LexLords NRI Legal Services By NRI Legal Services LexLords

NRI legal services - https://lexlords.com/nri-legal-services-in-united-kingdom-uk/. A careful perusal of this decision will make it quite clear that the Court upheld the validity of the statute impugned in that case, not on the ground that the inequality was of minor importance but, on the ground that the classification of establishments according to the number of workmen employed therein was based on an intelli- gible distinction having a rational relation to the subject-matter of the legislation in question.

(2) [1915] USSC 7; 235 U. Apart from the absence of any reasonable or rational classification we have in this case the additional feature 353 of a carte blanche being given to NRI Legal Services the State Government to send any offences or cases for trial by a Special Court. The difference brought about by a statute may be of such a trivial, unsub- NRI Legal Services stantial and illusory nature that that circumstance alone may be regarded as cogent ground NRI Legal Services for holding that the stat- ute has not discriminated at all and that no inequality has in fact been created.

The minority declared the impugned Act as void as it violated the fundamental rights of the petitioner under article 14 of the Constitution. 816, 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. This question arose originally upon a petition under article 32 of the Constitution filed by one Chiranjit Lal Chowdhuri an ordinary shareholder of the company, challenging the Act as being in violation of his fundamental rights under articles 14, 19 and 31 of the Constitution.

Could it have been intended that, while restriction imposed on the freedoms mentioned in clause (1) of article 19 should be reasonable and in public interest, deprivation of property, except in the two cases provided for in clause (2) of article 31, need not be reasonable nor for the public benefit ? That cannot be when Ramchandra is tried by one procedure and Sakharam, similarly placed, facing equally serious charges, also answering for his life and liberty, 'by another which differs radically from the first.

The passage purports to be founded on the decision in Jeffrey Manufac- turing Co. That deci- sion, therefore, does not support the proposition so widely stated in the passage apparently added by the editor to the original text of Judge Cooley. This is recognised and given effect to in clauses (2) to (6) of article 19 which delimit the regulative power of the Legislatures as applied to the freedoms enumerated in clause (1)of that article including the freedom referred to in sub-clause (f).

This appeal raises the question of the constitutional validity of the Sholapur Spinning and Weaving Company (Emergency Provisions) Ordinance II of 1950, subsequently replaced by Act XXVIII of 1950, which reproduced substantially the same provisions. In fact, authorisation by law can obviously be no limitation on the Legislature, and "police power", as developed in the American case law, is essentially a legislative power. This statement is equally true of police power as applied to private property.

This aspect of the matter apart, if a statute brings about inequality in fact and in substance, it will be illogical and highly undesirable to make the consti- tutionality of such a statute depend on the degree of the inequality so (1) [1897] USSC 15; 165 U. The prosecution has alleged that the appellant along with her father and nephew committed murder of Murugesan on 17. 20 performed the autopsy The appellant is the wife of the deceased Murugesan. The High Court accordingly convicted the appellant of the offence under section 326 of the Indian Penal Code and sentenced him as above.

But clause (1) of article 31 imposes no such limitations. The appellant obtained special leave to appeal from this court on the 4th February, 1953, and hence this appeal. Why should such absolute power be conferred on the Legislature in relation to private property, whereas the exercise of restrictive power under clauses (2) to (6) of article 19 is carefully limited to specified purposes and to the imposition of only reasonable restrictions in each of those cases ?

The learned Attorney-General next contends, on the authority of a passage in Cooley's Constitutional Limita- tions, 8th Edition, Vol. 2005, on the basis of the information received from the Village Administrative Officer that a gunny bag is lying under LBP canal south near Sandhiyapurm, the complaint was registered. By a majority of 3:2 it was held that the petitioner had failed to displace the presumption of the constitutionality of the Act or that there had been any abridgement of his fundamental rights.

The body was found in a highly decomposed condition as such initially the identification of the person could not be ascertained. 2005 by strangulating him with a saree and placed his body under a bridge of canal. To say that the requirement of "authorisation by law" was considered sufficient limitation in all other cases of deprivation takes no note of the fact that in the case of restrictions under clauses (2) to (6) of article 19 also, their authorisation could only be by law and yet other limitations have been imposed.