Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
Appeal No. 259 of 1958‑59, decided on 9th January 1961. District Rawalpindi.
Route permit ‑Original home of permit‑ holders within jurisdic tion of R.T.A.‑Mere fact that they are also residing at place within jurisdiction of other R. T. A. no ground for cancellation of route permit‑Motor Vehicles Act (IV of 1939), S. 60 (d).
Ahdur Rahim for Appellant.
S. Ali Wah Zaidi for Respondent.
This order will dispose of both the connected Appeal: Nos. 259 and 260 of 1958‑59 The two appellants who are father and son hold public carrier permits sanctioned by the R. T. A., Rawalpindi. These permits were cancelled under the provisions of section 60 (d) of the' Motor Vehicles Act on the ground that the permits had been obtained by misrepresentation as the appel lants did not belong to a place lying within the jurisdiction of the R. T. A. and in fact were residents of Badami Bagh, a place lying in the Lahore Region. It has been contended on behalf of the appellants that they are residents of village Mateke Nagre, District Sialkot and in support of their plea they have filed reports to that effect by the revenue officers concerned. These reports indicate that the father, Muhammad Din owns property in the village; Farzand Ali is his only son and both of them are inhabitants of village Mateke Nagre; though for purpose of business they may 4have temporarily transferred their residence elsewhere. The R. T. A., to whom copies of the grounds of the two appeals had been sent have kept quiet over this assertion and have merely relied on some police enquiry which indicated that they were also residing at Badami Bagh, Lahore. Even if this contention is correct the original home of the two appellants lies within the jurisdiction of the R. T. A. concerned. 1 would, therefore, hold that no misrepresentation has been made by the two appellants, I accept their appeal, set aside the‑order passed and direct that the permits sanctioned to the two appellants should be restored to them.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer