| Case ID |
f98b9f23-1579-46c1-9fc4-b12aafd2041d |
| Body |
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| Case Number |
3-D of 1962 |
| Decision Date |
Feb 26, 1962 |
| Hearing Date |
|
| Decision |
The appeal was dismissed by the Supreme Court, which held that the permits issued to the appellant were not valid as they were granted irregularly and did not create any legal rights. The Court emphasized that the nature of the permits, which were ostensibly temporary, did not conform to the provisions of the Motor Vehicles Act. The Court noted that the Regional Transport Authority had acted outside its jurisdiction in granting these permits, and thus, the appellant could not seek relief through writ jurisdiction. The High Court's dismissal of the writ petition was upheld, and no costs were awarded. |
| Summary |
In the case of MESSRS MOMIN MOTOR COMPANY vs. THE REGIONAL TRANSPORT AUTHORITY, DACCA, the Supreme Court of Pakistan addressed issues relating to the validity of permits issued under the Motor Vehicles Act, 1939. The appellant, Momin Motor Company, contested the cancellation of their stage-carriage permits, arguing that they had been granted on a seemingly permanent basis. However, the Court found that the permits were irregularly issued and did not grant any legal rights to the appellant. The ruling highlighted the importance of adhering to the procedural requirements outlined in the Motor Vehicles Act for the issuance and renewal of permits. The decision underscored the distinction between temporary and permanent permits and clarified that permits issued under non-compliance with statutory provisions cannot be enforced in a court of law. This case is significant for transport law and administrative jurisdiction, emphasizing the necessity for regulatory authorities to follow established legal frameworks when issuing permits. Keywords such as 'Motor Vehicles Act', 'Supreme Court of Pakistan', 'transport law', and 'legal rights' are crucial for SEO. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
A. R. CORNELIUS, C. J.,
S. A. RAHMAN,
FAZLE-AKBAR,
B. Z. KAIKAUS,
HAMOODUR RAHMAN, JJ
|
| Lawyers |
Hamidul Huq Chowdhury Senior Advocate Supreme Court,
Abdul Hye Chowdhury Advocate Supreme Court,
S. S. Hoda Attorney for Appellant,
Maksumul Hakim Advocate-General East Pakistan,
Q. M. M. Sobhan Advocate Supreme Court,
Abdur Rasheed Attorney for Respondent No. 1
|
| Petitioners |
MESSRS MOMIN MOTOR COMPANY
|
| Respondents |
OTHER RESPONDENTS,
THE REGIONAL TRANSPORT AUTHORITY, DACCA
|
| Citations |
1962 SLD 3,
1962 PLD 108
|
| Other Citations |
West Punjab Government v. Pindi-Jhelum Valley Transport L.A. P L D 1953 Lah. 339,
Y. Mahboob Shariff & sons v. Mysore State Transport Authority A I R 1960 S C 321
|
| Laws Involved |
Motor Vehicles Act, 1939,
Constitution of Pakistan, 1956
|
| Sections |
57,
58,
62,
170
|