Evidence Act, 1872, Section 65(a), 66 -- Secondary evidence - Original receipt in possession of defendant - Notice to produce not given - Trial Court rejected application - Order upheld...........
Electricity -- Pilferage - Assessment of electricity charges - Show cause notice issued - Explanation not submitted - Provisional assessment confirmed - Absence of explanation is not a ground to pass final order without application of mind - Record disclosing that S.E. merely affixed his signature on a proforma and blanks were filled up by somebody else - Assessing..........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Date of delivery of notice - Not mentioned in complaint - Not a ground for rejection of complaint - It is a question of fact to be decided by trial Court...........
Civil Procedure Code, 1908, Order 21, Rule 66, 54 -- Notice under O.21.R.66(2) to J.D. before settling sale proclamation not necessary when once O.21.R.54 is complied with by issuing notice at the stage of attachment to furnish value of the property for settling sale proclamation...........
Civil Procedure Code, 1908, Order 21, Rule 66(2) -- Proclamation of sale - Notice - Served on J.Ds. - One of the J.D. filed counter but remained ex parte without participating in proceedings - Notice issued proper - Finalisation of proclamation proceedings in the absence of J.Ds. - Not illegal...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Sale - Not liable to be set aside unless J.D. sustained substantial injury by reason of such irregularity or fraud - Irregularity must be a material irregularity - Inadequacy of price realised in sale must be proved to have been caused by reason of material irregularity or fraud - Reduction of upset price for want of bidders..........
Transfer of Property Act, 1882, Section 106 -- Notice - Two modes by which notice can be served - (i) By sending it to the party by post (ii) Second mode is by (a) tendering or delivering personally to such party or to one of his family members or servants, at his residence; (b) if such tender or delivery is not possible, affixing it to a conspicuous part of the property...........
Transfer of Property Act, 1882, Section 106, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114 -- Notice - Service - Proof - If notice is sent by registered post, properly addressed it shall be presumed to have been delivered to the addressee - There is no obligation to prove the service of notice by examining the postman...........
Transfer of Property Act, 1882, Section 106, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114 -- Notice - Under certificate of posting - A notice to quit sent by ordinary post is as valid as one sent under the registered post - Section 106 of the TPA does not provide that notice of termination of tenancy should be sent by registered post - There is a..........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Sent at the address given by drawer himself - Notice received back with endorsement 'addressee not found' - Voters list produced by drawer by way of rebuttal evidence to prove that he was not residing at given address but elsewhere during relevant time - But neither the initials of the drawer nor the name of father..........
