AIR 1963 CALCUTTA 124

Calcutta High Court

Hon'ble Judge(s): P. B. Mukharji , J

(A) Registration Act (16 of 1908) , S.80G— Rules under, R.11 - Validity - Rule does not infringe fundamental right of licenced deed writers guaranteed under Art.19(1)(g) and does not violate Art.14 - No discrimination between two classes of deed writers created. Constitution of India , Art.19(1)(g), Art.14— Rule 11 of the Rules made under S. 80G (West Bengal) of the Registration Act permitting the clerks of the pleaders or muktears to perform the functions of a licenced deed writer only for the pleader or the muktear by whom they are employed does not infringe the fundamental rights of the licenced deed writers guaranteed by Art. 19(1)(g) of the Constitution. The rule does not affect their fundamental right (a) either to carry on their trade or business or occupation of writing deeds inside the Registration offices provided they obtain the licenses granted by the Rules and intended for licensed deed-writers, or (b) to carry on the business or occupation of writing deeds in all places outside the precincts of Registration office or Sub-Registry office.(Para 8) The Rule does not violate Art. 14 also by making any unconstitutional discrimination between two classes of deed writers, namely the licensed deed writers and the licenced clerks of pleaders or muktears. It passes the test of reasonable classification under ....