Collector or at least had constructive
knowledge of the same. Knowledge whether actual or
constructive is sufficient for the purposes of computing
limitation, even otherwise ... that the knowledge of the award does not mean a mere knowledge
of the fact that an award had been made. The knowledge must relate
My Space Inc. vs Super Cassettes Industries Ltd. on 23 December, 2016
Bench: S. Ravindra
knowledge of the contents of the award.
Actual or constructive knowledge of the contents of the
award can be established by the Collector by proving ... 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
Indiamart Intermesh Ltd vs Puma Se on 2 June, 2025
Author: Vibhu Bakhru
Bench: Vibhu
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 ... knowledge of the contents of the
award.
31. Actual or constructive knowledge of the contents of the award
can be established by the Collector
mentioned and held that limitation would commence from the actual or constructive knowledge of the making of the award. This court in Gian Chand ... party or was known by him either actually or constructively. It further observed that the knowledge of the award did not mean mere knowledge
knowledge" as defined in the dictionary of Modern Legal Usage , which is to the following effect :
"Knowledge; notice. As a general matter, knowledge ... Aviation, Inc. 841 F2d 166, 170 (7th Or. 1988). The phrase constructive knowledge is equivalent to-and inferior to-notice."
According
knowledge. The Division Bench, however, restricted the knowledge test.
45. As per the Division Bench in MySpace (supra), knowledge could be
actual knowledge and constructive ... only question was
whether MySpace had reason to believe i.e., constructive knowledge of the
infringement and if yes, then what is the role
compensation. According to the petitioners they had the actual and/or constructive knowledge of the award on 15th April, 2002 and they had filed ... 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
said to have come to the notice of the
Registrar, actually or constructively, on the date when the
Balance Sheet was delivered at his office ... establish that the complainant did
have actual knowledge or at least
constructive knowledge about the offence
and the period of limitation had started
running from
