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Showing contexts for: constructive knowledge in K.Chandra Sekhara Rao vs The District Collector And 21 Others on 20 November, 2018Matching Fragments
39. The contention of the petitioners is that the limitation for filing appeal commences from the date fraud is discovered, that is to say from the date of knowledge of the order.
40. In support of their contention, they relied on decision in the case of State of Punjab Vs. Mst.Qaisar Jehan Begum (AIR 1963 SC 1604) wherein the Apex Court held that a literal and mechanical construction of the words "six months from the date of the Collector's award" occurring in the second part of clause (b) of the proviso would not be appropriate and the knowledge of the party affected by the award, either actual or constructive, being an essential requirement of fair play and natural justice, the expression used in the proviso must mean the date when the award is either communicated to the party or is known by him either actually or constructively. Where the award was never communicated to the party, the question is when did the party know the award either actually or constructively. 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.
45. In the case of Meenakshi Ammal Vs. Somasundara Nadar (AIR 1970 MADRAS 242) it was held that where the period of limitation is prescribed from the date of order, it means that the period should be counted from the date of knowledge of the order, actual or constructive, would seem to be applicable to all enactments.
46. In the case of Raja Harish Chandra Raj Singh Vs. The Deputy Land Acquisition Officer (AIR 1961 SC 1500) the Apex Court in the case where an order was not passed in the presence of the parties or after notice to them of the date when the order would be passed, the expression within 30 days after making of the order used in the said section means within 30 days after the date on which the communication of the order reached the parties affected by it. The time can begin to run only from the date on which the decision is communicated to the parties.