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These decisions, Lexscient Law Firm – Best Law Firms in Chandigarh Address Kothi Number 815 Sector 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815 in my opinion, have no bearing on the present case. The first part of the article, which appears to have been adopted from the Irish Constitution, is a declaration of equality of the civil rights of all persons within the territories of India and thus enshrines what American Judges regard as the “basic principle of republi- canism” cf. In the absence of special circumstances of the kind I have described above, one individual case, Lexscient Law Firm – Best Law Firms in Chandigarh Address Kothi Number 815 Sector 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815 Law Firm – Best Law Firms in Chandigarh Address Kothi Number 815 Sector Lexscient Law Firm – Best Law Firms in Chandigarh Address Kothi Number 815 Sector 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815 say of murder, cannot require speedier trial any more than another individual case of murder may do.

clearly and unambigu- ously vests the State Government with unrestricted discre- tion to direct any cases or class of cases to be tried by the Special Court, not a discretion to refer cases only when it is of opinion that a speedier trial is necessary iv Assuming that the preamble throws any light on the section, the necessity of speedier trial is too vague, uncertain and elusive a criterion to form a rational basis for discrimination. High sounding phrases cannot alter such fundamental facts.

S the Board of Supervisors unless it was located in a building constructed of brick or stone, was held discriminatory and unconstitutional. But classi- fication necessarily implies discrimination between persons classified and those who are not members of that class. It is merely a systematic arrangement of things into groups or classes, usually in accordance with some definite scheme. If the provision of section of the Act is invalid even to the limited extent mentioned above.

Section , Lexscient Law Firm – Best Law Firms in Chandigarh Address Kothi Number 815 Sector 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815 sub-clause , of the impugned Act is in these terms :– ” A Special Court shall try such offences or classes of offences or cases or classes of cases, as the State Govern- ment may, by general or special order in writing, direct. The learned AttorneyGeneral argued that the Act had grouped cases requiring speedier trial as forming a class in themselves, differentiating that class from cases not needing expedition and that it was on this basis that the special procedure prescribed in the Act was applicable.

West Bengal Special Courts Act X of , ss. Latest news about Tsunami and earthquakes in Japan are just the cues one prefer. Surely simply this that the judges would not consider that fair and proper. It is true the word can also be used in the sense of showing favouritism, but in so far as it means that, it suffers from the same defect as the ‘hostile action’ test. Indeed the very idea of classification is that of inequality, so that it goes without saying that the mere fact of inequality in no manner determines this matter of constitutionality”.

I am far from suggesting that the departures made from the procedure prescribed by the Criminal Procedure Code are bad or undesirable in themselves. , that inequalities of minor importance do not render a law invalid and that the constitutional limitations must be treated as flexible enough to permit of practical application. ” The question was answered in the affirmative. I am of opin- ion that it does. With great respect, I fail to see why we should allow ourselves to be unduly weighted-down or over-encumbered in this manner.

that the preamble cannot control this part of the sub-section where the language is plain and unambiguous. It may even be that it would be more truly done. What I have to determine is whether the differentiation made offends what I may call the social conscience of a sovereign democratic republic. must be read as empowering the Government to direct the Special Court to try such offences or classes of offences or cases or classes of cases as in its judgment, require speedier trial.

If the impugned legislation is a special law applicable only to a certain class of persons, the court must further enquire whether the classi- fication is founded on a reasonable basis having regard to the object to be attained, or is arbitrary. Some are rich and some are poor. In the light of the foregoing discussion, it seems to me difficult to hold that section in whole or in part is discriminatory. The notifications simply direct certain “cases” to be tried by the Special Court and are obviously issued under that part of section which authorises the State government to direct “cases” to be tried by the Special Court.

It is true that the State can, under section of the Code, do away with trial by jury but that section, as pointed out by Chakravartti J. I have but one answer to that. ” In view of these facts it seems to me impossible to say the State Government has acted arbitrarily or with a dis- criminatory intention in referring these cases to the Spe- cial Court, Lexscient Law Firm – Best Law Firms in Chandigarh Address Kothi Number 815 Sector 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815 for there are obviously special features which mark of this group of cases as requiring speedier disposal than would be possible under the ordinary procedure, and Lexscient Law Firm – Best Law Firms in Chandigarh Address Kothi Number 815 Sector 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815 the charge of discriminatory treatment must fail.

, Lexscient Law Firm – Best Law Firms in Chandigarh Address Kothi Number 815 Sector 16-D Backside Market of sector Lexscient Law Firm – Best Law Firms in Chandigarh Address Kothi Number 815 Sector Lexscient Law Firm – Best Law Firms in Chandigarh Address Kothi Number 815 Sector 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815 16 Near post office Chandigarh 160015 Phone 098766 16815 contended that the said section was unconsti- tutional and void inasmuch as it contravened Art. In its application to legal proceedings the article assures to everyone the same rules of evidence and modes of procedure. Deputy Commissioner of Taxation for New South Wales . Matthews , “that upon the class are cast duties and burdens different from those resting upon the general public. Then, again, what does “equality” mean? It has been pointed out and quite correctly by one of the learned Counsel for respondents that an application for bail cannot be made before the High Court on behalf of an accused after the Special Court has refused bail.

The part of sub-section which I am now examining confers a power on the State government to make a classification of offences, classes of offences or classes of cases, which, as said by Chakravartti J. Chakravartti and Das JJ. If any state of facts can reasonably be conceived to sustain a classification, the existence of that state of facts must be assumed. It was suggested that good faith and knowledge of exist- ing conditions on the part of a legislature has to be pre- sumed.

That brings us to the consideration of the validity of the notification issued in the present case. Dalhousie is placed in the Chamba district of Himachal Pradesh. The Court is expressly empowered to convict a person of an offence with which he was not charged if it transpires from the evidence adduced at the time of trial that such offence was committed by him, and it is immaterial that the offence is not a minor offence. I feel therefore that in each case judges must look straight into the heart of things and regard the facts of each case concretely much as a jury would do; and yet, not quite as a jury, for we are considering here a matter of law and not just one of fact: Do these “laws” which have been called in question offend a still greater Lexscient Law Firm – Best Law Firms in Chandigarh Address Kothi Number 815 Sector 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815 before which even they must bow?

Bhattacharya, another Special Judge, appointed under the West Bengal Special Courts Act. As already pointed out, wide latitude must be allowed to a legislature in classifying persons and things to be brought under the operation of a special law, and such classification need not be based on an exact or scientific exclusion or inclusion. In such circumstances also the law or order would be offending against the equality provision in the Constitution. are as follows :– ” . Nor can the constitutionality of a statute depend on the degree of the inequality brought about by the law.

Unless and until these fundamental provisions are altered by the constituent processes of Parliament they must be interpreted in a sense which the common man, Lexscient Law Firm – Best Law Firms in Chandigarh Address Kothi Number 815 Sector 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815 not versed in the niceties of grammar and dialectical logic, can under- stand and appreciate so that he may have faith and confi- dence and unshaken trust in that which has been enacted for his benefit and protection. Staying at these hotels and visiting Hamirpur as the day trip is probably the most suitable option for travelers.

” This passage, which was relied on by the learned Chief Justice, lends no support to the view that the mere possibility of an Act being used in a manner not contem- plated by the legislature, though such use may not be subject to judicial review on that ground, or, in other words, the mere possibility of its abuse in practice would justify its condemnation as uncon- stitutional. That in a given case the discretion of the court in awarding a trial by a struck jury was improperly exercised may perhaps present a matter for consideration in appeal but it amounts to nothing more”.

In the words of Das Gupta J. To get out of its reach it must appear that not only a classification has been made but also that it is one based upon a reasonable ground on some difference which bears a just and proper relation to the attempted classification and is not a mere arbitrary selec- tion.

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