Court : Mumbai
Reported in : AIR1956Bom660; (1956)58BOMLR435; 1956CriLJ1186; ILR1956Bom511
..... of the citizens is recognized as one of the important pillers of social progress and provision has been made in the directive principles of state policy (constitution of india) that the state shall promotewith special care the educational and economic interests of the weaker sections of the people, and, in particular, of the scheduled castes and shall protect ..... the legislature, having the removal of harijans' social disabilities at heart, did not intend and which would defeat the directive embodied in article 46 of the constitution of india which says that the state shall promote with special care educational and economic interests of the weaker sections of the people, and, in particular, of the scheduled castes and the ..... no prohibition against harijan employees entering the canteen.discrimination practised upon the harijans in the canteen is evidently a manifestation of untouchability, the practice of which the constitution forbids and the state legislature desires to abolish. even though the canteen is a place to which the employees of the factory only may resort, in our judgment, having regard ..... them from social injustice and all forms of exploitation.similarly, by article 17, (constitution of india) untouchability is abolished and its practice in any form is forbidden. the enforcement of .....Tag this Judgment!
Court : Karnataka
Reported in : 1999(1)KarLJ96
..... of the grant of land; and that itself will defeat the purpose of the constitutional scheme envisaged under article 39 of the directive principles of state policy. therefore, the high court while exercising jurisdiction under article 226 of the constitution of india will restrain from granting reliefs which are against the constitutional scheme and the legislative spirit of the enactments. therefore, the purport of the land ..... land was granted to his family long back, therefore the same cannot be a bar for granting this land.3. to implement the scheme envisaged under directive principles of state policy, the state has brought agrarian legislations beginning from abolition of jahagirs and estates to land ceiling act and a number of other legislations with an intent that there must be a distribution ..... of the lands to the poor sections of the society. in pursuance of the said enactments, the land was taken over by the state and distributed to the poor. similarly, the mysore land grant rules and provisions in the karnataka land revenue act are enacted with the purpose of granting land to the landless .....Tag this Judgment!
Court : Gujarat
Reported in : (2009)1GLR683; (2009)23VST298(Guj)
..... meted out a different treatment, and therefore, the impugned action and the notifications are arbitrary, discriminatory and also in violation of the directive principles of the state policy and the constitution of india.6.15. a reference has been made to the representations made to various authorities including the representation made by the petitioners through mahagujarat gramodyog mahasangh for extending ..... the development of village industries is also an activity to be carried out by the respondents in furtherance of the directive principles of state policy enshrined in the constitution of india which speak of the efforts to be made by the respondents to minimize inequality in income and facilitate opportunities amongst individuals as well as groups residing ..... of petitions contending, inter alia, that such action is arbitrary and ultra vires the constitution of india and also ultra vires the provisions of the sales tax act and also it is against the directive principles of the state policy as enshrined in the constitution of india. it is also challenged on the ground of arbitrariness, discrimination and principles of promissory estoppel ..... was to promote industries in rural areas which in turn would have the effect of promoting local areas which is in consonance with the directive principles of state policy enshrined in the constitution. it is for achieving such purpose, the benefit of exemption of the schemes are made and the notification dated 1-4-2006 granting exemption from .....Tag this Judgment!
Court : Patna
..... reforms act stepped into the shoes of the landlords for the purpose of realizing rent from the raiyats, its constitutional obligations under articles 38, 39 and 41 enshrined under part iv of the constitution of india as directive principles of state policy, warrant ensuring better rights to raiyats including all permissible use of their lands which may give them any occupation ..... or vocation of their choice to which all citizens have a fundamental right under article 19(1)(g) of the constitution. the impugned provisions do not exhibit ..... - making decision of marbury v. madison 1 cr. 137 (1803).67. thereafter, the supreme court of the united states of america strengthened this doctrine by a number of splendid constitutional decisions.68. the republic of india has a democratic federal constitution, which is the supreme law of the land, and all other laws are subject to this supreme law. in the ..... by the legislatures.(17) it must, therefore, be remembered that the judiciary has constitutional and solemn duty to check and keep the different branch of state administration within the limits of their powers, conferred upon them by the constitution. articles 32 and 226 of the constitution of india confer judiciary with the power of judicial review. it is, therefore, clear that .....Tag this Judgment!
Court : Mumbai
Reported in : 2006(3)BomCR705
..... by the apex court in the best interest of children of fallen women in gaurav jain v. union of india : air1997sc3021 considering various fundamental rights as well as directive principles of state policy in the constitution of india as well as various international covenants ratified by india.in view of the above, and by way of abundant caution, a modicum of supervision and inquiry would be ..... were found to be suffering occupational health hazards, their right to health and medical aid is a fundamental right. in so holding the court relied upon the preamble to the constitution, the directive principle of state policy and universal declaration of human rights. the court observed that if the right to livelihood is not treated as a part of the ..... constitutional right to life, the easiest way of depriving a person of his right to life would be to deprive him of his means of livelihood to the point of abrogation. ..... , morality and public order. the onus of proving the restriction as reasonable was on the state. the state has failed to discharge that burden. the prohibition, therefore, is not protected by article 19(2) of the constitution of india.(vii) article 15(1) of the constitution sets out that the state shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place .....Tag this Judgment!
Court : Mumbai
Reported in : 2006(4)ALLMR37; 2006(4)BomCR607; 2006(4)MhLj611
..... said act requires the concerned authority to ensure that the proposed society is in compliance with the policy directives issued by the government and is economically sound and that ..... sound development of co-operative movement in the state. in fact, the preamble to the said act clearly states that the said act has been enacted with a view to provide the orderly development of the co-operative movement in the state in accordance with the relevant directive principles of state policy enunciated in the constitution of india. further, the section 9 of the ..... it would not adversely affect the co-operative movement in the state. 20. it is ..... or the registration of which may have an adverse effect on development of the co-operative movement, or the registration of which may be contrary to the policy directives which the state government may, from time to time, issue. while section 6 of the said act prescribes certain conditions of registration of a co-operative society under the said .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2003SC3057; 2003(4)ALLMR(SC)707; 2003(4)AWC2920(SC); 2003(3)CTC620; JT2003(6)SC283; (2003)135PLR531; 2003(5)SCALE602; (2003)8SCC369
..... number of illiterates in the world and the largest number of people below the poverty line. the laudable goals spelt out in the directive principles of state policy in the constitution of india can best be achieved if the population explosion is checked effectively. therefore, the population control assumes a central importance for providing social and economic justice to ..... the discharge of functions and duties and such constitutional goals being achieved than the leaders of panchayats themselves taking a lead and setting an example.39. fundamental rights are not to be read in isolation. they have to be read along with the chapter on directive principles of state policy and the fundamental duties enshrined in article 51a. ..... under article 38 the state shall strive to promote the welfare of the people and developing a social order empowered at distributive justice - social, economic and political. under article 47 the state shall promote with special care the educational and economic interests of the weaker sections of the people and in particular the constitutionally ..... one of the objects of the enactment is to popularize family welfare/family planning programme. this is consistent with the national population policy.10. under article 243g of the constitution the legislature of a state has been vested with the authority to make law endowing the panchayats with such powers and authority which may be necessary to enable .....Tag this Judgment!
Court : Orissa
Reported in : AIR1953Ori185
..... purpose, which inspired the legislative measure, in clear and unmistakable terms in its preamble, as follows:'whereas in pursuance of the directive principles of the state policy laid down by the constitution of india, it is incumbent on the state to secure economic justice for all and to that end to secure the ownership and control of all material resources of the community so that ..... taken steps to abolish the zamindaries and for eliminating intermediaries even before the new constitution of india came into force. schedule 9 of the constitution, which has been added by a later amendment of the constitution, enumerates the various enactments passed by some of the states in this behalf. three of those legislative measures viz., the estates abolition acts of bihar, madhya pradesh and uttar ..... the canadian and australian constitutions. apart from the limitation arising out o the demarcation of the legislative fields of the various states, and the congress the 'due process clause' imposes a further limitation and an act though within the legislative sphere either of the state or of the congress may become unconstitutional if it offends the 'due process clause.' in india too, the fundamental .....Tag this Judgment!
Court : Guwahati
..... , if in its or his opinion, the resolution, order or act militates against the fundamental rights conferred by part iii of the constitution of india and the state policy on the directive principles laid down in part iv of the constitution of india is in excess of the powers conferred by law, or the execution of the resolution or order, or the doing of the act ..... show that the said show cause notice dated 9-12-02 was violative of any fundamental rights conferred by part iii of the constitution of india or the state policy on the directive principles laid down in part iv of the constitution. even there was no whisper in the order itself about the presence of any of the essential ingredients i.e. serious breach of ..... and categorically held that the deputy commissioner prior to exercise such power must be satisfied that there was a violation of constitutional rights conferred by part hi of the constitution and the state policy on the directive principles contained in part iv of the constitution and there must be serious breach of peace or it would cause serious injury or annoyance to the public or ..... be expired on 21-8-2003. the show cause notice which had been challenged before the additional deputy commissioner was violative of the fundamental rights guaranteed to him under the constitution and as such, the. deputy commissioner had correctly and rightly interfered with the same and there was no illegality or irregularity has been committed in passing the impugned order. in .....Tag this Judgment!
Court : Karnataka
Reported in : ILR1989KAR53
..... -economic rights which are the palliatives held out to him in the glorious chapter of directive principles of state policy in the constitution of india with the added embellishment of 'dignity of the individual', justice - social and economic, in the preamble. the constitution assures to the common man not only the means of livelihood but also adequate means of livelihood which ..... in essence is one of the basic aspirations of the ordinary citizen. article 39(a) provides :'39. the state shall, in particular, direct its policy ..... towards securing -(a) that the citizens, men and women equally, have the right to on adequate means of livelihood.' 7. does the impugned action subserve the constitutional guarantees? i am afraid, not. on the other hand, it violates the ..... taken away. acquisition in liberating the petitioner from his inalienable right to avocation is un-constitutional. the impugned action tantamounts to mutation of body from the soul when law is reduced to a fossil.9. for the reasons stated above, the impugned action deserves to be quashed.nothing is nearer to truth than the noble sentiments:' a judgment .....Tag this Judgment!