SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1978 Supreme(Pat) 80

MADAN MOHAN PRASAD, BIRENDRA PRASAD SINHA, S.SARWAR ALI, S.K.JHA, LALIT MOHAN SHARMA
Padmraj Samarendra – Appellant
Versus
State Of Bihar – Respondent


Judgment

SARWAR ALI, J.

1. I have advantage of reading in draft the judgement prepared by my learned colleagues. The contentions raised in these cases have been formulated in the judgement of my learned brother S.K. Jha, J. in paragraph 7 of the judgement I concur in the conclusion of my learned brethren Madan Mohan Prasad and S.K. Jha, JJ. with reference to the contentions formulated in paragraph 7(i) (ii) and (iii). It is only in relation to the arguments advanced in the context of reservation that I would prefer to express my views in my own words. Three of my learned colleagues have also held that the petitions are not maintainable. I have my doubts about the view so expressed, and proceed to deal with the question of reservation on the basis of the petitions being maintainable. In any event, when a decision is based on more than one ground, none of the grounds can be said to be obiter dicta.

2. To secure justice, social and economic, and equality of status and opportunity is the promise of the Constitution. This has been sought to be ensured by enacting constitutional provisions giving right to equality on the one hand, and on the other by giving constitutional mandate to the S

























































































































































































































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top