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AKHTAR N. CHOWDHRY versus CROWN


West Pakistan Motor Vehicle Act 1939 Permit Regional Transport Authority Cannot Issue Half Permit

P L D (Rev.) 1952 Punjab 1

Before J.W. Hearn, Financial Commissioner

AKHTAR N. CHOWDHRY‑Appellant

versus

CROWN

Appeal No. 218 of 1948‑50, decided on 19th April, 1950. The case was decided in the first instant by Regional Transport Authority Lahore, who refused to grant a permanent permit to the appellant.

Motor Vehicles Act (IV of 1939)-----

------

‑Permit‑Regional Trans port Authority cannot issue half permit.

Neither the Act, nor the rules contemplate a half permit and the Regional Transport Authorities are competent to issue full permits only.

Present :‑

Khawaja Abdur Rahim, for Appellant.

Secretary Regional Transport Authority, Lahore.

ORDER-----

----

This is an appeal against the order of the Regional Transport Authority, Lahore, dated 11th January, 1950 by which that Authority refused in effect to convert the half permit owned by the appellant into a full permit. Neither the Act, not the rules contemplate a half permit and the Regional Transport Authorities are competent to issue full permits only.

The Original grant of a half permit to the appellant did not, therefore, in my opinion comply with the provisions of the Act. In view of the fact that the authority decided to refuse to convert this half permit into a full permit, there was in my opinion only one course open to it, i.e., the one which is adopted. I am inclined to think, however, that the time given to the appellant to carry out order of the authority was somewhat short, and I would therefore suggest to the authority that it should extend the period both to this appellant and the others affected by the order. With these remarks I remand the case to the authority for reconsideration.

K.M.A.

Case remanded.

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