taxes are a charge on the
property, are deemed to have constructive knowledge of the existence of
such municipal taxes and possible arrears, and hence ... constructive knowledge of the tax and of the possibility of
some arrears being due with the result that it becomes
their duty before acquiring
that at best the date of
knowledge or the date of constructive knowledge in this case shall be the date on which
the possession ... award was made known to the petitioners either
actually or constructively. Now the constructive knowledge can only be deciphered from
the record on the basis
Sujata Kohli vs Registrar General High Court Of Delhi on 24 April, 2020
Equivalent citations
order to the parties. Thus, the date of
communication or knowledge, actual or constructive, of the orders sought to
be rectified or amended under Section ... into
the question whether the affected party, either actually or constructively, was
in knowledge of the order passed by the ITAT.
14. The Supreme Court
diligence" determines the scope of a
party's constructive knowledge (See Samuel v. Gattu Mahesh :
(2012) 2 SCC 300). "Due diligence
concluded that the purchaser could not be fixed with any
constructive notice of arrears of municipal tax. It further pointed out that a
prudent ... make enquiries regarding arrears
of municipal tax and, the question of constructive knowledge or notice has got
to be determined on the facts and circumstances
diligence" determines the scope of a party's
constructive knowledge, claim and is very
critical to the outcome of the suit
petitioner who states that they never had any actual knowledge or
constructive knowledge of the said orders.
4. Let respondent No.3 file a short
Gautamsheth Kisan Wadve And Anr vs Kisan Gangaram Kale And Ors on 29 July, 2020
application within six months of the date on which
he actually or constructively came to know about the contents
of the award ... that the
limitation would start running from date of actual or constructive
knowledge of essential contents of award and not from date of passing
