1 140 per hour or annas 2 for every 4 minutes.
in the district of 24 Parganas the tariff on each occasion of hiring shall for a period of 8 months with effect from 1st May, 1952, be annas 8 for the 1st mile or part of a mile and annas 2 for every quarter of each subsequent mile.
9354 T dated the 28th September, 1946, as subsequently amended, namely To the said rule add the following proviso Provided that in the case of small motor cabs of number exceeding 19 H. P., but number below 10 H. P., registered under the Motor Vehicles Act, 1939, in the city of Calcutta or.
Waiting charges Rs.
Appeal under article 132 I of the Constitution of India from the judgment and Order dated the 9th January, 1953, of the High Court of judicature at Calcutta Himansu Kumar Bose J. in Civil Revision No.
This rule was in these terms A single tariff shall be charged at the rate of two annas for every quarter of a mile.
Minimum charge shall be eight annas.
The High Court of Calcutta by its order dated 24th October, 1952, granted a rule and passed an ad interim order against the respondents in terms of the prayer in the appellants petition.
These objections were heard by the Regional Transport, Authority on 5h July, 1952, and were ultimately rejected on 21st August, 1952, and 48 permits for small taxis were issued.
of the Bengal Motor Vehicles Rules.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
112 of 1953.
The facts giving rise to the appeal are these By a numberification dated 13th May, 1952, the Regional Transport Authority, Calcutta Region, invited applications from persons who had licences for driving motor cabs, or who possessed knowledge of motor mechanism, for the issue of permits for small motor taxi cabs of number below 10 H. P. and number above 19 H. P. The said numberification also invited representations against the issue of such permits.
C. Setalvad, Attorney General for India B. Sen, with him for respondents Nos.
This numberification was in these terms In exercise of die power companyferred by section 51 of the Motor Vehicles Act, 1939, the Governor is pleased 2 93 S. C. India/59 to make the following amendment to the rule published under the numberification of the Government of Bengal in the Home Transport Department No.
November 24.
Since the companying into force of the Motor Vehicles Act in the year 1940 taxis plying in the streets of Calcutta were required to be of number below 22 H. P. and number above 30 H. P. Rule 179 of the Bengal Motor Vehicles Rules prescribed the tariff for all such taxis.
Choudhry and A. K. Das Gupta for the appellants.
A number of associations and persons including the Calcutta Taxi Association and the Bengal Taxi Association, accordingly made representations objecting to the issue of such permits.
The judgment of the Court was delivered by MAHAJAN J. This appeal under article 132 I of the Constitution of India is directed against a judgment of the High Court of Calcutta H. K. Bose J. dated the 9th January, 1953, dismissing an application under article 226 of the Constitution.
1 and 2.
2754 of 1952.
Cabs returning empty to be paid annas 4 per mile up, to the boundary.
This disparity between the tariffs of small and big taxis introduced an element of companypetition among the taxi owners and created an apprehension in the minds of large taxi owners that their occupation would be seriously affected by the introduction of small taxis plying on cheaper fares.
The appellants therefore on 21st October, 1952, filed a petition in the High Court ,of Calcutta under article 226 of the Constitution against the Regional Transport Authority and the 48 permit holders praying for a writ of prohibition restraining the Regional Transport Authority from giving effect to the numberification of the 7th June, 1952, and from permitting or authorising small taxis to ply in the streets of Calcutta on the allegation that this numberification violated the fundamental rights guaranteed to them under articles 19 1 g and 14 of the Constitution.
rule 179 was amended and the amended rule reads as follows A. minimum charge of one rupee for the first mile or part thereof and annas two for every one sixth of each subsequent mile.
The result of this numberification was that the tariff for small taxis was fixed at the rate of eight annas for the first mile or part of a mile and 2 annas for every quarter of each subsequent mile, while the tariff for large taxis remained as before, namely, one rupee for the first mile and 2 annas for every one sixth of each subsequent mile.
The tariff shall be in force in and day within the following boundaries In the year 1944 in view of the rise in the prices of motor parts, tyres, accessories, oil lubricants, petrol etc.,
All charges to be shown on the meter.
This increased rate of tariff was maintained by A further numberification issued on 13th January, 1951 After the issue of the numberification in May, 1952 inviting applications for permits to ply small taxis, a further numberification was issued on the 7th June, 1952, amending rule 179.
