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SYED ABBAS HUSSAIN versus CROWN


West Pakistan Motor Vehicles Act 1939 Motor Vehicles Act (IV of I39 1939) Regional Transport Authority, even if half of the permits are eligible

P L D (Rev.) 1950 Punjab 13

Before J. W. Hearn, Financial Commissioner

Syed ABBAS HUSSAIN‑Appellant

Versus

CROWN‑Respondent

Appeal No. 219 of 1949‑50, decided, on 19th April 1950, from‑the order of R. T. A. Lahore, dated 11th January 1950.

Motor Vehicles Act (IV of 1939)‑---

Regional Transport Authority, whether competent to issue half permits.

Abdul Rahim, for Appellant.

Secretary R. T. A. Lahore, for the Crown.

ORDER

This is an appeal against the order of the Regional Transport Authority, Lahore, dated the 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 nor 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 it adopted. I am inclined to think, however that the time given to the appellant to carry out the 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 other affected by the order. With these remarks, I remand the case to the Authority for recon sideration.

K. M. A. Case remanded.

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