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2018 (12) TMI 1005
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....L SINGH,J. 1. First supplementary affidavit filed today. The same is taken on record. 2. The present writ petition raises a short but interesting question of law being whether the petitioner would have a surviving right of appeal beyond a period of 30 days from the date of the penalty order or 30 days from the date of service of that order on the driver of the truck who was found to be trans....
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.... was first communicated to the petitioner on 25.05.2018. Having thus first gained knowledge of that order the petitioner further claims to have filed the appeal under Section 107(1) of the Act within the period of three months there from. 5. The aforesaid appeal came to be dismissed as time barred by the order dated 06.07.2018 by treating the period of limitation to have been commenced from 12.....
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.... one month from the expiry of period of limitation, the phrase "communicated to such person" appearing in Section 107(1) of the Act commend a construction that would imply that the order be necessarily brought to the knowledge of the person who is likely to be aggrieved. Unless such construction is offered, the right of appeal would itself be lost though a delay of more than a month would in all s....