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Update and Articles of each organization is enlisted with the recorder of the companies. It is been assumed that you have information or you realize all the data with respect to the Articles and Memorandum of the organization to the untouchable to the organization. This convention is the rule of assumption of the information on that specific subject or data according to law.
Along these lines, the fundamental concentration or primary territory is the Doctrine of Constructive Notice.
Notice is for the most part determines the data with respect to any subject or any sort of information which is to be spread to all the individuals there by. The notification is a data which is given lawfully or typically hand it over to individual or gathering of people to give data about a specific data or a notification which is given legitimately is bring which is a lawful notification by the court to an individual informing that the person must be available or show up before the court as the bring is given to the litigant in the suit documented against him by the offended party. The notice is served either to public at large or to an individual person. Under Section 3 of The Transfer of Property Act, Notice can be “Actual or express Notice” or “Constructive Notice”, or it may be imputed to these called transferee when information of the fact has been obtained by his particular Agent. As we all very well know that notice is an alert or a kind of information which has been given or particularly informed to the person or the group of persons there by. In legal arena, the Notice or the Knowledge of a fact generally affects one’s legal rights and liabilities. In law, it means knowledge of a fact which is used to decide on some conflicting claims of two parties.
Notice which means to have knowledge of something i.e. The concept that is the Doctrine of Notice for the purpose of The Transfer of Property Act is given under Section 3 of Transfer of Property Act, 1882 (TPA). In short, the doctrine of the Constructive knowledge is that of a person who is bound and to make an inquiry and fails to do it, should be held that to have notice of all the facts, which would have come to the very knowledge had he made the very inquiry. Constructive Notice is a kind if notice which treats a person who ought to have known a fact as is if he crummy knows that presume notice has roughly been defined as a knowledge which the court imputes to a person upon a presumption that is so strong that it cannot be rebutted that the very knowledge must be obtained. In this research paper, we shall majorly study the meaning of notice, actual notice, constructive notices, and instances where the very specific courts presume the knowledge of the Facts. But apart from that it would also be extended to the applicability of justice in today’s time, does it still stand as important as it used to at the time of origin of law. “A person, therefore, is said to have ‘notice’ of a fact when he actually knows that fact or when but from wilful abstention from an enquiry or search or gross negligence, he ought to have known it.” This project would aim at understanding the concept, origin and relation of justice with law. Section 3 of the Transfer of Property Act, 1882, specifies three kinds of notices that is actual, constructive and imputed notice. The word ‘Notice’ which means knowledge of a fact.
Author : Saurav Agarwal, Student at University of Petroleum and Energy Studies.Ĭo-Author : Pratyaksha, Student at University of Petroleum and Energy Studies.
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