Judgment Search Results Home > Cases Phrase: equal protection Page 7 of about 124,108 results (0.039 seconds)

Raj Sahiban Shersingh Vs. the State of Rajasthan

Court : Rajasthan

Reported in : AIR1954Raj65

..... was a discriminatory piece of legislation can shortly be disposed of by reference to the above cited case of -- '(1918) 249 us 152 (o)', in which it has been held that 'the equal protection clause does not require what state laws shall cover the entire field of proper legislation in a single enactment.' 84. ..... the finding of the lower court that there were grounds for classification the above observations were made in disposing of the above contention and it was further observed that 'the equal protection clause does not require that state laws shall cover the entire field of proper legislation in a single enactment. ..... secondly, it is urged that the two acts violated the principle of equal protection of the laws enshrined in article 14 of the constitution and discriminated in favour of tenants ..... , texas workmen's compensation act was in conflict with the equal protection provision of the 14th amendment inasmuch as employees of the excepted classes only were entitled to certain privileges which were not available to employee of non-excepted classes and that this was so without ..... to the argument based on article 14 of the constitution- that article 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. ..... that was, however, clearly a case hit by the equal protection clause, for the act impugned in that case provided that it would not apply to agricultural products or live stock while in the hands of the .....

Murlidhar Jalan Vs. Income-tax Officer, Dibrugarh.

Court : Guwahati

..... the position, therefore, is that when the stature is not itself discriminatory and the charge of violation of equal protection is only against the official, who is entrusted with the duty of carrying it into operation, the equal protection clause could be availed of in such cases; but the officer would have a good defence if he could ..... statute itself makes a discrimination without any proper or reasonable basis, the statue would be invalidated for being in conflict with the equal protection clause, and the question as to how it is actually worked out may not necessarily be a material fact for consideration. ..... , observed that :"it appears to be an accepted doctrine of american courts that the purpose of the equal protection clause is to secure every person within the states against arbitrary discrimination, whether occasioned by the express terms of the statute or by their improper application through ..... , that :"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 ..... therefore, violative of article 19 being an unreasonable restriction on the right of the petitioner to hold and possess property cannot be accepted.the next ground on which the validity of section 46 (5a) is challenged is that it violates the guarantee of equal protection of laws under article 14 of the constitution. .....

Fram Nusservanji Balsara Vs. State of Bombay and anr.

Court : Mumbai

Reported in : AIR1951Bom210; (1950)52BOMLR799; ILR1951Bom17

..... , in declaring that no state 'shall 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,' undoubtedly intended, not only that there should be no arbitrary deprivation of life or liberty or arbitrary spoliation of property but that equal protection and security should be given to all under like circumstances in the enjoyment of their persona! ..... there it was held that a foreign corporation could not be deprived of the equal protection of the laws by statutes permitting it to be sued in any county in the state, while suits against domestic corporations and individuals could be brought only in counties where they were found or did business ..... 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 classification is imposed; and classification cannot ..... article is headed 'eight to equality' and provides that the state shall not deny to any person equality before the law or the equal protection of the laws within the ..... the equal protection clause of the 14th amendment (which ensures equality of law) does not take from the state the power to classify in the adoption of police laws but admits of the exercise of a wide ecope of discretion in that regard, and avoids what is done only .....

Bhikusa Yamasa Kshatriya Vs. Sangamner Akola Taluka Bidi Kamgar Union

Court : Mumbai

Reported in : (1959)61BOMLR764; (1959)IILLJ578Bom

..... therefore, that although ostensibly it might appear that the employers in the tobacco industry in the different localities referred to in the notification were unequally treated, that by itself would not amount to a denial of equal protection of the laws unless it was further shown that in the notification there was an element of purposeful and intentional discrimination. ..... a state to 'deny to any person within its jurisdiction the equal protection the equal protection of the laws,' the fourteenth amendment does not permit a state to deny the equal protection of its laws because such denial is not wholesale. ..... the supreme court said that it was not every denial of a right conferred by the state law that involved a denial of the equal protection of the law, even though the denial of the right to one person might operate to confer it on another. ..... government is to enjoy the same immunity as the act of the legislature, in that the question of the intention or purpose in respect of it cannot be gone into as it cannot be in the case of an act of the legislature, the constitutional guarantee of equal protection against executive orders which would have the force of law under art. ..... of necessity depend on the facts and circumstances of each particular case and what may superficially appear to be an unequal application of the law may not necessarily amount to a denial of equal protection of law unless there is shown to be present in it an element of intentional and purposeful discrimination. .....

Suresh S/O Ramchand Gajbhiye and Others Vs. the Municipal Council and ...

Court : Mumbai

Reported in : AIR2000Bom148; 2000(1)ALLMR502; 2000(4)BomCR203; 2000(2)MhLj76

..... of the powers conferred by section 2 of the central provinces and berar letting of accommodation act, 1946 made the order entitled as 'central provinces and berar letting of houses and rent control order, 1949 providing certain protections to the tenants which is intended to benefit the tenants at large and safeguard their interest by making provisions debarring the landlords from making the demand for any premium as a condition precedent to letting the house, further ..... it is also specifically observed that the two classes of tenants are not by force of circumstances placed on equal footing and the tenants of the government or local authority or the board cannot, therefore, complain of any denial of equality before the law or of equal protection of the law. 11. ..... substantial and must bear some just and reasonable relation to the object of the legislation and therefore, mere differentiation or inequality of treatment or inequality of burden does not per se amount to discrimination within the inhibition of the equal protection clause. ..... it denies equal protection only when there is no reasonable basis for the differentiation. 8. ..... as referred above primarily on the ground that the tenants in occupation of the tenements belonged to the state government or local authority being exempted from the operation of the rent control order, 1949, were deprived of the protection provided to the similarly situated other ten-ants in occupation of the houses belonging to the private individuals. .....

T.S. Natraj Vs. Union of India and ors.

Court : Karnataka

Reported in : (1985)48CTR(Kar)88; ILR1985KAR1543; [1985]155ITR81(KAR); [1985]155ITR81(Karn)

..... 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 favouritism. ..... , 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 ..... to which we must, therefore, address ourselves is whether the classification made by the act in the present case satisfies the aforesaid test or it is arbitrary and irrational and, hence, violative of the equal protection clause in article 14. ..... 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 person under like ..... 1108) : 'in other words, the auditing was intended for protection of the beneficiaries and the auditor was expected to examine the accounts maintained by the trustees with a view to inform the beneficiaries of the true .....

Sujatha Touring Talkies and ors. Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : AIR1986Kant21; ILR1985KAR2477

..... 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. ..... 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 ..... proceeds to classify the 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. ..... . besides, the restrictions so placed are arbitrary and unreasonable, not conceived in the interest of general public but conceived primarily to protect the interest of the permanent cinema operators in the state, who are the rivals of the owners of the touring cinemas, in the trade and ..... constitution and those restrictions are not conceived in the interest of the general public but are concerned in protecting the interests of permanent cinema theatre owners and, is therefore, liable to be struck down as offending ..... it is a pledge of the protection of equal laws, that is, laws that operate alike on all .....

Association of A.P. Sajjada Nasheens, Mutawallies and Khidmat Guzaran ...

Court : Andhra Pradesh

Reported in : 2010(1)ALT112

..... statute itself makes a discrimination on the basis of monetary consideration, the statue would be invalidated for being in conflict with the equal protection clause, and the plea that the provision is actually working out for the benefit of the wakf would not be a ..... who makes a gift in favour of what he believes to be the advancement of his religion and the welfare of his community or mankind.these observations do, in our opinion, afford an indication of the measure of protection that is given by article 26(b) of our constitution.thus, the matters of religion and those of secular administration of religious properties clearly made out and stand on a different footing and with respect to the latter the ..... confederation of ex-servicemen, after considering leading cases on equal protection clause enshrined in article 14 of the constitution, ..... be dealing equally with the members of a well defined class, it cannot be held to be discriminatory on the ground of not providing equal protection being allegedly ..... 14 of the constitution guarantees equality before the law and confers equal protection of laws. ..... 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 ..... to equality not only means right not to be discriminated against but also protection against .....

Asiatic Engineering Co. Vs. Achhru Ram and ors.

Court : Allahabad

Reported in : AIR1951All746

..... our constitution lays down two things : it enacts that:'the state shall not deny to any person (1) equality before the law or (2) the equal protection of the laws within the territory of india,' obviously, these two phrases have different meanings to some extent. ..... this being the position in regard to the equal protection clause, let us examine the grievance of ..... the guarantee of equal protection is not to be understood, therefore, as requiring that every person in the land shall possess precisely the same rights & privileges as ..... 'equal protection ..... argument has more directly centred round the question of the meaning to be attached to the words 'equal protection of laws. ..... ' professor dicey contrasts it with the idea of droit administratif, or administrative law, which exists in many continental countries & concluded that by the expression 'equality before the law' which is one of the features of the rule of law, is meant, the equal subjection of all classes to the ordinary law of the land administered by the ordinary law courts; the 'rule of law' in this sense excludes the idea of any exemption of officials or others from the duty ..... regard to the reasonableness or otherwise of a classification, is objective & not purely subjective, it is only in the-clearest cases that courts could be justified, if at all, in jumping to the conclusion that the equality clause is offended because of some classification which the state has made either for political^ economic security or safety reasons.78. .....

Lachmandas Kewalram Ahuja and anr. Vs. the State of Bombay

Court : Supreme Court of India

Reported in : AIR1952SC235; 1952CriLJ1167; [1952]1SCR710

..... if this is the position when the law of procedure is altered by statute, why should the position be different when the act prescribing the discriminatory procedure becomes void by reason of its repugnancy to the equal protection clause of the constitution although the substantive rights and liabilities acquired or accrued before the date of constitution remain enforceable, as held in keshavan madhava menon's case, nobody can claim, after that date, that those ..... police safety measures act, 1947, or, at any rate, that part of section 12 of that act which authorises the state government to direct specific 'cases' to be tried by a special judge appointed under that act, offends against the equal protection of law guaranteed by article 14 of the constitution and is as such void under article 13 on the principle laid down by this court in that cases of the state of west bengal v. ..... on and after 26th january, 1950, the appellants, no doubt, had the right to the equal protection of 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 procedural, to all persons ..... i have assumed that such departure from the normal procedure as were still applicable to what remained of the appellants trial after the 26th january, 1950, were so materially prejudicial to them as to amount to a denial of the equal protection of the laws within the meaning of article 14 of the constitution. .....