PASCHIM BANGA MALBAHI CYCLE MAZDOOR UNION Vs. COMMISSIONER OF POLICE CALCUTTA
LAWS(CAL)-1960-7-5
HIGH COURT OF CALCUTTA
Decided on July 01,1960

PASCHIM BANGA MALBAHI CYCLE MAZDOOR UNION Appellant
VERSUS
COMMISSIONER OF POLICE, CALCUTTA Respondents


Referred Judgements :-

DICK V. BADART [REFERRED TO]
ATTORNEY GENERAL FOR ONTARIO V. ATTORNEY GENERAL FOR THE DOMINION OF CANADA [REFERRED TO]
KHAGENDRA NATH V. DISTRICT MAGISTRATE OF DINAJPUR [REFERRED TO]
TORONTO (CITY) MUNICIPAL CORPORATION V. VIRGO [REFERRED TO]
COMMONWEALTH OF AUSTRALIA V. BANK OF NEW SOUTHWALES [REFERRED TO]
KUNWARLAL SINGH V. CENTRAL PROVINCES AND BERAR [REFERRED TO]
C.PHILIPH V. TRAVANCORE-COCHIN STATE [REFERRED TO]
RASHID AHMED VS. MUNICIPAL BOARD KAIRANA OPPOSITE PARTY; AND UNION OF INDIA AND STATE OF UTTAR PRADESH [REFERRED TO]
N B KHARE VS. STATE OF DELHI [REFERRED TO]
ROMESH THAPPAR VS. STATE OF MADRAS [REFERRED TO]
CHINTAMANRAO VS. STATE OF MADHYA PRADESH [REFERRED TO]
KESHAVAN MADHAVA MENON VS. STATE OF BOMBAY [REFERRED TO]
MOHAMMAD YASIN VS. TOWN AREA COMMITTES JALALABAD [REFERRED TO]
STATE OF MADRAS VS. V G ROW:THE UNION OF INDIA AND THE STATE OF TRAVANCORE COCHIN [REFERRED TO]
GURBACHAN SINGH VS. STATE OF BOMBAY [REFERRED TO]
RAGHUBIR SINGH VS. COURT OF WARDS AJMER [REFERRED TO]
STATE OF WEST BENGAL VS. BELLA BANERJEE [REFERRED TO]
STATE OF WEST BENGAL VS. SUBODH GOPAL BOSE [REFERRED TO]
DWARKADAS SHRINIVAS VS. SHOLAPUR SPINNING AND WEAVING COMPANY LIMITED [REFERRED TO]
DWARKA PRASAD LAXMI NARAIN VS. STATE OF UTTAR PRADESH [REFERRED TO]
RAJAHMUNDRY ELECTRIC SUPPLY CORPORATION LIMITED VS. STATE OF ANDHRA PRADESH [REFERRED TO]
EBRAHIM VAZLR MAVAT ANFL OTHERS VS. STATE OF BOMBAY [REFERRED TO]
HARISHANKAR BAGLA VS. STATE OF MADHYA PRADESH [REFERRED TO]
BEHRAM KHURSHID PESIKAKA VS. STATE OF BOMBAY [REFERRED TO]
STATE OF BOMBAY VS. BHANJL MUNJI [REFERRED TO]
SAGHIR AHMAD VS. STATE OF UTTAR PRADESH [REFERRED TO]
BHIKAJI NARAIN DHAKRAS VS. STATE OF MADHYA PRADESH [REFERRED TO]
RAM CHANDRA PALAI VS. STATE OF ORISSA [REFERRED TO]
PANNALAL BINJRAJ VS. UNION OF INDIA [REFERRED TO]
BHATNAGARS AND COMPANY LIMITED MESSRS BHATNAGARS AND COMPANY LIMITED DILHI BHATNAGARS AND COMPANY LIMITED BHATNAGARS AND COMPANY PRIVATE LIMITED DELHI MESSRS BHATNAGARS AND COMPANY PRIVATE LIMITED VS. UNION OF INDIA [REFERRED TO]
STATE OF BOMBAY VS. R M D CHI MARBAUGWALA ADVOCATE GENERAL OF MYSORE INTERVENER [REFERRED TO]
VIRENDRA K NARENDRA VS. STATE OF PUNJAB [REFERRED TO]
RAM KRISHNA DALMIA SHRIYANS PRASAD JAIN JAI DAYAL DALMIA VS. UNION OF INDIA [REFERRED TO]
MOHAMMAD HANIF QUARESHI 2 MOHAMMAD ILLIAS 3 GHANI MAHAJAN AND 4 NASIR UD DIN 5 SHEIKH HUSSAIN QUARESHI 6 SHEIKH SUBHAN 7 ABDUL AZIZ 8 MOHAMMAD ISMAIL AND 9 ABDUL RAHIM 10 ABDUL VS. STATE OF BIHAR 2 STATE OF UTTAR PRADESH 3 STATE OF BOMBAY 4 STATE OF MADHYA PRADESH 5 STATE OF MADHYA PRADESH [REFERRED TO]
RAM RAM NARAIN MEDHI BHASKAR VINAYAK TENDULKAR PANDURANG GANPAT RAMCHANDRA LAXMAN BALWANT OAK KUBERDAS HARGOVINDDAS VS. STATE OF BOMBAY [REFERRED TO]
DEEP CHAND BRAHMAN LAL SINGH NIRANJAN SINGH HARI SHANKER SHYAM LAL RAM PRASAD JAIN TRANSPORT GENERAL TRADING CO JAIPAL SINGH VIRENDRA PAL GUPTA VISHAMBHAR DAYAL GUPTA REJENDRAPAL SIA RAM BRIJPAL SINGH PANDIT SRINIVAS MADHO RAM MOHI UDD VS. STATE OF UTTAR PRADESH [REFERRED TO]
SHRINIVASA REDDY VS. STATE OF MYSORE [REFERRED TO]
CHATURBHAI M PATEL VS. UNION OF INDIA [REFERRED TO]
NARENDRA KUMAR VS. UNION OF INDIA [REFERRED TO]
MINERAL DEVELOPMENT LIMITED VS. STATE OF BIHAR [REFERRED TO]
HAMDARD DAWAKHANA KALIPADA DEB LAKSHMAN SHRIPATI LTPURE ALIAS LAKSHMAN SHRI PATI IMPORE A B CHOUDHRI VS. UNION OF INDIA [REFERRED TO]
ANUMATHI SADHUKHAN VS. A K CHATTERJEE [REFERRED TO]
STATE OF WEST BENGAL VS. BON BEHARI MONDAL [REFERRED TO]
RAJAH SRI RAVU SWETA CHELAPATHI RAMAKRISHNA RANGA RAO VS. STATE OF MADRAS [REFERRED TO]



Cited Judgements :-

SURAJMULL NAGARMULL VS. COMMISSIONER OF INCOME TAX [LAWS(CAL)-1961-4-9] [REFERRED TO]
SACHINDRA MOHAN NANDY VS. STATE OF WEST BENGAL [LAWS(CAL)-1962-8-13] [REFERRED TO]


JUDGEMENT

P.B.Mukharji, J. - (1.)We are unanimous that the Rule in this case must be discharged.
(2.)This is a petition by the Union of Cycle Carts Workers known as "Paschim Banga Malbahi Cycle Mazdoor Union "for a writ of Mandamus against the Commissioner of Police under Article 226 of the Constitution, for directing him not to give effort to or to withdraw or cancel his notifications dated the 12th February, 1959 under Section 61A of the Calcutta Police Act 1866 and Section 38A of the Calcutta Suburban Police Act 1866. It also claims for writs of certiorari and prohibition. There is a similar application with the title Bijon Krishna Mukherji v. Commissioner of Police raising the very same questions. Both these applications have been referred to this Special Bench of this Court for their disposal and for determination of the points raised. The parties and counsel in both these matters agree that they may be disposed of by one judgment.
(3.)The impugned notification dated 12-3-1959 under Section 61A(1) of the Calcutta Police Act 1866 reads as follows:
"In exercise of the powers conferred on me by Sub-section (1) of Section 61A of the Calcutta Police Act 1866 (Bengal Act IV of 1866), I, Slid U. Mukharji, Commissioner of Police, Calcutta, do hereby prescribe, with die previous consent of the State Government, the type of vehicles described in the Schedule below as vehicles which shall not be driven or used in the streets or public places within the limits of the town of Calcutta as defined in Section 3 of the said Act: SCHEDULE. TYPE OF VEHICLES. Tricycles with platform bodies attached to the back for carrying goods with or without passengers and registered as carts, commonly described as cycle carts or cycle crates. Sd/- U. Mukharji, Commissioner of Police, Calcutta".

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