LIVING MEDIA INDIA LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) Challenge in this writ petition is to the validity of the note appeared to Rule 30 of the Indian Post Office Rules, 1933 issued by the Union of India in exercise of the powers conferred by the Indian Post Office Act, 1898.

(2.) The petitioner is a Company, which publishes various magazines and periodicals such as, India Today International, India Today - English, India Today - Hindi. India Today - Gujarathi, India Today - Tamil, India Today - Telugu, India Today - Malayalam, Business Today, Computers Today, Teens Today, Cosmopolitan and Journal of Applied Medicine- The above publications, according to the petitioner, have been registered as newspapers as per Section 9 of the Indian Post Office Act, 1898 (hereinafter referred to as "the Act"). Under Section 7 of the Act, the Central Government has been empowered to issue Notification in the Official Gazette to fix rates of inland postage and other sums to be charged in respect of postal articles sent by the inland post under this Act, and to make Rules as to the scale of weights, terms and conditions subject to which the rates so fixed shall be charged. It further proceeds to say, "provided that the highest rate of postage, when prepaid, shall not exceed the rate set forth for each class of postal articles in the First Schedule."

(3.) Sub-section (2) to Section 7 of the Act states " Unless and until such notification as aforesaid is issued, the rates set forth in the said Schedule shall be the rates chargeable under this Act."