claiming that the same law should be ..... continue the trial of the appellants remained unaffected by the advent of the constitution, it would be impracticable for the judge to switch the pending trials to a different procedure from january 26, 1950, so as to give effect to the equal protection claims of under-trial prisoners. ..... application of the procedure laid down in the impugned act to the 'cases' of the appellants cannot, it is contended, amount to discrimination in the eye of the law and is, therefore, not within the inhibition of the equal protection clause of the constitution. .....

The Communist Party of India and ors. Etc. Vs. State of Maharashtra an ...

Court : Mumbai

Reported in : AIR1989Bom29; 1988(2)BomCR627; 1988MhLJ504

..... be shown to reflect no policy, but simply artitraty and capricious action or inaction, and that any plan which could be shown systematically to prevent ultimate effective majority rule would be invalid under accepted equal protection clause standards .but , beyond this, i think there is nothing in the federal constitution to prevent a state from choosing any electoral legislative structure it thinks best suited to the interests, temper, and customs ..... carr (1962) 369 us 186: 7 law ed 663, for the proposition that a claim asserted under the equal protection clause challenging the constitutionality of a states apportionment of seats in its legislature, on the ground that the right to vote of certain citizens was effectively impaired since debased and diluted in effect presented ..... the learned chief justice ultimately held that as a basis constitutional standard the equal protection clause requires that the seats in both houses of a bicameral states legislature must be apportioned on a population basis, and that tan individual's right to vote for state legislators in unconstitutionally impaired when its ..... federal const it utional prerequisite both houses of state legislature must be apportioned on population basis and the equal protection clause would required that a state should made an honest and good faith effort to construct districts, in both houses of its legislature, as nearly of equal population as is practicable although mathematical exactness may not be possible. .....

Goregaon Malayalee Samaj (Regd.) Vs. Popatlal Prabhudas and Sons and o ...

Court : Mumbai

Reported in : 1988(1)BomCR358

..... 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. ..... likewise if a law deals equally with members of a well defined class, 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 ..... be seen that a right conferred on persons that they shall not be denied equal protection of the laws' cannot same mean the protection of laws for all. ..... the policy and the object sometimes is wider than some of the key provisions of the act and the policy and object of the act generally is mitigation of hardship of tenants, such protection can be attained by several measures one of them being creation of incentive to persons that are otherwise capable, who are otherwise reluctant to invest in the construction of new buildings in view of the chilling effect ..... 'equal protection of the laws' must mean the protection of equal laws for ..... equal protection of law cannot be ..... similarly, the contention of the petitioner that even if the petitioners were considered to be the licensees in respect of the suit land they would be protected in view of the provision of section 15-a has force as no subsisting license could not be said to existing in favour of the petitioner on the 1st february, 1973 as the present suit had already been instituted much prior .....

The Executive Engineer, No. 1, Hemavathi Right Bank, Nala Division, Vs ...

Court : Karnataka

Reported in : (2009)ILLJ513Kant

..... denial of regularisation of the services of daily wage employees on one hand and on the other hand, it has defeated the constitutional scheme in the matter of public employment, by denying equal opportunity and equal protection and participation to the qualified unemployed youth for want of regular recruitment being made by the state. ..... issuing direction for reinstatement amounts to denial of equal rights and equal protection in the matter of public employment and amounts to overlooking the scheme of ..... model employer requires to provide employment in consonance with article 14 and 16 of the constitution by giving equal opportunity and equal protection subject to reservation provided therein.33. ..... post without regular recruitment would amount to denial of equal rights and equal protection in the public employment.28. ..... 14 and 16 and submitted that in umadevi's case, on interpretation of article 14 and 16 in the matter of public employment, the apex court has declared a law, holding that the basic feature of the constitution is to protect equality and equal participation and, no appointment could be made dehors to the provisions of article 14 and 16 of the constitution of india. ..... its role as the sentinel and as the guardian of equal rights protection should not be forgotten.in the light of the explanation of constitutional scheme in the matter of public employment by the constitutional bench of the apex court, it became necessary to consider the interest of large number of employees .....