Court : Allahabad
Reported in : AIR1958All514; 1958CriLJ842
..... for the appellants has argued that section 27 of the indian evidence act creates an inequality before the law, or the equal protection of the laws, and is therefore ultra vires of article 14 of the constitution which enjoins 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.as a part of his argument learned counsel for the appellants has adopted the ..... , in declaring that no state shall deny to any person within its jurisdiction the equal protection of the law undoubtedly intended that equal protection & security should be given to all under like circumstances in the enjoyment of their personal and civil rights; and that they should have like access to the courts of the country for the protection of their persons and property, and the prevention and redress of wrongs.it was further ..... not be open to the charge of denial of equal protection on the ground that it has no application to ..... the guarantee of the equal protection of the laws means the protection of equals. ..... (6) 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 ..... such statement as relates to any discovery relevant to the case made in consequence of such information, may be received though the rest is excluded.the law contained in section 27 deals equally with all those who are placed in the circumstance envisaged by that section. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1954All655
..... 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 intelligible differentia having a reasonable relation to the legislative purpose. ..... punishment, or, the case is of such a nature or complexity that it should be tried by a regular court.the fact that, in such cases, the trial is by a different court under a different procedure does not however offend against equal protection clause as there is a rational basis and a reasonable classification which distinguishes such cases from cases which continue to be triable by the panchayati adalats.5. ..... state of west bengal : 1953crilj1621 , held :'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 ..... this brings in the question of classification, as there is no infringement of the equal protection rule, if the, law deals alike with all of a certain class the legislature has the undoubted right of classifying persons and placing those whose conditions are substantially similar under the same rule of .....
Tag this Judgment!Court : Chhattisgarh
Reported in : AIR2006Chh52; 2006(3)MPHT42(CG)
..... 609, the supreme court held that differential treatment denies equal protection only when there is no reasonable basis for ..... takes care to reasonably classify per-sons for legislative purpose and if it deals already with all person 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 ..... 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 ..... is challenged as violative of article 14, it can be struck down only if it is found that it is violative of the equality clause/equal protection clause enshrined therein ..... . 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 ..... the maxim ubi jus ibi remedium would contend that though right to property is no longer a fundamental right still it is a constitutional right guaranteed and protected under article 300a of the constitution and, therefore, a citizen should have a legal remedy to protect his property against the wrong action of the state and state authorities, instrumentalities of the state and other authorities by seeking appropriate legal remedies before ..... inequality of burden does not per be amount to discrimination within the inhibition of the equal protection clause .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1957P& H110; 1957CriLJ659
..... , and the government has been given the absolute discretion to make a decision in this respect, therefore if any disadvantage attaches to one kind of trial, the person aggrieved may genuinely complain that he has been denied equal protection of the laws in that there is no basis for classification (and the government has been given the discretion to choose) but would be .subjected to a more disadvantageous procedure. 9. ..... trial under the prevention of corruption act entails certain disadvantages which result in the denial of equal protection of the laws, and therefore the relevant provision of the act offends against article 14 of the constitution. ..... therefore there is no real difference, and in any event a person who is being tried under the prevention of corruption act cannot have any grievance and cannot complain that he has been denied equal protection of laws by being subjected to a harsher treatment under the special law. 13. ..... the advantages against a single disadvantage, it seems to me that the scales incline slightly in favour of advantages and it therefore cannot be said that a person tried under the prevention of corruption act for an offence defined in section 5(1)(c) is denied equal protection of the laws. ..... , was valid despite the existence of section 5 of the prevention of corruption act because the charge under section 409 indian penal code, did not involve any disabilities or disadvantages which would be construed into a denial of equal protection of the laws. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC1581; (1967)69PLR781; [1967]3SCR399
..... . supreme court held that employers were not denied the equal protection of the laws because an employee injured in course of his employment had open to him three avenues of redress under three (1) [1960] ..... . the revenue recovery acts do not deny the equal protection of the laws because the government has the free choice of recovering its revenue either by a suit or by a proceeding under ..... held that the two classes of tenants were not, therefore, similarly situated and were not, by force of circumstances, placed on an equal footing and, therefore, there was no denial of equality before law or of .equal protection. ..... guarantee of equality before law and equal protection under art ..... contended in the high court (1) that the act discriminated between the occupants of public premises and those of private property and also discriminated between the former inter se and, therefore, infringed their right of equality before law and equal protection under art. ..... . he is not denied the equal protection of the laws because the government has the option of proceeding against him either by a suit or under ..... it is established that the person complaining has been discriminated against as a result of legislation and denied equal privileges with others occupying the same position it would be enough to make such a law violative of ..... . others(1) and deny the protection of the rent act to tenants of premises belonging to the government while extending its protection to the government, see baburao shantaram .....
Tag this Judgment!Court : Delhi
Reported in : AIR1997Delhi175; 1996(39)DRJ205
..... , air 1961 sc 45 (or 1245) had clearly enunciated that the concept of equal protection of laws postulates in the application of the same laws alike and without discrimination to all persons similarly ..... 14 speaks of equality before the law and equal protection of the laws. ..... every citizen is equal before the law and he is entitled to equal protection of the laws to persons and situations of the like ..... article 14 guarantees equality before the law and equal protection of the laws against every state ..... the guarantee of equal protection of law is available against every state ..... [1969]3scr865 , the court while interpreting article-14 has mentioned that article 14 of the constitution ensures equality among equals; which is to protect persons similarly placed against discriminatory treatment.26. ..... should be made to truncate its all-embracing scope and meaning, for to do so would be to violate its activist magnitude, equality is a dynamic concept with many aspects and dimensions and it cannot be imprisoned within traditional and doctrinaire limits. ..... to enter into advantageous relations with the government because of the order of black-listing -- a citizen has a right to claim equal treatment to enter into a contract which may be proper, necessary and essential to his lawful calling -- it is true that neither the petitioner nor the respondent has any right to enter into acontract but they are entitled to equal treatment with others who offer tender or quotations for the purchase of the goods. .....
Tag this Judgment!Court : Delhi
Reported in : 120(2005)DLT156; 2005(82)DRJ459
..... the agony of the people effected would have known no bounds in as much as there are allegations and instances to the effect that the protectors of life, society and property completely failed in discharge of their duty to protect and, if did not actually perpetrate the crime, acted in their promotion and tacit support to the unruly mobs.noticing the turmoil, tragedy and loss suffered by mankind, anil dev singh, j in his judgment reported at ..... the petitioner was denied the equal protection of law by the machinery of the state as was constitutionally guaranteed to the petitioner under ..... is entitled to equality before the law and equal protection of the laws. ..... equality before law and equal protection of laws is ensured to them by article 14 of the constitution ..... state government worth the name can tolerate such threats by one group of persons to another group of persons; it is duty bound to protect the threatened group from such assaults and if it fails to do so, it will fail to perform its constitutional as well as statutory obligations ..... loved ones being killed before the eyes of the surviving victims may perhaps never be extinguished and undoubtedly the feeling of anger against the state which failed to take any action for the protection and preservation of life, limb and property of the riot victims shall never cease.22. ..... : [1996]1scr278 , the supreme court held that the state is bound to protect the life and liberty of every person and it cannot permit any body or group of persons to .....
Tag this Judgment!Court : Delhi
Reported in : 62(1996)DLT313
..... at all be countenanced because a person who seeks equity must do equity and it is a basic principle of law no man can take advantage of his own wrong and it is submitted that the constitution seeks to protect under article 14 only those persons who have been discriminated or denied equal protection or who deserve succour against arbitrary actions of the authorities and article 14 is not intended ..... in that circumstance, the supreme court observed that denial of equal protection flowed from state action and had the direct impact on the fundamental ..... the rule of equality before the law or of the equal protection of the laws under article 14 cannot be ..... no doubt, equal protection can be denied as much by the administration of a law as by legislation in any event if the appellants have failed to bring their case within section 56 of the act then merely because some other party ..... senior counsel contended that the parties are guilty of civil contempt and they cannot rely upon the sale deeds and then seek to protect a case that they were not aware of the orders passed by this court and they are all bona fide purchasers for value ..... construction, instead of permissible two and a half floors, about five floors have been constructed, a person would not be entitled to approach this court and invoke the writ jurisdiction to protect such unauthorised construction, assuming one statutory authority (dda) has jurisdiction over land underneath and not the other (mcd), to initiate demolition action. .....
Tag this Judgment!Court : Gujarat
Reported in : (1971)12GLR1041
..... accept the submission of the learned counsel for the respondents-accused that sub-section (3) of section 417 offends the equal protection clause embodied in article 14 and is on that account ultra vires the constitution of india. ..... application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the high court.counsel argues that it denies equal protection of laws to the accused and thereby offends the equal protection clause embodied in article 14 of the constitution of india. ..... to accede to the argument that sub-section (3) of section 417 offends the equal protection clause enshrined in article 14 of the constitution of india.5. ..... the question is, does it constitute denial of equal protection to the accused or does it introduce hostile discrimination and does it treat persons who are ..... constitutes denial of equal protection before the law ..... results in denial of equal protection of laws to the ..... contend that persons who are accused of a cognizable offence do not receive equal protection of laws. ..... constitutes denial of equal protection of laws. ..... operate to deny equal protection to an accused ..... in regard to all those persons who are accused of a criminal offence of a cognizable nature, they are given equal treatment inasmuch as wherever such a prosecution has been commenced by institution of a complaint before a magistrate, recourse to sub-section (3) of section 417 for subjecting the order of .....
Tag this Judgment!Court : Mumbai
Reported in : [1967]37CompCas171(Bom)
..... this singling out of the 5th respondent-company and varying the terms and conditions of its agreement with the petitioner-company amounts to a denial to the petitioner-company of equal protection of law and constitutes gross act of discrimination. ..... in order that a statute should offend against the equal protection clause contained in article 14, it must make a distinction or discrimination between two parties, who are equally situate or in equal circumstances. ..... central government, and upon the company law board under the relevant notification, under section 294(5)(a) to vary the terms and conditions of appointment of sole selling agents is violative of equality before law and equal protection of laws guaranteed by article 14. ..... the central government or the company law board to discriminate one party to a contract against the other in the aforesaid manner, the section should be stuck down as offending the fundamental right of equal protection of law guaranteed under article 14. ..... the parties to a sole selling agency agreement which comes within the mischief of section 294(5)(c) cannot be said to be similarly circumstanced and, therefore, there is no question of the said section offending the equal protection clause contained in article 14. 13. mr. ..... and without reference to the interests of th sole selling agent and, such distinction and classification between the two contracting parties being unreasonable, the same offends against the equal protection of law guaranteed by article 14. .....
Tag this Judgment!