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Documents citing Jagtar Singh Son Of Shri Ranjit Singh vs The State Transport Appellate Tribunal ... on 30 January, 2009

Jain Motors Regd. Patiala vs The State Transport Appellate Tribunal ... on 12 December, 2011

13. A conjoint and meaningful reading of these provisions would reveal and make it obligatory for the authorities making the order to communicate it to the concerned party and the period of limitation for any appeal against the order is reckonable from the date of such communication of written order itself. Reliance in this regard can be placed to a Full Bench judgment of this court in case Jagtar Singh v. The State Transport Appellate Tribunal & Ors. AIR 2009 Punjab and Haryana 114 (FB).
Punjab-Haryana High Court Cites 16 - Cited by 4 - M S Sullar - Full Document

Patiala Golden Cooperative Transport ... vs The State Transport Appellate Tribunal on 5 August, 2013

The appellant submitted application for obtaining certified copy of the order which was prepared and supplied on 1.4.2008 and the appeal under Section 89 of the Motor Vehicles Act, 1988 (in short, "the Act") was filed before the STAT on 30.4.2008 within a period of 30 days from the date of supply of certified copy of the order within the limitation prescribed. The said appeal was dismissed on 27.3.2009 being time barred on the ground that it had been filed after a lapse of about six years. Counsel for the appellant before the learned Single Judge contended that since the appellant did not receive the copy of the LPA No.888 of 2013 3 order nor it was aware of the fact that the decision had been taken on its application, there was no occasion for the appellant to file an appeal prior to the date on which the same had been actually filed. Learned counsel for the respondents relied upon Full Bench judgment of this Court in Jagtar Singh vs. The State Transport Appellate Tribunal and others, CWP No.8229 of 2007, decided on 30.1.2009 to contend that even if no formal communication of the order passed by the State or Regional Transport Authority had been done, the period of limitation for filing the appeal would start running from the date the aggrieved party acquired actual or constructive knowledge of the making of the said order. The learned Single Judge after hearing the parties agreed with the findings recorded by the STAT and dismissed the writ petition. Aggrieved thereby, the appellant is before this Court through the instant Letters Patent Appeal.
Punjab-Haryana High Court Cites 12 - Cited by 1 - Full Document

Baba Deep Singh Transport Co vs State Transport Appellate Tribunal on 24 April, 2012

6. The issue of limitation has been decided by a Full Bench of this Court in CWP No. 8229 of 2007 decided on 30.01.2009 in the case of Jagtar Singh v. The State Transport Appellate Tribunal and others which is relied upon by Mr. P.S. Bawa, learned counsel for the petitioner. The operative part of the judgment of Full Bench reads as under:-
Punjab-Haryana High Court Cites 1 - Cited by 0 - R N Raina - Full Document

Manjit Kaur vs State Transport Appellate Tribunal on 19 September, 2012

Learned State counsel would submit that the precise question that fell for consideration before the Hon'ble Full Bench in Jagtar Singh's case (supra) was as to whether the period of limitation prescribed for filing an appeal under Rule 85 of the Rules against the order passed by the State or Regional Transport Authority commences from the date of receipt of the said order or the date on which the aggrieved party acquires actual or constructive knowledge about the passing thereof. In the case of Jagtar Singh it had been held that even in cases, where there is no formal communication of the order passed by the State or Regional Transport Authority the period of limitation prescribed for filing the appeal would start running from the date the aggrieved party acquires actual or constructive knowledge of the passing of such order. It had further been held that the question as to whether or not the aggrieved party had any such knowledge would have to be examined by the Tribunal in each case depending upon the peculiar facts and circumstances.
Punjab-Haryana High Court Cites 7 - Cited by 1 - T S Dhindsa - Full Document

M/S Ex-Servicemen Highways Regd vs Stc Punjab And Others on 22 February, 2013

The questions with regard to the formal communication of the order by the STC to the aggrieved party and the period to file appeal have been duly considered by the Full Bench of this Court in Jagtar Singh vs. The State Transport Appellate Tribunal and others, 2009 (1) RCR (Civil) 928, where this Court has, in para 6 and thereafter in paras9 and 10, held as follows:-
Punjab-Haryana High Court Cites 8 - Cited by 0 - A G Masih - Full Document

Kuldeep Singh vs S.T.A.T on 25 April, 2013

Counsel contends that in the light of the Full Bench judgment of this Court passed in CWP No.8229 of 2007 Jagtar Singh vs. The State Transport Appellate Tribunal and others, decided on 30.1.2009 (Annexure P-3), the limitation would start from the date the order is conveyed to the petitioner or from the date when a constructive knowledge of the said order is said to have been obtained by the petitioner. In the present case, since the private operator, namely, Nabha Cooperative Society Ltd., Nabha-respondent No.3 did not lift the permit, there was no occasion to the petitioner to get the constructive knowledge with regard to rejection of his application by the State Transport Commissioner.
Punjab-Haryana High Court Cites 2 - Cited by 0 - A G Masih - Full Document

Smt. Satinder Kaur vs State Of Punjab And Others on 12 November, 2013

I have heard learned counsel for the parties and after examining the record, I am of the considered opinion that even in the case of Jagtar Singh (Supra) reference has been made to the decision in the case of "Raja Harish Chandra Raj Singh Vs. The Deputy Land Acquisition Officer and another" AIR 1961 SC 1500 in which it was held that since the application made by the petitioner therein had been rejected and on the basis of permit granted, the opposite party had started plying on the route concerned, the petitioner therein would not be able to allege that he had no knowledge about the order having been passed because when the route is being operative, it is presumed that the affected party knows that the permit had been granted to other party, giving him constructive knowledge about the rejection of his request for the permit. In that eventuality, the affected party cannot take the plea that the order was not communicated. In the converse case, if even after passing the impugned CWP No.22172 of 2010 -5- order, permit is not granted and route is not being operated, it could have been presumed by the petitioner that since the route is not being operated, therefore, the applications made by the petitioner as well as other party are still pending adjudication and no final decision has been taken but in the present case the facts are otherwise and thus, the petitioner cannot be allowed to take a plea of being ignorant about the impugned order which he had challenged after an inordinate delay of three years, four months and twenty nine days, whereas limitation to file the appeal is only 30 days.
Punjab-Haryana High Court Cites 4 - Cited by 0 - R K Jain - Full Document

Santokh Singh S/O Sohan Singh Etc vs S.T.A.T. Pb. And Others on 15 September, 2016

The issue of limitation and actual constructive knowledge and making of the order was subject matter of Full Bench in Jagtar Singh vs. The State Transport Appellate Tribunal and others, 2009(2) PLR 245. Accordingly, it was held that a party who knows about the 3 of 6 ::: Downloaded on - 18-09-2016 03:23:50 ::: CWP-1206-2015 4 making of an order cannot ignore the same and allow grass to grow under its feet and do nothing except waiting for a formal communication of the order. Allowing a party to do so would amount to placing a premium on the lack of diligence of a party, who is remiss in seeking a remedy that was available to it. The relevant portion reads as under:-
Punjab-Haryana High Court Cites 6 - Cited by 0 - G S Sandhawalia - Full Document
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