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Appeal No. 1012 of 1949‑50, decided on 17th May, 1951.
from the order of Regional Transport Authority, Rawalpindi.
Motor Vehicles Act (IV of 1939), S. 44 (1)‑No ‑function of Transport Authority to apportion shares in Company‑It is business of Rehabilitation Authority‑Transport Authority not bound to carry out suggestions of Officer on Special Duty.
It is no function of a Transport Authority to apportion shares in a Transport Company.
The distribution of shares in an evacuee company or in a company to replace it is the function of the Rehabilitation Authorities.
It is not incumbent on a Transport Authority to carry out the suggestions of an Officer on Special Duty in the Transport Department.
P. L. D. 1950 Pb. (Rev.) 612 (1) rel. on
Present :‑---
M. S. Mahbub, for Appellant.
Secretary, Regional Transport Authority; Rawalpindi. .
‑This‑is an appeal against an order dated 28th May 1949, whereby the' Regional Transport Authority, Rawalpindi, decided that as the appellant had sold his shares in the Kamal Bus Service to non‑Muslims before the partition he was not entitled to a share of Rs. 2,550 in the New Rural Transport Company Limited, Rawalpindi, and therefore that share should be allotted to a deserving refugee.
2. It has already been held by Mr. J. W. Hearn in a case reported as P. L. D. 1950 Pb: (Rev.) 612 (1), that it is no function of a Transport Authority to apportion shares in a Transport Company. He has also held that it is not incumbent on a Transport Authority to carry out the suggestions of an Officer on Special Duty in the Transport Department. He added that the distribution of shares in an evacuee company or in a company to replace it was the function of the Rehabilitation Authorities With that view I entirely agree. The order appealed against is infructuous and a nullity and is hereby set aside: The appeal is accepted.
Announced.
K.M.A Appeal accepted.
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