owner over the property and that denial must be made to his knowledge. Certain factors have been considered to be relevant in examining this aspect ... open assertion of a hostile title, such that an actual or constructive knowledge thereof is clearly attributable to the party intended and sought
before 30-10-2000 or there was any constructive knowledge to the members. Knowledge can be presumed to have come to the member only after
affected or who will be
affected by the decision. The knowledge, either actual or
constructive, of the party affected by such a decision ... must be construed as meaning the date of communication or
knowledge, actual or constructive, of the order sought to be reviewed.
In O.N. Mohindroo
stapathi who is in the panel of stapathis for the purpose of constructing Gopuram. So, the submission of the learned counsel for the petitioner that ... purpose of the rule is that the stapathis are having specialised knowledge in constructing such Gopuram etc., and so it should be done only
purchase of the property. Hence, for the
said offer, knowledge actual or constructive of the party affected by the
award was an essential requirement
writ petition because of operation of the doctrine of constructive res judicata. To the knowledge of the petitioners', auction had taken place ... very much available to them, in view of the principle of constructive res judicata they are now estopped from challenging the sale proceedings in subsequently
show that only very limited buildings are constructed with such large plinth area. Further it is common knowledge that houses with
whatever form constructed with whatever material answer the description of "Building" under the Act. A building is essentially constructed to suit the requirements ... conceded and it is common knowledge that the structure called canopy by the petitioner is permanent and constructed at high cost either with metal
effect that the order must be made known either directly or constructively to the party affected by the order in order to enable ... person affected by it only when it comes to his knowledge either directly or constructively, otherwise not."
The same view was also reiterated
Khetshi vs State on 25 August, 2003
WPPIL/19/2011 32/ 32 JUDGMENT
IN
THE
