Case Details

Citation(s)
1960 SLG 340 1960 SLD 340 1960 PLD 46
West Pakistan
Appellate Side No. 21 of 1959 60, decision dated: 06-04-1960, District Lahore.
M. W. ABBASI, MEMBER BOARD OF REVENUE
Sardar Muhammad 1qbal for Appellant. Kh. Abdur Rahim for Iqbal Transport. Khwaja Mahmood Sadiq for R. T. A.

THE CHENAB CO OPERATIVE TRANSPORT SOCIETY LTD., LYALLPUR

VS

THE REGIONAL TRANSPORT AUTHORITY, LAHORE AND ANOTHER

Law:

Section:

(a) Route Permit Co operative Transport Society going into liquidation Permanent route permits of Society "dry" with "death" of Society Permits not transferable to Societies re organized succession Motor Vehicles Act (IV of 1939), S. 59. (b) Motor Vehicles Act (IV of 1939), S. 59 Transfer applica¬tion a formal matter. A transfer application under section 59, Motor Vehicles Act, 1939 is a very formal matter regulated by an elaborate procedure prescribed under the section and the Rules framed thereunder. (c) Motor Vehicles Act (IV of 1939), S. 57 Provisions manda¬tory. The grant of permanent route permits is regulated under section 57, Motor Vehicles Act, 1939by a meticulous procedure the provisions of which are of mandatory character. (d) Route permit Applicant depending for operation of permits applied for, on borrowed or hired vehicles Not generally entitled to grant of permit. THIS ORDER PASSED BY: M. W. ABBASI, MEMBER BOARD OF REVENUE---.--- This purports to be an appeal under section 64 of the Motor Vehicles Act against the order of the R. T. A. Lahore dated 26 I 1960, canceling 9 temporary permits on the Lyallpur¬ Sargodha route. The facts of the case are as follows. The Chenab Transport Co operative Society existed from before the partition, comprising 53 non Muslim Members, one Muslim Member and a smaller Transport Company. They possessed 20 permits before 1947, which were reduced to 9 after the partition. The Registrar, Co operative Societies, while examin¬ing the general question of re organization of Transport Co¬operative Societies in the former Province of the Punjab which had be come evacuee in character, addressed the R. T. A. on the subject; and in the correspondence that followed the Registrar clarified his object in his D. O. No. RA/61 dated the 3rd May 1957, to the effect that he wished "to arrive at an understanding with the Regional Transport Authority that the route permits belonging to the present Societies will be passed on to the new Societies which will be organized in their place". The R. T. A. replied by its D. O. dated the 31st December 1957, asking whether the Co operative Department were prepared to observe certain con¬ditions…
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