this, the learned Reference Court
erroneously concluded that the claimant had
constructive knowledge of the award.
5.1 It is further submitted that the award ... knowledge of the award does not mean a mere
knowledge of the fact that an award has been made.
The knowledge must relate
been made a charge on the property by statute
have a constructive knowledge of the tax and of the possibility of
some arrears being ... Sales Tax
Department that the Petitioners had either informed or had
constructive knowledge of their dues, save and except to the
extent
Collector was undated. Thus, without proper and effective
notice (actual or constructive knowledge of the award's
contents), the limitation period for challenging ... 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
very decision, the Apex Court
has observed thus:
31 Actual or
constructive knowledge of the contents of the award can be
established by the Collector ... records coupled with delay, can also lead to an inference
of constructive knowledge. In the absence of any such evidence by the
Collector, the claim
concerned only from the time when the proposed acquisition came to his knowledge and it would be open to him to point out that ... prescribed period of limitation from the date of actual or constructive knowledge of acquisition and hence the order which we propose to pass will
file the objections within 45 days of the actual or constructive knowledge of the proposed acquisition. The provisions contained in s. 269J
file the objections within 45 days of the actual or constructive knowledge of the proposed acquisition. The provisions contained in s. 269J
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 ... constructive knowledge' of the award would not mean mere knowledge of the fact that an award has been made. 'The knowledge must relate
entered into the sale transaction without any actual or constructive knowledge of the pending proceedings for winding up of the Company. He has, therefore, submitted
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 ... should be construed as meaning, the date of
communication or knowledge, actual or constructive, of the order
sought to be appealed .
Besides
the same
