Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Sent as per registered post - Received back with postal endorsement 'Left without address' - Accused in fact residing at the address given on envelope - Accused failing to explain that he was not available at his house - It is service of notice...........
Rent and Eviction -- Notice to quit - Mode of service of notice - Law prescribing one months notice - Held, in such event, the notice can be served in any manner and it cannot be claimed that the same should be served only by registered post with acknowledgement due...........
Notice -- Law not prescribing how to be served - No necessity to send by registered A.D. post - Notice when served to son who accepted but refused to put his signature as a token of acceptance and thereafter also affixed a copy of notice on gate - Held, notice duly served...........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27 -- Dishonour of cheque - Notice - Sent through registered post - Notice received back with postal endorsement 'Unclaimed' - Held, presumption is of due notice...........
General Clauses Act, 1897, Section 27 -- Notice - Service - Notice returned to the landlord due to non-availability of the tenant or person authorized by the tenant - Landlord is under no obligation to get it affixed on the demised premises - Statutory requirement - (i) Post of pre-paid registered letter, (ii) Correct address of the tenant - Complied with - Notice presumed..........
Evidence Act, 1872, Section 67 -- Proof of document - Notice sent through registered post - `Endorsement' of postman that notice has not been claimed - Not an execution of document - Not comparable to proof of execution of a document - Contention that Postman required to be examined to prove the endorsement - Misconceived...........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27 -- Dishonour of cheque - Notice - Sent through registered post at correct address - Received back with postal endorsement 'Addressee not present at time of delivery' - It is due service...........
Banking service -- Postal service - Deficiency is service - Complainant-petitioner sent consignment of handlooms sarees through Transport - The documents sent through respondent No. 1 Bank to ensure payment - Paper sent by respondent No. 1 Bank to Central Bank of India, Guljani Bagh, Patna but had been delivered at Central Bank of India at Fatehpur, EDSO, Patna by Postal..........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Sent by registered post at correct address - Notice received back with postal endorsement that addressee was abroad - Held, provision of S.138 is sufficiently complied with...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Absence of pleading that notice was sent at the correct address of the drawer by registered post acknowledgement due - However, returned envelope annexed to complaint and thus it formed part of the complaint - Returned enveloped showed that it was sent by registered post acknowledgement due to the correct address..........
