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Showing contexts for: constructive knowledge in K.C. Ninan vs Kerala State Electricity Board & Ors. on 19 May, 2023Matching Fragments
97. In AI Champdany Industries Ltd. v. Official Liquidator,48 this Court held that such a provision of law should not merely create a charge, but it must expressly provide for the enforcement of a charge against the property in the hands of a transferee for value without notice of the charge.
98. In Haji Abadulgafur Haji Husseinbhai (supra), this Court considered the doctrine of constructive notice as provided under Section 100. In that case, the Municipal Corporation had a charge on the property of a person who was in arrears of property tax. An auction purchaser, who became the owner of the property, resisted the attempt of the Municipal Corporation to recover the arrears of pending taxes in exercise of its charge on the ground that they were not aware Dattatreya Shanker Mote v. Anand Chintaman Datar & Ors, (1974) 2 SCC 799 Dattatreya Shanker Mote v. Anand Chintaman Datar, (1974) 2 SCC 799; State of Karnataka v. Shreyas Papers Pvt. Ltd, 2006 (1) SCC 615 (2009) 4 SCC 486 PART F of the past municipal tax arrears. The Corporation argued that the transferee was imputed with constructive knowledge of the charge created against the property due to Section 141 of the Bombay Provincial Municipal Corporations Act 1949. The Court held against the Municipal Corporation on the ground that in the facts of the case, the plaintiff did not have constructive notice of the arrears of municipality.