Article 14
Ketan Modi
(Querist) 21 June 2013
This query is : Resolved
Hello Experts,
Can anyone help me on getting an Apex Court order on arbitrariness and article 14? I am planning to challenge certain discretion inserted in the guidelines issued under provisions of law.
Regards
Ketan Modi
R.K Nanda
(Expert) 21 June 2013
state full facts.
Ketan Modi
(Querist) 21 June 2013
Respected Nanda Sir,
Revenue Department has given its officers arbitrary powers that are being misused in giving tax benefits to select assessees. I wish to challenge the arbitrary powers as the same are inconsistent with article 14. Sometimes back I had come across a news article in Times of India Mumbai (alas I had lost it while in transit) which was captioned "Anything Arbitrary is in Violation of Article 14." I wish to get the citation of this or any similar order of the Apex Court.
Regards
Ketan Modi
R.K Nanda
(Expert) 21 June 2013
search legal web sites.
prabhakar singh
(Expert) 21 June 2013
He would never look towards you if he finds able to do on his own dear experts?
Ketan Modi
(Querist) 22 June 2013
Ld Experts,
It is true that I am seeking your help after looking for information I need on the search engines for over last weeks. The result I am getting is mostly individual opinionated articles and there is no order of the
Apex Court that can be relied upon. If the learned friends can of help, I shall be obliged.
Regards
Ketan Modi
prabhakar singh
(Expert) 22 June 2013
Rajamallaiah's case.
Kumari Srilekha Vidyarthi's case
girish vs.state of karnataka wherein
Counsel for some of the petitioners put forward the following propositions of law to be considered in view of the recent trend and the Judicial pronouncements after Rajamallaiah's case:
(a) The State action in whatever form must be fair and reasonable. That is to say, whatever may be the nature of the State action whether it is in the nature of contractual transaction or otherwise, it must be decided in the light of Article 14 of the Constitution.
(b) Fairness is a principle inherent in Article 14 and therefore all contractual and other transactions of the Government must be tested in the light of Chapter-Ill of the Constitution.
(c) The Courts can interfere in an arbitrary action of the State at any stage of the contract to which the State is a party, as the principle of 'waiver on estoppel' cannot prevent a person from enforcing his Fundamental Rights under Chapter-Ill of the Constitution.
(d) Unjust enrichment is a rule of equity. Equity is inherent in Article 14 and therefore unjust enrichment on the part of the State directly contravenes Article 14.
(e) The nature of trade of all the petitioners does not affect their rights under Chapter-Ill of the Constitution, and
(f) the Decision in Rajamallaiah's case, is required to be distinguished having regard to the subsequent pronouncements of the Supreme Court including the latest one in Kumari Srilekha Vidyarthi's case.
prabhakar singh
(Expert) 22 June 2013
You may visit the following page to download a pdf file on article 14 which is a research paper dated January 24, 2012 by Eshan Pandit
OF National University of Study and Research in Law (NUSRL):
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1991196
Ketan Modi
(Querist) 22 June 2013
Ld Singh Sir,
Thanks a million for the help. i already have the print out of Ld Friend Mr.Pandit's article. But can it be relied upon or it can just be taken as a base for argument?
Regards
Ketan Modi
Raj Kumar Makkad
(Expert) 30 June 2013
The article referred above can become the base for argument but cannot be referred before Hon'ble Supreme court of India.
