view of Bhagwan Das 's case
(supra), actual or constructive knowledge of the contents of the award
can be established by proving that ... 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
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
diligence" determines the scope of a party's constructive knowledge, claim and is very critical to the outcome of the suit ... term 'due diligence' determines the scope of parties' constructive knowledge, and is critical to the outcome of the suit. The Court also
possible, statutes authorize
substituted service and such service attributes
constructive knowledge of the assessee. To
6
I.T.A. No. 7782/Del/2019
attribute such ... constructive knowledge, the
substituted service must be in accordance with
the prescribed procedure, that is, by Section 64
of the Agricultural Income
K.C. Ninan vs Kerala State Electricity Board & Ors. on 19 May, 2023
Bench
diligence"
determines the scope of a party's constructive knowledge, claim
and is very critical to the outcome of the suit
diligence" determines the scope of a party's constructive knowledge, claim and is very critical to the outcome of the suit ... diligence" determines the scope of a party's constructive knowledge, claim and is very critical to the outcome of the suit
Electricity Department.
Therefore, the opposite party No.1 did not have constructive knowledge
regarding the activity of the petitioners viz. encroachment of the land
properties of an asset and could not be construed as indicative of
constructive notice of charge or encumbrance. Reliance is placed on
Ahmedabad Municipal Corporation ... auction purchaser making any inquiries or foisting upon him any
constructive knowledge does not arise; rather, proviso to Section 185 frees
an auction purchaser from
knowledge. Now, knowledge of the award does not mean a mere
knowledge of the fact that an award has been made. The
of
knowledge must ... this aspect.
78) In the instant case, the question of constructive knowledge of
the award cannot be presumed as has been done by the
Additional