| Case ID |
0aa878fe-feb1-4f01-b946-8a78180d9f9a |
| Body |
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| Case Number |
Appellate Side No. 75 of 1958-59 |
| Decision Date |
Dec 14, 1959 |
| Hearing Date |
|
| Decision |
The case involves two connected appeals against the R. T. A. Quetta's order dated January 29, 1959, which refused to grant stage carriage permits to the appellants for additional service on the Quetta-Chamman route. The appellants, existing operators, claimed that there was no necessity for additional service, yet evidence showed public demand for it. The R. T. A. was within its rights to grant permits based on a survey that indicated the need for additional service. The decision emphasized that existing operators have a preferential claim that is not overriding, and tribal representation can be a valid consideration in granting permits. The R. T. A.’s discretion in revising its earlier policy was justified, and the permits were granted to the respondent company. |
| Summary |
This case revolves around the grant of additional stage carriage permits on the Quetta-Chamman route. The R. T. A. Quetta Kalat had initially refused permits to existing operators, citing no necessity for additional service. However, a survey indicated a public need for more service, which led to a reconsideration of the decision. The appeals highlighted the importance of past performance and future promise of operators, as well as the consideration of tribal representation in decision-making. The R. T. A. determined that the respondent company had the capability to manage the additional service, leading to a legal discussion on the rights of existing operators versus new entrants in the transport sector. This case sets a precedent for how public interest and tribal considerations are weighed in transportation permits. |
| Court |
West Pakistan Appellate Court
|
| Entities Involved |
Shah Muhammad Transport Co.,
R. T. A. Quetta Kalat,
Boghra Transport Company
|
| Judges |
M. W. Abbasi
|
| Lawyers |
|
| Petitioners |
,
The Boghra Transport Company, Quetta
|
| Respondents |
,
The R. T. A. Quetta Kalat
|
| Citations |
1960 SLD 332,
1960 PLD 34
|
| Other Citations |
Not available
|
| Laws Involved |
Motor Vehicles Act
|
| Sections |
47(1)(a)
|