Seth, J. - (1.) These two references may be disposed of by the same judgment as they raise a common question of law for decision.
(2.) The applicant in each case has been convicted under Section 123, Motor Vehicles Act, for having contravened the provisions of Section 42 (1) of the Act, which provides that: "No owner of a transport vehicle shall use or permit the use of the vehicle in any public place, save in accordance with the conditions of a permit granted or countersigned by a Regional or Provincial Transport Authority authorising the use of the vehicle in that place in the manner in which the vehicle is being used."
(3.) Applicant Gendan Lal has been convicted of another offence also, but I am not concerned with that offence in the reference in his case. I am concerned only with the conviction of the applicants in these two cases under Section 42/123, Motor Vehicles Act.;