Rent and eviction -- Notice for eviction - Mere receipt of notice having been sent under certificate of posting in itself may not be sufficient proof of service, but if same is coupled with other facts and circumstances which go to show that party had notice, same could be held to be sufficient service on party...........
Intelligence Organizations (Restriction of Rights) Act, 1985, Section 7, Research and Analysis Wing (Recruitment Cadre and Services) Rules, 1975, Rule 135, Fundamental Rules, Rule 56(j) -- Compulsory retirement u/R.135 of Rules - Challenge as to - Ground of non-observance of principles of natural justice - R.135 of Rules is special provision and thus R.56(j) of Fundamental..........
Income Tax Act, 1961, Section 147 -- Undisclosed income - Assessment - Limitation - Availability of limitation period would be 16 years since the assessee has derived income from a foreign entity - Notice - There is nothing in the reasons to indicate that the revenue was intending to apply the extended period of 16 years - Assessee must be put to notice of all the..........
Limitation Act, 1963, Article 65, 66, 67, Transfer of Property Act, 1882, Section 111, Evidence Act, 1872, Section 62, 64 -- Suit for possession by landlord - Plea of limitation by tenant on basis of notice served by landlord in proceedings before Reference Court - Notice not produced by tenant in suit for possession either in form of primary evidence or secondary evidence..........
Negotiable Instruments Act, 1881, Section 138, 142(1)(b) -- Dishonour of cheque - Condonation of delay in filing complaint - Delay cannot be condoned without notice to accused and without granting him an opportunity of being heard in the matter...........
Negotiable Instruments Act, 1881, Section 138, 142(1)(b) -- Dishonour of cheque - Condonation of delay in filing complaint - Notice served on accused on 15.5.2018 - Complaint should have been filed on or before date 29.6.2018 - However, complainant got knowledge regarding date of service of notice on accused only on 26.6.2018 - Complaint filed by complainant only on..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - If acknowledgement card is not returned within a reasonable time, it is for complainant to make enquiry with postal department regarding fate of notice sent by him...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre-mature complaint - Any complaint filed before expiry of fifteen days from date on which notice has been served on drawer/accused is no complaint at all in eye of law...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Specific stand taken by defendant in her delay condonation application that in absence of any notice regarding transfer of suit, she had no knowledge about proceedings - Defendant further contended that when she learnt about ex parte..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(2)(b) -- Eviction petition - Arrears of rent - Landlord had issued notice to tenant demanding him to pay arrears of rent - Despite issuing reply notice, tenant not paid admitted arrears of rent - Tenant rightly evicted...........
