Court : Supreme Court of India
Reported in : AIR1954SC92; (1954)IMLJ314(SC); [1954]1SCR587
..... purchaser is left free in other respects to continue in enjoyment of the property as before. in other words, what the amending act seeks to do is to enlarge the scope of the protection provided by the exception in the old section, as it was found to be inadequate, while conferring certain compensating benefits on ..... or permissible then we might as well have said, as indeed we were asked to say, that article 21 reproduced the american constitutional limitations against deprivation of life and personal liberties and that, therefore, the expression 'procedure established by law' to be found in article 21 meant exactly what the expression 'due process of ..... police power by the state through its executive or legislative limb. but article 21, as already observed, only protects him from deprivation of life and personal liberties. where, then, is the non-citizen's protection against deprivation of his property by the exercise of police power by the executive government. it is nowhere unless article .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1954SC153; (1954)56BOMLR286; [1954]1SCR572
..... section 3-a which exempts lands or buildings belonging to or vested in the board from the operation of the bombay rent act offends against the equal protection clause of the constitution. he points out that there are in bombay numerous co-operative housing societies incorporated under the co-operative societies act which are similarly ..... petitioner in the court of small causes at bombay to recover possession of the premises in his occupation. the petitioner took the plea, inter alia, that he was protected by the bombay rents, hotel and lodging house rates control act, 1947 (act lvii of 1947) popularly called the bombay rent act. the board, however, contended ..... of section 4 and further that section was unconstitutional in that it offended against the equal protection clause of the constitution. during the pendency of the proceedings in the court of small causes the bombay housing board act was amended by the bombay housing (amendment) act (act xi of 1951). section 3-a which was added by the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1954SC119; (1954)56BOMLR681; [1954]24CompCas103(SC); (1954)IMLJ355(SC); [1954]1SCR674
..... the property were outside the fundamental right guaranteed by article 31(2). it was suggested that the scope of the protection given to private property by our constitution was no as large as it was contained in the fifth amendment of the constitution of the united states of america. according to the learned attorney-general, the true content of the ..... make - (i) for the purpose of imposing or levying any tax or penalty, or (ii) for the promotion of public health or the prevention of danger to the life or property, or (iii) in pursuance of any agreement entered into between the government of the dominion of india or the government of india and the government of any other ..... of laws made for the purpose of imposing or levying any tax or penalty and the laws made for promotion of public health or the prevention of danger to life or property, but it has also saved from the mischief of the clause the provisions of all existing laws which may be construed as amounting to deprivation of property .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1954SC297; [1954]1SCR996
..... was contended that this feature of the judicial system of missouri was in conflict with the 14th amendment of the constitution of the united states. bradley j. held that the equality clause in the 14th amendment contemplates the protection of persons against unjust discriminations by a state; it has no reference to territorial or municipal arrangements ..... well be made on a geographical basis. there the muslim abducted persons found in those states were held to form one class having similar interests to protect and their inclusion in the definition of abducted persons could not be called discriminatory. 13. the learned attorney-general referred to two cases decided by the ..... when the rights or liabilities accrued and the proceeding commenced was a reasonable law founded upon a reasonable classification of the assessees which is permissible under the equal protection clause.' such is however not the case here. 12. reliance was also placed on the case of the state of punjab v. ajaib singh and .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1954SC375; 1954CriLJ993; (1954)IMLJ702(SC); [1954]1SCR1150
..... and the point that requires determination is, whether the petitioner can be said to have satisfied all the conditions that are necessary to enable him to claim the protection of article 20(2). the charges, upon which the petitioner is being prosecuted now, are charges under section 161 and 165 of the indian penal code and ..... make it immune from legislative interference. this has been left to be regulated by the general law of the land. in order to enable a citizen to invoke the protection of clause (2) of article 20 of the constitution, there must have been both prosecution and punishment in respect of the same offence. the words 'prosecuted and ..... convict'. the corresponding provision in the federal constitution of the u.s.a. is contained in the fifth amendment, which provides inter alia : 'nor shall any person be subjected for the same offence to be put twice in jeopardy of life and limb'. this principle has been recognised and adopted by the indian legislature and is embodied in the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1955SC13; [1954]26ITR713(SC); [1955]1SCR787
..... extent, evaded payment of taxation on income. the date for making the reference was subsequently extended to 1st of september, 1948. by an amendment act passed in 1948 it was provided that the life of the commission, in the first instance, would be up to the 31st of march, 1950, but that it could be further extended ..... the implication of the article is that all litigants similarly situated are entitled to avail themselves of the same procedural rights for relief, and for defence with like protection and without discrimination. the procedural provisions of act xxx of 1947 had therefore to stand the challenge of article 14 and could only be upheld provided they withstood ..... petitions, as originally drafted, the provisions of section 5(1) of act xxx of 1947 were impugned on the ground that they contravened the guarantee of equal protection of the laws enacted in article 14 of the constitution and for that reason the commission had no jurisdiction to deal with the cases of the petitioner by .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1955SC155; 1955CriLJ342; [1955]1SCR1025
..... after the coming into force of the constitution, open to the charge of being obnoxious to the equal protection clause embodied in article 14 of the constitution. 10. this defect was removed and the chance of discrimination eliminated by the amending ordinance viii of 1952, which was afterwards enacted into act xii of 1952. section 4 of the ..... the act provides as follows : 'nothing in this act shall apply to any proceeding pending on the date of the commencement of the west bengal criminal law amendment (special courts) amending ordinance 1952 in any court other than a special court' 8. mr. dutt contends that the present case is nothing but a continuation of the original ..... of whom has died since then, were placed on trial before the first special tribunal, calcutta, which was one of the tribunals constituted under the criminal law amendment ordinance xxix of 1943 passed by the governor-general of india under section 72 of the government of india act, 1935, on charges of bribery as also of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1955SC504; [1955]2SCR303
..... recognised as sovereign on the well accepted principles of international law was itself a question on which juristic opinion was adverse to such recognition. (see mr. lee warner, protected princes of india, 1894 edn., chapter xiii, section 150, pages 373-376). but those states at least had each a distinct persona with a ruler who possessed executive ..... the bill for further consideration by the house but one refusing assent. it is true that the deputy secretary sent a communication to the rajasthan government suggesting some amendments. but this does not alter the character of the order of the president as one withholding assent. and finally the bill which was submitted again to the ..... obligations imposed by the grant. it can be resumed for rebellion or disloyalty or for the commission of serious crimes. and again, jagir was originally only a life grant and when the holder died, it reverted back to the state and succession to the estate was under a fresh grant from the state and not by .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1955SC661; [1955]2SCR603; [1955]6STC446(SC)
..... in article 286(1) . they had nothing in common with the provision contained in article 286(1)(a) . 126. the third restriction was devised to protect inter-state trade or commerce and covered transactions of sale or purchase of any goods where such sale or purchase took place in the course of inter-state ..... decision in constitutional questions. however, when convinced of former error, this court has never felt constrained to follow precedent. in constitutional questions, where correction depends upon amendment and not upon legislative action this court throughout its history has freely exercised its power to re-examine the basis of its constitutional decisions. this has long ..... goods themselves are they placed a fourth restriction on the states' power of imposing tax on sales or purchases of goods declared to be essential for the life of the community. these several bans may overlap in some cases but in their respective scope and operation they care separate and independent. they deal with .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1956SC116; 1956CriLJ291; (1956)IMLJ100(SC); [1955]2SCR1140
..... there is prejudice. it is the substance that we must seek. courts have to administer justice and justice includes the punishment of guilt just as much as the protection of innocence. neither can be done if the shadow is mistaken for the substance and the goal is lost in a labyrinth of unsubstantial technicalities. broad vision is required ..... negative terms is not the true criterion. 19. it is possible (though we need not so decide in this case) that the recent amendment to section 537 in the code of criminal procedure (amendment) act xxvi of 1955, where misjoinder of charges has been placed in the curable category, will set at rest the controversy that has raged ..... no common object to kill, so all the accused were acquitted under section 149. but the evidence disclosed that the appellant had himself made an attempt on the life of one man and had himself shot another dead. accordingly, the high court convicted him under sections 307 and 302 of the indian penal code respectively, though there .....
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