Civil Procedure Code, 1908, Order 9, Rule 13, Evidence Act, 1872, Section 114, , Section 27 - - Ex parte decree - Setting aside - Presumption of service of summons - Summons were not sent through post as such presumption of service u/s 114 Evidence Act and S.27 General Clauses Act cannot be raised on the basis of endorsement of refusal by process server - Held, in absence..........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Bombay General Clauses Act, 1904, Section 28 -- Dishonour of cheque - Claim as to non-receipt of notice - Sent by registered post at correct address and acknowledged by husband - Merely because accused did not receive notice personally and acknowledgment signed by husband, notice cannot..........
Transfer of Property Act, 1882, Section 106, General Clauses Act, 1897, Section 27 -- Quit notice - Notice sent by post can be addressed either at office or the residence...........
Transfer of Property Act, 1882, Section 106, Evidence Act, 1872, Section 114, General Clauses Act, 1897, Section 27 -- Quit notice - Sent by registered post at the proper address - Shall be deemed to be served in due course unless contrary is proved...........
Transfer of Property Act, 1882, Section 106, Evidence Act, 1872, Section 114, General Clauses Act, 1897, Section 27 -- Quit notice - Sent by registered post at the proper address - Endorsement "not claimed/not met" - Amounts to deemed service in the absence of evidence to rebut the presumption of service which arises both on fact and law...........
General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114 - - Service of summons - Presumption as to - Held, it is settled law that if summons issued by registered post bearing correct address of defendant and is returned by postal authorities with report of "refusal", there is presumption that addressee received summons sent by registered post - However said..........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114(f) -- Dishonour of cheque - Service of demand notice - Presumption as to - Held, once it is established that notice was sent under registered post with acknowledgment due, prepaid and correctly address, requirement of S.138 of the N.I. Act shall be deemed..........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27 -- Dishonour of cheque - Notice sent through registered post - Service of - Presumption as to - Held, if notice is sent through post office by registered post then, it shall be presumed that it is received by opposite party - Where applicant/accused could not prove that he left that..........
General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114 -- Notice - Sent as per registered post - There is a presumption in law that addressee received the materials sent by post...........
Evidence Act, 1872, Section 114, General Clauses Act, 1897, Section 27 -- Registered letter - Presumption - There is a presumption that the addressee has received the letter sent by registered post - However, the presumption is rebuttable on a consideration of evidence of impeccable character...........
