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Showing contexts for: constructive knowledge in Shriyana Kumar Jain And Ors. vs State Of Madhya Pradesh And Anr. on 25 July, 1994Matching Fragments
The same view was expressed by the Supreme Court in the case reported as State of Punjab v. Quisar Jehan Begum, AIR 1963 SC 1604. The relevant observations are as under :-
". . . the party affected by the award must know it, actually or constructively, and the period of six months will run from the date of that knowledge. Now, knowledge of the award does not mean a mere knowledge of the fact that an award has been made. The knowledge must relate to the essential contents of the award. These contents may be known either actually or constructively. If the award is communicated to a party under Section 12(2) of the Act, the party must be obviously fixed with knowledge of the contents of the award whether he reads it or not. Similarly when a party is present in court either personally or through his representative when the award is made by the Collector, it must be presumed that he knows the contents of the award. Having regard to the scheme of the Act we think that knowledge of the award must mean knowledge of the essential contents of the award."