Case Details

Citation(s)
1965 SLG 4511 = 1965 SLD 4511 = 1965 PLD 33
Dacca High Court
Writ Petition No. 218 of 1964, decided on 25th August 1964.
Presented By: A. Sattar and A. M. Sayem, JJ
S. R. Pal and Abu Backkar for Petitioner.   Maksumul Hakim Advocate-General and Abdul Wadud Mullick for
Respondents.

  M. Y. REZA BAIG-Petitioner  

VERSUS

  REGIONAL TRANSPORT  AUTHORITY,  DACCA  AND ANOTHER-Respondents

Law: Motor Vehicles Act (IV of 1939)

Section: 51(d)

Motor Vehicles Act (IV of 1939), S. 51 (d) and Bengal Motor Vehicles Rules, 1940-Route permit-Regional Transport Authority, after issuing permit, not competent to impose any new condition Notification requiring auto-rickshaws be fitted with taxi meters of approved make -Held, not binding on holders of route permits issued prior to notification - Dacca Gazette, Notification No. 43MV/10, dated 7-2-64.   Dates of hearing: 15th: 23rd July and 3rd August 1964.   JUDGMENT   A. M. SAYEM, J.-The petitioner owns 4 Auto-Rickshaws and holds a route-permit for each one of them, issued by the Regional Transport Authority, Dacca. The permits are in Form P. Co. P. Part B. In each case the permit was granted for three years, one of which bearing No. 1080 is to expire on 19-6-65, another bearing No. 1277, on 7-9-65, the third, bearing No. 1397, on 9-1-66 and the fourth, bearing No. 1640, on 28-7-66.   Form P. Co. P. Part B is as follows:-   Form P. Co. P. Part B.   Summary to be exhibited on the vehicle .   ..................... Transport Authority .   Particular contract Carriage Permit No. P. Co. P.   Name of holder :............................   Registration mark :............................   Route/Area :...........................  Date of expiry :............................   Conditions :............................  Fare :..................pies per mile.   Type of Taximeter, if any ...........................Secretary   Date .19 Transport Authority     All the serials in the above form have been duly filled up by the Regional Transport Authority in each of the permits, except serial No. 7 which relates to taxi meters.   By a notification bearing No. 43MV/10 dated 7th February 1964, published in the Dacca Gazette on the 26th February 1964, issued under the signature of the Chairman of the Regional Transport Authority, Dacca, and purporting to be in exercise of powers conferred by rule 173 of the Bengal Motor Vehicles Rules 1940, (sic) the said Regional Transport Authority required all owners of Auto-Rickshaws plying within the district of Dacca to fix taxi meters of Osaka…
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