Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Notice - Dispatch of demand notice under a certificate of posting is a valid mode of dispatch of demand notice...........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Service of notice - No service report on record regarding service of demand notice upon accused - Only dispatch proof under certificate of posting is on record - No presumption in connection with such demand notice u/s 138 of the Act through certificate of posting can be drawn unless it is coupled..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - By registered post - It is proper service of notice - There is no requirement to serve notice under certificate of posting...........
Rent and eviction -- Notice for eviction - Landlord filed photocopy of receipt of having sent notice under certificate of posting along with an affidavit, which was accepted by Presiding Authority - Further there is clear admission of tenant that appellant was his landlord and subsequent act of tenant depositing rent u/s 30(1) of Rent Control Act, would show that there..........
Rent and eviction -- Notice for eviction - Mere receipt of notice having been sent under certificate of posting in itself may not be sufficient proof of service, but if same is coupled with other facts and circumstances which go to show that party had notice, same could be held to be sufficient service on party...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Notice sent to accused both by registered post and under certificate of posting - Notice sent under certificate of posting was not returned but notice sent by registered post returned with postal endorsement `not claimed' - Held, notice was properly served to accused...........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Notice - It is averred in complaint that accused received copy of notice sent by certificate of posting - Held, it cannot be said that complaint is bad in law for no, service of notice u/s 138(b) of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Sent as per registered post, certificate of posting and by courier service - Notice sent by registered post received back with postal endorsement 'addressee left and new address not known' - Held, there is valid compliance of the statutory requirement of issuing notice to the accused...........
Janta Personal Accident Insurance Policy -- Cancellation of policy - Insurance claim - As per Condition No. 5 of the policy the insurer has the right to cancel the policy at any time after giving notice - Notice sent under certificate of posting as well as by registered post - Plea of the petitioner that address on the notice was interpolated repelled as the name of the..........
General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114 -- Notice sent under certificate of posting - Presumption u/s 27 of General Clauses Act does not apply to a letter posted under certificate of posting - Presumption u/s 114(f) of Evidence Act applies in such a case - Certificate of posting may give rise to the presumption that the letter was posted but..........
