TaxTMI 
TaxTMI 
1953 (11) TMI 30
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....The facts giving rise to the appeal are these : By a notification dated 13th May, 1952, the Regional Transport Authority, Calcutta Region, invited application 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 not below 10 H.P. and not above 19 H.P. The said notification also invited representations against the issue of such permits. 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. These objections were heard by the Regional Transport Authority on 5th July, 1952, and were ultimately rejected on 21st August,....
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....hicles Act, 1939, the Governor is pleased to make the following amendment to the rule published under the notification of the Government of Bengal in the Home (Transport) Department No. 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 not exceeding 19 H.P., but not below 10 H.P., registered under the Motor Vehicles Act, 1939, in the city of Calcutta or 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." 7 . The result of t....
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....arned Judge dismissed the petition with costs. It was held that the circumstance that the notification dated 7th June, 1952, might or might not have the effect of affecting economically the business of taxi can owners would not justify the court in holding that the notification was in violation of article 19(1)(g) of the Constitution. It was further held that there was no violation of the fundamental right guaranteed under article 14 of the Constitution because the fixation of tariff regarding the two classes of taxis was based on rational classification. The learned Judge was of the opinion that small taxis had been introduced for the benefit of the general public and that there was no unreasonableness in classifying the tariff in the mann....
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....or Vehicles Act enjoins that the owner of a motor vehicle shall not use or permit the use of the vehicle save in accordance with the conditions of a permit. The form of the permit in item 8 mentions the minimum fare that can be charged in respect of a vehicle. On these provisions the learned Judge below reached the conclusion that there was no option left in the owner of a vehicle to charge tariff lower than the prescribed minimum. Rule 179, however, which prescribes the minimum tariff for the different classes of taxis does not prohibit the charge of a rate below the prescribed minimum if the taxi owner so wishes. All that it enjoins is that a tariff higher than the fixed minimum cannot be charged and that the hirer of a taxi on demand is ....
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....a class is constitutional if there is sufficient basis or reason for it. In other words, a statutory discrimination cannot be set aside as the denial of equal protection of the laws if any state of facts may reasonably be conceived to justify it. It is clear that it is in the interests and for the benefit of a section of the public that small taxis have been introduced and cheaper rates have been fixed having regard to the size, horse power and expenses of running such cars. We are unable to see any unreasonableness in this classification or any discrimination which infringes the provision of article 14 of the Constitution. The contention of Mr. Choudhry, therefore, that the introduction of smaller taxis at lesser tariff rates contravenes a....