section
18 requires to be read as referring
to the date of knowledge of the
essential contents of the award, and
not the actual date ... application
within six months of the date on
which he actually or constructively
came to know about the contents of
the award
communicated to the party later. The
knowledge of the party affected by the award, either
actual or constructive, being an essential requirement
of fair play ... constructively. Knowledge of the award does not mean
a mere knowledge of the fact that an award has been
made. The knowledge must relate
hands of the tenant, then they should naturally have constructive
knowledge about proceedings under the Kerala Land Reforms Act
especially when Wakf Act does
parties to carry on constructions would
cause irreparable injuries to the appellants.
(iv) Respondents having started constructions despite knowledge of the
special leave petition, this
words, within six months from the date, the party had constructed and/or actual knowledge or Information of the award in regard to Its essential ... 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
year 1988 defendant no.2 made constructions over the same and hence,
the said constructions amounted to knowledge as per section 3 of the Transfer ... knowledge about the deeds, hence they themselves having no knowledge about the said
deeds cannot raise valid objection to the plaintiffs' absence of knowledge
eventuality,
complainant herein must be taken as if he was having constructive
notice/knowledge of the said factum.
Also in the facts and circumstances
particular subject or craft etc. or its techniques, requiring special knowledge to be understood.
15. The Supreme Court in Continental Construction case (supra) explained ... hardly be any doubt that services involving specialized knowledge, experience and skill in the field of constructional operations are technical services.
16. In Mittal Corporation
Junior Engineers required and consequently it was not possible for to have knowledge of all the unauthorized construction carried out in the colony/area ... inferred that the petitioner could not have the knowledge of the unauthorized constructions. Considering the testimonies and the documents, it has been inferred that
person affected by it only when it comes to his knowledge either directly or constructively, otherwise not."
16. In MCD v. Qimat Rai Gupta ... What is, therefore, necessary to be borne in mind is the knowledge leading to the making of the order. An order ordinarily would be presumed
