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...in the present petitions before Supreme Court that the huts constructed by them on the pavements could not be demolished because of their right to livelihood.Held...II. CONSTITUTION OF INDIA — ARTICLE 21 —RIGHT TO LIVELIHOODD. Constitution of India — Articles 21, 37, 39(a) and 41 — ‘Life...’ — Right to life, held, includes right to the means of livelihood which make it possible for a person to liveE. Constitution of India — Article 32 — Pleading...
...clear. The larger issue here is the right to livelihood of the licensees who are members of the respondents. The welfare of the people is the prime concern of any responsible Government under the...Jiwan Dass v. LIC 1994 Supp (3) SCC 694 to contend that the right .... (1985) 3 SCC 545, wherein it was held that the right to life includes the right to livelihood. In that case, the Court held as und...
...(1) SCC 600 this Court held that right to public employment and its concomitant right to livelihood received protective umbrella under the canopy of Articles 14 and 21 etc. All...having statutory flavour. They must be conformable to the rights guaranteed in Parts III and IV of the Constitution. Article 21 guarantees right to life which includes right to livelihood, the dep....14. It is thus well-settled law that right to life enshrined under Article 21 of the Constitution would include right to livelihood. The order of termination of the servic...
...existence but extends to the inhibition against its deprivation to all those limits and faculties by which life is enjoyed. It also includes the right to livelihood. The ambit and scope of ‘right ...can live without the means of living. 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 W...meaningfulness but it would make life impossible to live. And yet, such deprivation would not have to be in accordance with the procedure established by law, if the right to livelihood is not regarded as...
....7. Article 21 protects the right to livelihood as an integral facet of right to life. When an employee is afflicted with unfortunate disease due to which, when he ...right arm was completely amputated due to the said Sarcoma. It is a cancer affect but it was arrested. The Doctor in his letter dated May 3, 1985 recommended that he can assume his normal duties. The..., unfortunately had to be operated on February 13, 1984 for Chondrosarcoma and ever since he was treated in Tata Memorial Hospital, Bombay up to March 18, 1985 and thereafter he was discharged and his...
...Olga Tellis v. Bombay Municipal Corpn (1985) 3 SCC 545. considering the right to dwell on pavements or i...livelihood if they are evicted from their slum and pavement dwellings. Their eviction tantamounts to deprivation of their life. The Constitution Bench had held that if the right to livelihood is not...treated as a traditional 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. Such depr...
...this appeal. The Maharaja was held to have been equated with the Government and entitled to the relief claimed by him as according to the High Court he was found to have been deprived of the right ...jurisdiction under Article 226 of the Constitution. For exercise of the writ jurisdiction, the High Court pressed into service the alleged fundamental right to livelihood of the respondent which was found...when found, directly or indirectly, or even remotely, has to be looked upon with disfavour. The violation of the right to livelihood is required to be remedied. But the right to ...
...citizen's right to livelihood as guaranteed under Article 21 as also his/her right to fair treatment and against arbitrary action of the appellants is protected by Article 14 of the Constitution of India...stated while summing up the petitioners' case, the main plank of their argument is that the right to life which is guaranteed by Article 21 includes the right to livelihood and since, they will be...have to consider is whether the right to life includes the right to livelihood. We see only one answer to that question, namely, that it does. The sweep of the right to ...
...Constitution of India. The petitioner has been deprived of his shelter. The right to livelihood is an integral facet of the right to life under Article 21 of the Constitution...been in violation of the borrower's right to livelihood and the observation of the Division Bench that non-compliance with Rule 9 has violated the borrower's right to property are misconceived. In....20. The letter dated 13-11-2006 sent by the borrower to the Bank leaves no manner of doubt that the borrower had waived his right under Rule 9(1) or for that matter under Rule 9(3) and Rule...
...of status and of opportunity with assurance to dignity of the individual. Article 14 provides equality before law and its equal protection. Article 19 assures freedoms with right to residence and settlement in any part of t...secure the right to livelihood, health and strength of workers, men and women and the children of tender age. The material resources of the community are required to be so distributed as best to subserve....15. Article 25 of the Universal Declaration of Human Rights envisages that everyone has the right to standard of living adequate for the health and well-being of himself and of his family including food,...
....12. Life is a precious gift of nature to a being. Right to life as a fundamental right stands enshrined in the Constitution. The right to livelihood is born o...example, by the imposition and execution of the death sentence, except according to procedure established by law. That is but one aspect of the right to life. An equally important facet of that right is the ..., no person can live without the means of living, that is, the means of livelihood. If the right to livelihood is not treated as a part of the constitutional right to life, the easiest way of depr...
...the contentions based on them are misconceived.20. There is no doubt that broadly interpreted and as a necessary logical corollary, right to life would include the right to ...against the deprivation of their life except according to procedure established by law. This country has so far not found it feasible to incorporate the right to livelihood as a fundamental right ..., therefore, right to work. It is for this reason that this Court in Olga Tellis v. Bombay Municipal Corporation...
...of the right to life. An equally important facet of that right is the right to livelihood because, no person can live without the means of living, that is, the means of livelihood. If the...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...accordance with the procedure established by law, if the right to livelihood is not regarded as a part of the right to life. That, which alone makes it possible to live, leave aside what makes lif...
...their livelihood. Right to life under Article 21 includes right to livelihood and so if deprivation of livelihood is effected without reasonable procedure established by law, it would be ...cannot be extinguished or taken away as, for example, by imposition of execution of death sentence, except according to procedure established by law. That is but one aspect of right to life. An equally important facet of th...— no person can live without the means of living, that is, the means of livelihood. If the right to livelihood is not treated as a part of the...
..., reported in AIR 2012 SC 573. 3. In the case of Narendra Kumar v. State of Haryana, JT 1994 (2) SC 94 has held that the violation of the right to livelihood is required to be...remedied, But the right to livelihood as contemplated under Article 21 of the Constitution cannot be so widely construed which may result in the defeating the purpose sought to...be achieved by the aforesaid article. It is also true that the right to livelihood would include all attributes of life, but the same cannot be extended to the extent that it may embrace or take...
...decades as the source of their livelihood has been arbitrarily deprived by the appellant. Thereby, the right to liberty and livelihood guaranteed under Articles 19 and 21 of the Constitution of India...stated while summing up the petitioners' case, the main plank of their argument is that the right to life which is guaranteed by Article 21 includes the right to livelihood and since, they will be...have to consider is whether the right to life includes the right to livelihood. We see only one answer to that question, namely, that it does. The sweep of the right to ...
...right to health, the right to livelihood, the right to shelter and employment, etc. Now however, human rights are gaining an even greater multifaceted dimension. The right ...still intact and the right to property was a part of fundamental rights under Article 19 of the Constitution. It is pertinent to note that even after the right to property ceased to be a fundament...right, taking possession of or acquiring the property of a citizen most certainly tantamounts to deprivation and such deprivation can take place only in accordance with the “law”, as the said word has...
...of the Calcutta Municipal Corporation Act by which the petitioner has to deposit the tax assessed, due till the date of filing an appeal is a violation of his right of livelihood and if so...is the right to life of which he is sought to be deprived and secondly, that this deprivation is otherwise than according to procedure established by law.13. The extraction compelled at the cost of ...is a component of the right to life.14. Livelihood is ‘means of living, sustenance’ as given...
...argument is that the right to life which is guaranteed by Article 21 includes the right to livelihood and since, they will be deprived of their livelihood if they are evicted from their slum and...petitioners are evicted from their dwellings, they will be deprived of their livelihood. Upon that assumption, the question which we have to consider is whether the right to life includes the right ...extinguished or taken away as, for example, by the imposition and execution of the death sentence, except according to procedure established by law. That is but one aspect of the right to life. An equally important facet of...
...be used to provide shelter to the poor. In Olga Tellis case (1985) 3 SCC 545 the Constitution Bench had considered the right to dwell on pavements or i...be deprived of their livelihood if they are evicted from their slum and pavement-dwellings. Their eviction tantamounts to deprivation of their life. The right to livelihood is...a traditional 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. Such deprivation wou...