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Equality of opportunity for all citizens

Equality of opportunity for all citizens, Clause (1) of Article 16 clearly provides for equality of opportunity to all citizens in the services under the State. It is important to note that the Constitution uses the words 'equality of opportunity for all citizens.' This inherently implies that the opportunity must be given not only to a particular section of the society or a particular class of citizens who may be advanced or otherwise more affluent but to all classes of citizens. This, therefore, can be achieved by making a reasonable classification so that every class of citizens is duly represented in the services which will enable equality of opportu-nity to all citizens. The classification, however, must be a reasonable one and must fulfil the following conditions:(i) it must have a rational basis;(ii) it must have a close nexus with the object sought to be achieved;(iii) it should not select any person for hostile discrimination at the cost of others, State of Kerala v. N.M. Thom...


By way open to all traffic

By way open to all traffic, requires evidence of current vehicular use, that this section requires the combined pedestrian and equestrian use of the route to outweigh the vehicular use, but does not require that there should be both pedestrian and equestrian use, but that, although there was evidence of the requisite current use of the route, Buckland v. Secretary of State for the Environment and Transport and the Regions, (2000) 1 WLR 1449 (QB).By way open to all traffic, is a highway over which the public had a right of way for vehicular and all other kinds of traffic, but which was used by the public mainly for the purposes for which footpaths and bridleways were so used, Masters v. Secretary of State for the Environment Transport and the Regions, (2000) 3 WLR 1894 (CA).Means a highway over which the public has right of way for vehicular and all other kinds of traffic, but which is used mainly for the purpose for which footpaths and bridle ways are so used, Halsbury's Laws of Englan...


In all respects

In all respects, means in a contract, by the owner of a park, allowing the car owners to park their cars in the private property of the park-owner, he stipulated that he would not be responsible for the safe custody of any cars or articles therein nor for any damage to the cars or articles, however caused, nor for any injuries to any persons, all cars being left in all respect entirely at their owners.The expression 'in all respects' was interpreted wide enough to show that whatever might be done with regard to that car, the owner took the risk of its happening or of its being done. The position, therefore, would be that he should not hand over the car to any body but the true owner, and if the servant in the performance of the duty performs it negligently, and, acting under a misapprehension which a little more care might have prevented, hands over the car to the wrong person, that is one of the risks which on the true construction of documents, the car-owner took, Asbhy v. Tolhurst, ...


All Fours

All Fours, a case agreeing in all its circumstances with another case is sometimes said to be 'on all fours' with it. Nullum simile est idem, nisi quatuor pedibus currit, Co. Litt. 3. (Nothing similar is the same, unless it runs on all fours with it.)...


All Laws in force

All Laws in force, means existing Laws, Kunga Nima Lepiha v. State of Sikkim, AIR 2006 Sikkim 1.--the expression 'all laws in force' means all existing laws, State of Sikkim v. Surendra Prasad Sharma, (1994) 5 SCC 282 (299): AIR 1994 SC 2352. [Constitution of India, Art. 371-F (12) & (l)]...


Once and for all

Once and for all, the expression 'once and for all' was used to denote an expenditure which is made once and for all for procuring an enduring benefit to the business as distinguished from a recurring expenditure in the nature of operational expenses, CIT v. Coal Shipment (P) Ltd., AIR 1972 SC 541: (1971) 3 SCC 736: (1972) 1 SCR 1089....


In all

In all, the words 'in all' which occur in clause (a), must be resolved by having regard to the underlying legislative purpose of the provisions contained in Chap. VIII of the Act which deals with third party risks. That is a sensitive process which has to accommodate the claims of the society as reflected in that purpose. Indeed, it is in this area of legislative ambiguities, unfortunately not receding, that Courts have to fill gaps, clear doubts and mitigate hardships, Motor Owners' Insurance Company Limited v. Jadavji Keshavji Modi, AIR 1981 SC 2059: (1981) 4 SCC 660: (1982) 1 SCR 860. [Motor Vehicles Act (4 of 1939), s. 95(2)(9)]...


In supersession of all existing orders on the subject

In supersession of all existing orders on the subject, 'in supersession of all existing rules and orders on the subject' can only refer to those matters in the existing rules which correspond to the matters dealt with by the 1950 Rules, Om Prakash Shukla v. Akhilesh Kumar Shukla, AIR 1986 SC 1043: 1986 Supp SCC 285: (1986) 1 SCR 855....


Shall not exceed two in all the Government Medical Colleges

Shall not exceed two in all the Government Medical Colleges, means reservation of two seats for children of Central Government servants trans-ferred to State of Maharashtra from outside the State in each Medical College in the State and not two in all the Government Medical College in the State taken together, Suneeta Ramchandra v. State of Maharashtra, AIR 1986 SC 1552....


All sorts

All sorts, the words 'all sorts' have been used to make it clear that 'vegetable non-essential oils' whether raw or refined and from whatever raw material produced will be liable to excise duty. Refined oil is one sort; raw oil is another sort, Union of India v. Delhi Cloth and General Mills, AIR 1963 SC 781 (795). [Control Excise and Salt Act, (10 of 1944) Sch. I item 12...


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