ASSAM BENGAL ROADWAYS LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard counsel on both sides on the merits of the matter.

(2.) Petitioner has challenged the validity of section 9 of the Carriers Act, 1865 as violative of Article 14 of the Constitution. The contention is, that, the provision imposes a burden on one set of common carriers only, without a similar burden being cast on other common carriers like Railways and Airways. It is contended that petitioners are carrying on their trade as a common carrier by road; the onerous restriction imposed by section 9 of the said Act read with its discriminatory results, renders it voia, as being violative of Article 14 of the Constitution,

(3.) Before adverting to the provisions of the impugned provisions, the law governing the Railways may be referred as stated in pollock and Mulla's Contract Act, 10th edition (page 781 etc.) : RE. RAILWAYS :