What Does Lexscient Law Firm – Best Law Firms in Chandigarh Mean?

To sustain a 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 as not being discriminatory is not, however, to leave the party affected by a discriminatory application of the law without a remedy, for, as we have seen, state action on the adminis- trative side can also be challenged as a denial of equal protection and unconstitutional. I am quite definitely not prepared to countenance that argument. Hopkins , that is, Jaws that operate alike on all persons under like circumstances. The Act is intituled “An Act to provide for the speedier trial of certain offences “, and the preamble declares that “it is expedient to provide for the speedier trial of cer- tain offences “.

If that be the position, 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 then an action might lie for 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 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815 16 Near post office Chandigarh 160015 Phone 098766 16815 annulling the acts of the officers if they are found not to be in conformity with the equality clause. This right has been taken away from the accused in cases where a case is transferred from one Special Court to another under the provision of section of the Special Courts Act. Section of the Act runs as follows”:– ” A Special Court shall try such offences or classes of offences or cases or classes of cases, as the State Government may, by general or special order in writing, direct”.

We find men accused of heinous crimes called upon to answer for their lives and liber- ties. To this general rule, however, there is an exception, which comes into play when there is evi- dence of mala fides in the application of the Act. Pinson “We must remember that the machinery of government could not work if it were not allowed a little play in its joints. foes not therefore contravene Art That part of sec.

Then, 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 again, what does “equality” mean? They will show past cases together with names deleted to show proof regarding their victory. Not only was that coffee so sweet that it made me thirstier, it was downright foul tasting. It is said that in cases where the law does not lay down a standard or form in accordance with which the classification is to be made, it would be the duty of the officers entrust- ed with the execution of the law, to make the classification in the way consonant with the principles of the Constitution .

It is not strictly correct to say that if certain specified offences throughout the State were directed to be tried by the Special 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 there could not be any infringe- ment of the equality rule. What we have to find out is whether the statute now m question before us offends to any extent the equal protection of the laws guaranteed by our written Constitution. It is to be noted that the law was “administered”, i. That part of the section which empowered the Government to direct “cases” as distinct from “classes of cases” to be tried by a Special Court is void.

In my opinion, the true position is as follows :–As a general rule, if the Act is fair and good, the public authority who has to administer it will be protected. Abuse of power given by law sometimes occurs; but the valid- ity of the law cannot be contested because of such an appre- hension. O’ Malley a New York statute prohibiting individuals or partnerships to engage in the business of receiving deposits of money with- out a licence from the controller “who may approve or disap- prove the application for a licence in his discretion” was sustained as constitutional.

Those principles were again considered and summarised by this Court in The State of Bombay v. In this case the complaint was against a. As I have already stated, the Act is a verbatim copy of the earlier Ordinance which was framed before the present Constitution came into force, and article could not have been before the minds of those who framed it because that Article was not then in existence. This principle, however, does not mean that every law must have universal application for all persons who are not by nature, attainment or circumstance, in the same position.

Even if this difference in the circum- stances of the two alleged offenders can be made the basis of a classification, there is no nexus between this differ- ence and the object of the Act, for, in the absence of any special circumstances, 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 there is no apparent reason why the offence of theft in a dwelling house by a stranger should require a speedier trial any more than the offence of theft by a servant should do. With respect, those decisions have, I think, 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 no application here.

, and in the Chapter on Fundamental Rights, to ensure equality in all its as- pects. Be that as it may, this is not the only matter upon which the normal procedure has been departed from in the Special Courts Act. On the th of August, . Even in England, where Parliament is supreme, that is inevitable, for, as Dicey tells us in his Law of the Constitution, “Parliament is the supreme legislator, but from the moment Parliament has uttered its will as lawgiver, that will becomes subject to the interpretation put upon it by the judges of the land, and the judges, who are influenced by the feelings of magistrates no less than by the general spirit of the common law, are disposed to construe statutory exceptions to common law principles in a mode which would not commend itself either to a body of officials, or to the Houses of Parliament, if the Houses were called upon to interpret their own enact- ments.

May not political murders or crimes against the State or a class of the community, e. As there is no infringement of the equal protec- tion rule, if the law deals alike with all of a certain class, the legislature has the undoubted right of classify- ing Chiranjit Lal Chowdhuri v. Doing that, what is the history of these provisions ? , asking their engineer to meet him so that they can meet the engineer of the neigh- bouring coal company to decide about the thickness of the barrier pillar to be left unmined between the two adjoining coal properties, the plaintiff company declined to co-oper- ate.

‘It is clear that if the argument were to be accepted, article could be easily defeated. I am not at all impressed by the argument of the learned Attorney-General that to enable the respondents to invoke the protection of article of the Constitution it has got to be shown that the legislation complained of is a piece of “hostile” legislation. All persons are not, by nature, attainment or circumstances, equal and the varying needs of different classes of persons often require separate treatment and, therefore, the protecting clause has been construed as a guarantee against discrimi- nation amongst equals only and not as taking away from the State the power to classify persons for the purpose of legislation.

CHANDRASEKHARA AIYAR J. To my mind they do not carry us one whit beyond the original words and are no more satisfactory than saying that all men are equal before the law and that all shall be equally treated and be given equal protection. the necessity of a speedy trial is too vague and uncertain a criterion to form the basis of a valid and reasonable classification. of the Constitution and is void inasmuch as per FAZL ALl, MAHAJAN, MUKHERJEA, and CHANDRASEKHARA AIYAR JJ.

On August , , an Ordinance, known as the West Bengal Special Courts Ordinance, was promulgated by the Governor of West Bengal under section of the Government of India Act, . observed after referring to certain prior decisions :– “These cases leave in no doubt the proposition that the conferring of discretionary power upon administrative boards to grant or withhold permission to carry on a trade or business which is the proper subject of regulation within the police power of the state is not violative of rights secured by the th Amendment.

I do not consider it necessary to pursue this matter any further, as in my opinion even on the U. that this part of section is valid. Texas , the majority view in Connolly’s case holding that an Illinois anti-trust law, 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 which made certain forbidden acts criminal if done by merchants 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 manufacturers but declared them to be civil wrongs if done by farmers and stockmen, was “manifestly a denial of the equal protection of the laws ” was consid- ered to be no-longer “controlling “.

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