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District Licensed Deed-Writers' ... vs State Of West Bengal And Ors. on 7 September, 1962 cites

Commissioners For The Port Of Calcutta ... vs Asit Ranjan Majumder And Ors. on 2 May, 1961

9. But the more serious challenge against Rule 11 is made on the ground that it makes unconstitutional discrimination between two classes of deed-writers. There is a good deaf of force in this argument under Article 14 of the Constitution. The argument may be stated briefly in order to appreciate the force of the objection under this head. It is said that the Rules governing the licensed deed-writers under the Rules made by Notification No. 3439J dated 18th September, 1943 are onerous and a licensed deed-writer has to satisfy the conditions laid down in these Rules. In the first place, these licensed deed-writers have to possess practical knowledge of the important provisions of the Transfer of Property Act, 1882, the Bengal Tenancy Act, 1885, the Indian Stamp Act, 1899, and the Indian Registration Act, 1908. But a licensed clerk a pleader or a muktear under Section 31A of the Legal Practitioners Act has not got to do so. Secondly, a schedule of fees for the licensed deed-writers is given in great detail in Rule 7 and breach of that schedule is punishable. But the licensed clerks of the pleaders or muktears under Section 31A of the Legal Practitioners Act do not have to observe any schedule of fees Because Rule 11 does not say so and the result is that they would be able to charge any fees and under-cut and under-score the licensed deed-writers. Thirdly, the discrimination is alleged to be on the ground that the licensed clerks are introduced as deed-writers by Rule 11 although the clerks are licensed under Section 31A of the Legal Practitioners Act to do acts which have nothing to do with deed-writing. In support of this reference is made to Rule 882 of the Rules made by this Court regarding Pleaders' and Mukhtears' Licensed Clerks under Section 31 of the Legal Practitioners Act as amended by the Bengal Touts Act, 1942. Rule 882 says that the Court shall allow the licensed clerks of pleaders or mukhtears practising before them-
Calcutta High Court Cites 53 - Cited by 4 - Full Document
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