What circumstances presumption of notice can be raised?
The legal presumption regarding constructive notice is that a person should have known a fact as if he actually knows it. If the situations indicate that a man of ordinary prudence ought to have known a precise fact pertaining to the transaction of transfer then that person will be deemed to know it.19-Jul-2022
Unless and until the contrary is proved by the addressee, service of notice is deemed to have been effected notice. Unless and until the contrary is proved by the addressee, service of notice is deemed to have been effected.
What is the importance section 27 under the General Clauses Act 1897?
—Where any 49 [Central Act] or Regulation made after the commencement of this Act authorizes or requires any document to be served by post, whether the expression “serve” or either of the expressions “give” or “send” or any other expression is used, then, unless a different intention appears, the service shall be
Sessions quashed the summoning order holding that legal notice was not sent within the time prescribed and hence matter was remanded back to the Court concerned. Section 142 of NI Act gives ample power to the Judge to condone delay.09-Nov-2020
Under what circumstances presumption of notice can be raised under TPA?
In law, the Notice or Knowledge of a fact affects one's legal rights and liabilities. Under Section 3 of TPA Notice can be; “Actual or express Notice” or “Constructive Notice”, or it may be imputed to the transferee when information of the fact has been obtained by his Agent.24-Sept-2020
Under the doctrine of notice, a bona fide purchaser of a legal estate for value takes priority over any pre-existing equitable interest which is not registrable as a land charge, provided they did not have actual, constructive or imputed notice of their existence.
How do I prove my service of notice?
The revenue can rely on section 143(2) of the Income-tax Act, 1961, only if it proves that the notice issued by it was served on the assessee before the expiry of one year from the end of the month in which the return had been furnished by the assessee.20-Jul-2008
No response from a person to a court notice would result in the court issuing an arrest warrant against the person. In extreme cases, lookout notice may be issued as well.16-Aug-2019
What is deemed to be served?
That is why it is returned. Thus, the presumption that when the addressee whose address is set out on the envelope had an occasion to notice and peruse the packet, meant for him, but he refuses to accept it, then, that is deemed to be served.06-May-2017
The objects of the Act are several, namely, (1) to shorten the language of Central Objects of Acts; (2) to provide, as far as possible, for uniformity of expression in Central Acts, by giving definitions of a series of terms in common use; (3) to state explicity certain convenient rules for the construction and 21-May-1974
When General clauses Act is applicable?
“Unless the context otherwise requires, the General Clauses Act, 1897, shall, subject to any adaptations and modifications that may be made therein under Article 372, apply for the interpretation of this Constitution as it applies for the interpretation of an Act of the Legislature of the Dominion of India".30-Aug-2013
Section 3(22) of the General Clauses Act defines 'good faith' as “a thing shall be deemed to be done in 'good faith' where it is in fact done honestly, whether it is done negligently or not”. 'Good faith' would mean anything done honestly, whether done negligently or not.
Can 138 notice be sent after 30 days?
After giving notice you need to file a complaint case against drawer under Section 138 N.I. Act within 30 days from the expiry of notice period i.e. 15 days. In other words you need to file complaint case against drawer within 45 days (15+30) from the date of issue of notice.
Supreme Court of India. Cites 16 - Cited by 262 - Full Document. State Of Haryana vs Chandra Mani & Ors on 30 January, 1996. mistake of counsel by itself is always sufficient cause for condonation of delay.
Can 138 case be dismissed?
The Court accepted the same and noted that if a Magistrate chooses to dismiss a complaint because of non-appearance of the complainant, he has to acquit the accused meaning thereby that acquittal of the accused is a necessary consequence of the dismissal of complaint in default of appearance of the complainant.13-Jun-2022
There are two types of notice under the Transfer of Property Act, 1882 namely, Express or Actual Notice and Constructive Notice.16-Jan-2021
How many types of notice are there?
4 different types
In companies law the doctrine of constructive notice is a doctrine where all persons dealing with a company are deemed (or "construed") to have knowledge of the company's articles of association and memorandum of association. The doctrine of indoor management is an exception to this rule.
What are the three types of notice?
There are several types of notice: public notice (or legal notice), actual notice, constructive notice, and implied notice.
In case of an actual notice, the notice is served in person as opposed to constructive notice where although that person did not receive notice in fact, the law will consider them to have received notice. Note that constructive notice trumps actual notice.
What is Section 80 of Civil Procedure Code?
As is well known, Section 80, Civil Procedure Code, lays it down that No suit shall be instituted against the Government or against a public officer in respect of any act purporting to be done by such public officer in his official capacity,, without the expiration of two months next after notice in writing.
What circumstances presumption of notice can be raised?