Civil Procedure Code, 1908, Order 5, Rule 11, 15 -- Service on son of defendant -Only if son is member of Joint Family or defendant is found absent from house to receive notice or that there is no likelihood of defendant being found at his residence within a reasonable time and he has no agent duly empowered to receive notice - In absence of a finding to this effect..........
Negotiable Instruments Act, 1881, Section 138 -- Cheque presented three times - Notice issued within 15 days of the last dishonour - Notice issued is valid...........
Limitation Act, 1963, Section 12 -- Limitation - Excluding period for obtaining certified copy - Notice not issued after preparation of the certified copy - Held, when no notice is given regarding the preparation of the certified copies, the period from the date of the filing of the application to the date of the delivery of certified copies is to he excluded while..........
Punjab Village Common Lands (Regulation) Act, Section 7 -- Ejectment simply on the basis of inspection conducted by Assistant Collector and report by Kanungo in absence of persons to be ejected - Not justifiable-Assistant Collector committed a serious lapse by not giving notice of application to one of the persons to be ejected and affording opportunity of being heard..........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Date of issuance of notice mentioned in complaint and not date of receipt of notice - Mere fact that the date of delivery of notice is not mentioned in the complaint, does not affect the maintainability of the complaint...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Sent by UPC - There is a presumption that unless it is returned to the sender it has reached the addressee within a reasonable time - Principles of constructive service of notice can be applied to such cases...........
Carriers Act, 1865, Section 10 -- Loss of goods - Damage - Notice - Expression `Loss of or injury' - Means loss or injury to the goods and not to the carrier or consignee - Intention to issue notice is to enable the carrier to trace the goods - Provision is not applicable in the case of `non delivery' of goods to the consignee where the carrier is already aware as to where..........
Carriers Act, 1865, Section 10 -- Non delivery of goods - Notice is not mandatory...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Can be granted pending service of notice subject to any modification or even an order of cancellation that may be passed after the husband was heard...........
Civil Procedure Code, 1908, Order 9, Rule 5 -- Notice given to a counsel is for all purposes a notice to the concerned party whom he represents and mere fact that the counsel on being served desired Court to send notice to the party does not change the position...........
