Negotiable Instruments Act, 1881, Section 138 -- Notice - Sent by Registered post at correct address - Notice received back with postal endorsement 'house locked' - Complaint cannot be dismissed at the threshold on the ground that there is no proper service of notice - Notice whether has been served has to be decided during trial - Burden is on complainant to show that..........
Civil Procedure Code, 1908, Order 37, Rule 4 -- Loan agreement - Recovery suit - Exparte decreed - On summons sent through ordinary process defendant was reported to be out of station as per information even by his wife - Summons sent by registered post came with remarks that addressee is not available despite repeated approach - On several dates either "Process fee was..........
Consumer Protection Act, 1986, Section 2(1)(g) -- General Clauses Act, 1897, Section 27 - Presumption as to service - Bank guarantee - Invocation of by petitioner - Non payment of by respondent Bank - Plea that letter sent through Registered Post invoking Bank guarantee not received by the respondent Bank - Petitioner did not file Acknowledgement Due Receipt -Affidavit of..........
Civil Procedure Code, 1908, Order 5, Rule 9 -- Summons - Service - Through process server and registered post - Always returned with vague endorsements such as 'not found', 'addressee has left' and 'not met' - There is presumption of service of summons...........
Civil Procedure Code, 1908, Section 80 -- Notice - Sent as per registered post - Unrebutted statement of plaintiff to same effect - Service of notice held, proved...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Sent as per registered post and also through certificate of posting - Notice sent as per registered post received back with postal endorsement 'addressee left' - No evidence led that notice sent under certificate of posting was in fact served on drawer of cheque - No proper service of notice - Complaint therefore..........
Transfer of Property Act, 1882, Section 106, Evidence Act, 1872, Section 114, Post Office Act, 1898, Section 14 -- Notice - Sent as per registered post - `Refused' - There is presumption of service of notice - Putting of postal rubber stamp as `refused' under S.14 of Post Office Act is not mandatory - Evidence of postman who made the endorsement not untrustworthy - Held,..........
Consumer Protection Act, 1986, Section 2(1),(g), Post Office Act, 1898, Section 6,28 -- Postal Service - Registered letter - Delay in delivery - Held that in the absence of any specified mention of registered letters in Section 6, the exemption provided under this section cannot extend to a letter sent by the registered post under Section 28 of the 1898 Act...........
UTI -- Unit Link Plan 1971 - Maturity amount - Non-Receipt/payment of - Cheques sent by registered post did not reach the complainant - Cheques encashed by some one else - No fault on the part of complainant - U.T.I liable to pay...........
Negotiable Instruments Act, 1881, Section 138 -- Company - Post dated cheque issued by an officer of Company - Said officer resigned before due date and this fact conveyed to office of Registrar of Companies and was registered there also - Said officer cannot be held to be an officer responsible for the management of the company on the date the offence can be said to have..........
