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1 - 10 of 44 (0.40 seconds)Article 16 in Constitution of India [Constitution]
Section 12 in The Electricity Act, 2003 [Entire Act]
Article 226 in Constitution of India [Constitution]
Article 15 in Constitution of India [Constitution]
Shri Ram Krishna Dalmia vs Shri Justice S. R. Tendolkar & ... on 28 March, 1958
"11. The decisions clearly lay down that though Article 14
forbids class legislation, it does not forbid reasonable
classification for the purpose of legislation. In order,
however, to pass the test of permissible classification, two
conditions must be fulfilled viz. (i) that the classification
must be founded on an intelligible differentia which
distinguishes persons or things that are grouped together
from those that are left out of the group; and (ii) that that
differentia must have a rational relation to the objects
sought to be achieved by the statute in question (see Ram
Krishna Dalmia v. Justice S.R. Tendolkar [AIR 1958 SC
538 : 1959 SCR 279, 296 : 1959 SCJ 147] ). The
classification may be founded on differential basis
according to objects sought to be achieved but what is
implicit in it is that there ought to be a nexus i.e. causal
connection between the basis of classification and object of
the statute under consideration. It is equally well settled
by the decisions of this Court that Article 14 condemns
discrimination not only by a substantive law but also by a
law of procedure."
M/S. Kusum Ingots & Alloys Ltd vs Union Of India And Anr on 28 April, 2004
9. We have considered the judgment rendered in
Kusum Ingots & Alloys Ltd. Vs. Union of India &
Anr. (supra), reliance upon which has been placed by
learned counsel for the respondents, and found
therefrom that the appellant, a company registered
under Indian Companies Act having its registered office
at Mumbai, got a loan from the State Bank of India,
Bhopal Branch. Respondent no. 2 therein issued a
notice for repayment of said loan from Bhopal
purported to be in terms of provisions of Securities and
Reconstruction of Financial Assets and Enforcement of
Security Interest Act, 2002 (hereinafter referred to as
'SARFAESI Act, 2002'). Questioning the vires of the said
Act, a writ petition was filed before the Delhi High
Court by the appellant, which was dismissed on the
ground of lack of territorial jurisdiction.
S.M.D. Kiran Pasha vs Government Of Andhra Pradesh And Ors on 9 November, 1989
The reference of the judgment rendered by
Hon'ble Apex Court in S.M.D. Kiran Pasha Vs.
Government of Andhra Pradesh & Ors. (supra),
reliance upon which has been placed by learned
counsel for the petitioners, is also required to be made
wherein it has been laid down as under paragraph 14
that the right to life and personal liberty has been
guaranteed as a fundamental right and for its
enforcement one could resort to Article 226 of the
Constitution for issuance of appropriate writ, order or
direction. Answering the question that precisely at what
stage resort to Article 226 has been envisaged in the
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Constitution, it has been held that when a right is so
guaranteed, it has to be understood in relation to its
orbit and its infringement. Conferring the right to life
and liberty imposes a corresponding duty on the rest of
the society, including the State, to observe that right,
that is to say, not to act or do anything which would
amount to infringement of that right, except in
accordance with the procedure prescribed by law. In
other words, conferring the right on a citizen involves
the compulsion on the rest of the society, including the
State, not to infringe that right.
The State Of West Bengal vs Anwar Ali Sarkar on 11 January, 1952
In the case of State of West Bengal Vs. Anwar
Ali Sarkar (supra) the Hon'ble Apex Court has held
that to pass the test, two conditions must be fulfilled,
namely, (1) that the classification must be founded on
an intelligible differentia which distinguishes those that
are grouped together from others; and (2) that
differentia must have a rationale relation to the object
sought to be achieved by the Act. Thus, the differentia
which is the basis of the classification and the object of
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the Act are distinct things and what is necessary is that
there must be a nexus between them. The test must be
reasonable and not the arbitrary and irrational.