HARMAN SINGH AND OTHERS versus REGIONAL TRANSPORT. AUTHORITY, CALCUTTA, AND OTHERS.

HARMAN SINGH AND OTHERS versus REGIONAL TRANSPORT. AUTHORITY, CALCUTTA, AND OTHERS.

The issuance of permits to small taxis at lower tariffs constituted a rational classification and did not infringe the fundamental rights of large taxi owners under articles 14 and 19(1)(g) of the Constitution. No monopoly or right to exclude others is guaranteed, and competition does not amount to a violation of fundamental rights.

Parties
Appellants: Harman Singh and Others; Respondents: Regional Transport Authority, Calcutta, and Others; Agent for Appellant: Sulcumar Ghose; Agent for Respondents Nos. 1 & 2: P. K. Bose
Jurisdiction
India
Judgment Date
24 November 1953
Procedural Posture
Civil Appeal / Appeal Under Article 132(1) of the Constitution of India
Outcome
appeal dismissed
Legal Topics
Fundamental Rights, Equal Protection, Right to Occupation, Motor Vehicles Permits, Rational Classification
Constitutional Law Administrative Law Fundamental Rights Equal Protection Right to Occupation Motor Vehicles Permits Rational Classification

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Harman Singh and Others

Appellants

Regional Transport Authority, Calcutta, and Others

Respondents

Sulcumar Ghose

Agent for Appellant

P. K. Bose

Agent for Respondents Nos. 1 & 2

Procedural Posture

Civil Appeal / Appeal Under Article 132(1) of the Constitution of India

Legal Issues

  1. 1 Whether the issuance of permits to small taxis at lower tariffs infringed fundamental rights under articles 14 and 19(1)(g) of the Constitution

Ratio Decidendi

The issuance of permits to small taxis at lower tariffs constituted a rational classification and did not infringe the fundamental rights of large taxi owners under articles 14 and 19(1)(g) of the Constitution. No monopoly or right to exclude others is guaranteed, and competition does not amount to a violation of fundamental rights.

Court Disposition

appeal dismissed

Orders

  • appeal dismissed with costs payable by appellants to respondent
  • agents named for parties