Civil Procedure Code, 1908, Order 9, Rule 7, Civil Procedure Code, 1908, Order 5, Rule 19A, 20 -- Once the Court directs service to be effected by registered post, it is obligatory upon a party to comply with the order - Defaulting party cannot take any advantage of its own default...........
Civil Procedure Code, 1908, Order 9, Rule 7, Civil Procedure Code, 1908, Order 5, Rule 19A, 20 -- Exparte proceedings - Setting aside - Summons sent at the wrong address - Summons not sent as per registered post acknowledgment due, despite order of Court and even the proclamation was effected in a village where the defendant was not residing - Exparte order set aside...........
Haryana Urban Development Authority Act, 1977, Section 17, 42 -- Mere issuance of notices by Estate Officer - Cannot be treated as sufficient compliance of requirement of giving reasonable opportunity of hearing - Notices issued by Estate Officer neither served by registered post nor same tendered personally - Order of resumption passed without giving opportunity of..........
Punjab Land Revenue Act, 1887, Section 20 -- Proclamation where only one individual involved - Section 20 does not specifically debar such procedure - Section 20 providing for proclamation, only enabling in nature - Section 20(2) and 20(4) applicable in a case where personal service cannot be made or is refused, then summons should be posted on some conspicuous place in or..........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Sent as per registered post, within time and at the correct address - Notice received back with postal endorsement `Garage was closed' - Held, it is due compliance of statutory requirement...........
Punjab Land Revenue Act, 1887, Section 20 -- Refusal of service - Procedure of sub-sections (2) and (4) of Section 20 should be followed - Sub-section (2) provides that if acceptance of service refused, summons may be served by posting a copy thereof at the usual or last known place of residence of person - Sub-section (4) provides that summons may be served either in..........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Sent as per registered post - Neither unserved postal cover nor acknowledgment received back by sender - A copy of statutory notice filed alongwith the complaint - Presumption is that the notice is deemed to have been served but it is a rebuttable presumption - Complaint cannot be quashed for want of notice at this..........
Service -- Disciplinary enquiry - Removal from service - Charge sheet - Sent as per registered post - Returned with postal endorsement `not found' - Cannot legally treated to be served - Show cause notice straightway published in newspaper - Theory of communication cannot be invoked - Actual service of charge-sheet and show-cause notice must be proved and established -..........
Haryana Panchayati Raj Act, 1994, Section 51(5) -- Appeal against removal of Sarpanch - Plea that no show - cause notice issued before passing order of removal - Not tenable as records show that show - cause notice sent by registered post to which appellant filed reply - Plea against the record amounting to suppression of material facts, deliberately and calculatedly..........
Civil Procedure Code, 1908, Order 5, Rule 19-A -- Provision does not require that service of summons by both the modes, i.e. by registered post acknowledgment due as well as through Court should necessarily be served in order to constitute proper service - If summons are served by any one mode as provided in the provision it is sufficient service - Summons sent by..........
