| Citation(s) |
|---|
| 1965 SLG 76 1965 SLD 76 1965 PLD 248 |
Supreme Court of Pakistan
Civil Appeals Nos. 63 and 64 of 1962, decision dated: 13th November 1964. (On appeal from the order of the Member, Board of Revenue, West Pakistan, Lahore, dated the 9th February 1962, in Appeals Nos. 221, 240 and 234 of 1960-61)
CIVIL APPEALS NOS. 63 AND 64 OF 1962, DECIDED ON 13TH NOVEMBER 1964. (ON APPEAL FROM THE ORDER OF THE MEMBER, BOARD OF REVENUE, WEST PAKISTAN, LAHORE, DATED THE 9TH FEBRUARY 1962, IN APPEALS NOS. 221, 240 AND 234 OF 196061)
S. M. Zafar Senior Advocate (No Advocate Supreme Court with him) instructed by Kamal Mustafa Bokhary Attorney for Appellants. Mahmud Ali Senior Advocate Supreme Court (Rafiq Ahmad Sheikh Advocate Supreme Court with him) instructed by Siddiq & Company Atto
Civil Appeals Nos. 63 and 64 of 1962, decision dated: 13th November 1964. (On appeal from the order of the Member, Board of Revenue, West Pakistan, Lahore, dated the 9th February 1962, in Appeals Nos. 221, 240 and 234 of 1960-61)
CIVIL APPEALS NOS. 63 AND 64 OF 1962, DECIDED ON 13TH NOVEMBER 1964. (ON APPEAL FROM THE ORDER OF THE MEMBER, BOARD OF REVENUE, WEST PAKISTAN, LAHORE, DATED THE 9TH FEBRUARY 1962, IN APPEALS NOS. 221, 240 AND 234 OF 196061)
S. M. Zafar Senior Advocate (No Advocate Supreme Court with him) instructed by Kamal Mustafa Bokhary Attorney for Appellants. Mahmud Ali Senior Advocate Supreme Court (Rafiq Ahmad Sheikh Advocate Supreme Court with him) instructed by Siddiq & Company Atto
Civil Appeal No. 63 of 1962 THE WEST PAKISTAN TRANSPORT COMPANY
VS
(1) THE TRANSPORT APPELLATE AUTHORITY (MEMBER, BOARD OF REVENUE), (2) KHURSHID & Co., (3) M. A. TRANSPORT Co. LTD., AND (4) G. T. BUS SERVICE LTD. AND Civil Appeal No. 64 of 1962
Law: Motor Vehicles Act, 1939
Section: 64,64(a)(f),47,50,55,57
(a) Motor Vehicles Act (IV of 1939), S. 64 (a) & (f)-Appeal against order of Transport Authority-Plea that in case of refusal of permits on ground of preference of one applicant over another no appeal at all lies rejected-Clause (f) does not control clause (a)S. 64 confers right of appeal on categories of persons mentioned but does not specify nature of relief persons aggrieved by Transport Authority's order may seek-Any relief may be granted that is appropriate for doing full justice-A person may be aggrieved by grant of permit to another-Each clause of S.64 creates on independent right and is not controlled by any other clause-Relief may be granted by cancellation of permits granted to another[Ram Gopal v. Anant Prasad and another A I R 1959 S C 851 ref.]. (b) Motor Vehicles Act (IV of 1939), S. 64-Appeal-PartiesThirteen appeals disposed of together by one order - Party impleaded in 10 of such appeals but not in other 3 -Each party's case considered separately by Appellate Authority-Held no illegality was committed by Appellate Authority in disposing of appeals. Authority, or in grounds of appeal or concise statement before Supreme Court-Not allowed to be raised in argument-Motor Vehicles Act (IV of 1939), S. 64-Constitution of Pakistan (1956), Art. 160. JUDGMENT HAMOODUR RAHMAN, J.-These appeals, by special leave, arise out of an appellate order of a Member, Board of Revenue, West Pakistan, acting as a Transport Appellate Authority, passed on the 9th of February 1962, whereby the stage-carriage permits granted to the appellants in these appeals by the Provincial Transport Authority, West Pakistan, on the Lahore-Hafizabad route, were cancelled. The respondents in both these appeals are common. It appears that the respondents Nos. 2 to 4 herein along with the appellants and some 45 others, in response to an advertisement issued by the Provincial Transport Authority inviting applications, applied for the stage-carriage permits on the Lahore-Hafizabad via Gujranwala inter-regional route. The Provincial Transport Authority after duly publishing these applications took the same up for consideration at its meeting held on the 2nd and 3rd June 1961 and…
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