Transfer of Property Act, 1882, Section 106, General Clauses Act, 1897, Section 27 -- Two registered notices - One sent at residential address and the second at office address - Notice sent at office address never returned while the notice sent at residential address returned with postal endorsement `Refused' - Held, notice could be said to have been served on petitioner...........
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, Evidence Act, 1872, Section 114, General Clauses Act, 1872, Section 27 -- Notice - Registered notice - If the letter is sent by post pre-paid and properly addressed and posted by registered post to addressee - Addressee can be imputed with the knowledge of contents of notice...........
General Clauses Act, 1897, Section 27 -- Certificate of posting - It merely evidences fact of posting but does not evidence fact of delivery of notice to addressee even though address given on postal cover is correct - Certificate of posting, held is no proof of service of notice...........
General Clauses Act, 1897, Section 27 -- Notice - Sent as per registered post - Neither the unserved notice nor the acknowledgement cards received - Notice must be deemed to have been served...........
Evidence Act, 1872, Section 114, General Clauses Act, 1897, Section 27 -- Letter sent under registered cover - Endorsement of `Refusal' - There is a rebuttable presumption of service - Mere denial is not sufficient to rebut the presumption relating to service of registered letter...........
Transfer of Property Act, 1882, Section 106, General Clauses Act, 1897, Section 27 -- Registered notice u/s 106 - Postman visited several times but as the addressee absent the same returned to sender - Notice is to be treated sufficient compliance of the provision...........
General Clauses Act, 1897, Section 27 -- Presumption - Letter delivered to Post Office is presumed to have been delivered to addressee...........
Evidence Act, 1872, Section 114(f), Transfer of Property Act, 1882, Section 106, General Clauses Act, 1897, Section 27 -- Notice sent through registered notice is being sent back-avoidance of service only an inference of the postman - inference of service of notice cannot be drawn...........
