Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Evidence discloses complainant`s financial incapacity to advance hand loan and inconsistent version about reason for hand loan - Even, there is no evidence to show that notice was sent by registered post as address was incomplete and it is not possible to draw presumption..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Plea of accused that statutory notice was not served on him and that complainant had no ability to advance amount - Plea held not tenable as on basis of statutory presumption available to notice sent by registered post in correct address and also on basis of evidence of PW2, trial Court..........
Evidence Act, 1872, Section 114, General Clauses Act, 1897, Section 27 -- Registered notice - Three notices sent by registered post on the same address - First notice received - Two notices received back with postal endorsement `the addressee did not receive the same for the past one week' - Correct address is shown by the fact that first notice is admitted to have been..........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114 -- Dishonour of cheque - Notice - Sent by registered post correctly addressing to the drawer of cheque - Service of notice is deemed to have been effected - Drawer is at liberty to rebut the presumption...........
General Clauses Act, 1897, Section 27 -- Notice sent by registered post - There is presumption of service of notice...........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114 -- Dishonour of cheque - Notice - Sent by registered post at correct address - There is presumption of service of notice - However, such presumption is rebuttable...........
Evidence Act, 1872, Section 114, General Clauses Act, 1897, Section 27 -- Registered notice - Court can draw presumption that notice was served on the party if same was sent by registered post with acknowledgement due to the address where he or she ordinarily resides unless and until the contrary is proved and moreso when it is not the case that addressee was not residing..........
General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114, Indian Post Office Act, 1898, Section 3, 14 -- Notice - Sent by registered post - Received back with postal endorsement `Refusal' - There is presumption of service of notice unless rebutted - When sendee/addressee denies service of registered letter then onus to produce postman is on him - In case he..........
Transfer of Property Act, 1882, Section 106 -- Notice - Eviction suit - Plaintiff proved that he had sent the notice to defendant by registered post at the correct address and same was returned with postal endorsement of `refusal' - Presumption u/s 114 of Evidence Act r/w S.27 of General Clauses Act raised against defendant that he had refused to accept the said notice -..........
Transfer of Property Act, 1882, Section 106 -- Notice - Eviction suit - Notice sent by registered post at correct address - Refused by addressee - Notice shall be deemed to have been served in view of S.27 of General Clauses Act - Mere denial that notice was not refused by petitioner not enough to rebut presumption of service until and unless petitioner brings some..........
