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 ... shall arise from knowledge of the award. It was also held that the
knowledge of award may be actually or constructively. It was held
oral settlement consented by all the parties
and there was constructive knowledge to the appellants and they have acted
upon on the basis of said ... Therefore, if it is held that constructive
knowledge is sufficient and amounts to compliance of Section 31 , the
petition filed by appellant would be barred
years in filing the
appeal and, therefore, whether it would be constructive knowledge of the
For Subsequent orders ... dismissed the appeal on the ground that there was
constructive knowledge as such as the petitioner was having an office at
Pathankot and the route
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. Actual or constructive
knowledge of the contents of the award can be established by the
Collector by proving
received by the party or the date on which actual or constructive knowledge of the award is acquired by the person concerned. The draftsman ... award or the date of the knowledge of the award either actual or constructive.
9. Before the amending Act the offer of
the amount
communicated to the said party. The knowledge of the party affected by such a decision, either actual or constructive, is an essential element which must ... communicated to the party later. The knowledge of the party affected by the award, . either actual or constructive, being an essential requirement of fairplay
term due diligence determines the scope of a
partys constructive knowledge, claim and is very critical to the outcome of the
suit.
No doubt, typographical
word "knowledge" can be imported into any such section, such knowledge need not necessarily be actual, but may be constructive.
21. Now, adverting ... constructively" It may be noticed that the expression "actual or constructive" used in the judgment, qualifying the word "knowledge
knew of the proceedings against him or not. The Court held that knowledge of the institution of the suit derived by the defendant aliunde ... knowledge of the proceedings the defendant would be deemed to have constructive knowledge of the decree and therefore if a period of thirty days
when he
got knowledge of the ex parte order, as the limitation period would
commence only from the date of knowledge of the ex parte ... which will enable the Court to examine whether the
applicant had constructive knowledge of the order at an earlier point
of time than what