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Showing posts with label notice. Show all posts
Showing posts with label notice. Show all posts
Saturday, 26 July 2025

Calcutta HC: Whether plaintiff must issue legal notice before filing civil suit for recovering damages for defamation?

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10. In that view of the matter Mr. Dutt's submission that a letter of demand by the Solicitor was not condition precedent before filing ...
Sunday, 29 December 2024

Kerala HC: Orders Issued U/S 73 Of CGST Act Must Carry Digital Or Physical Signature Of Officer In Order To Be Treated As Valid

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 On consideration of the submissions advanced and the legal provisions, we are of the view that Section 160 of CGST Act 2017 is not attracte...
Tuesday, 13 June 2023

Should the Slum Authority Issue Individual Notices to All Owners and Occupiers of Immovable Property Before Declaring an Area as a Slum Area?

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The short point which really falls for consideration in the present Writ Petition is  whether publication of a Notification issued under Sec...
Sunday, 4 September 2022

What is duty of municipal commissioner if he issues notice for removal of unauthorized construction?

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A perusal of the impugned notice shows that respondent No. 1 has not dealt with the explanation of the petitioner and has rejected the same ...
Tuesday, 19 October 2021

Whether a party other than Municipal Corporation can raise the issue of maintainability of the suit on the ground of non-issuance of statutory notice?

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  Considering the above judgments both under Section 80 of C.P.C. and Section 527 of the B.M.C. Act the law as laid down can be summarised a...
Monday, 13 September 2021

Whether an issue of non issuance of notice U/S 487 of BPMC Act can be decided as preliminary issue?

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   Contention was also raised that the objection to limitation is based on Section 487 of the Bombay Provincial Municipal Corporations Act, ...

Whether notice U/S 487 of MMC Act to Municipal Commissioner is a notice to municipal Corporation?

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  This being a second appeal governed by section 100 of the Code of Civil Procedure, the substantial point for consideration before us is as...
Sunday, 4 July 2021

Whether court should order the tenant's eviction on the ground that the municipal corporation has issued demolition notices regarding rented premises if said order has lost efficacy?

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    On a consideration of the facts and circumstances of this case, I am disposed to hold that it is open to a Court hearing the landlord...
Sunday, 20 October 2019

Whether accused in cheque dishonour case can be acquitted if complainant has failed to produce original notice?

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At the outset, it does appear that the complainant failed to prove the notice sent by producing the original of the notice. What was p...
Sunday, 13 October 2019

What is importance of issuing notice in representative suit?

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Admittedly, the trial court failed to comply with the provisions of Order, 1, Rule 8, C.P.C. The said provision of law is mandatory in nat...
Saturday, 18 May 2019

Supreme Court: In cheque dishonour case, first notice will constitute cause of action if second notice was given beyond limitation

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  In the present case, the facts narrated above indicate that the appellant issued a legal notice on 31 December 2015. This was within a p...
Thursday, 28 February 2019

Whether magistrate can direct opening of envelope of notice while deciding application for condonation of delay in cheque dishonour case?

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The aforesaid observations and the law laid down by the Apex Court show that condonation of delay is within the discretion of the Court an...

Whether accused in cheque dishonour case can prove his defence by replying to notice and by effective cross examination?

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The entries in the pass-book Exh. 30 show that an amount of Rs. 1,00,000/- was indeed transferred on 28.02.2013 to a particular account nu...

When it is not necessary to issue notice to municipal corporation prior to filing of suit against it ?

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As per provisions of Section 487 of the said Act a protection is granted with regard to any act done or purported to be done in pursuance ...
Sunday, 9 December 2018

Whether person refusing to accept registered letter is deemed to have knowledge of its contents?

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  Section 27 of the General Clauses Act, 1897 deals with the topic-'Meaning of service by post' and says that where any Central ...
Saturday, 25 August 2018

Whether it is necessary to issue notice to other side prior to filing of application U/S 34 of Arbitration Act?

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 Insofar as the submission of the learned Counsel for the Respondent that if Section 34(5) is considered as directory, the entire purpose ...
Sunday, 29 April 2018

Whether prosecution for dishonour is cheque is maintainable if reminder notice is sent?

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It is clear from Section 27 of the General Clauses Act, 1897 and Section 114 of the Indian Evidence Act, 1872, that once notice is sent by...
Saturday, 14 April 2018

Whether court can rely on notice given by Advocate if he is not examined in court?

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 The trial court was of the view that there was no violation of the terms of the lease deed as they had put in sufficient efforts in get...
Sunday, 18 March 2018

Whether service of notice can be presumed even if postal remark is left?

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Jammu and Kashmir Houses and Shops Rent Control Act, 1966: Section 11--'Serves a notice in writing through post'- -Inter-pre...
Monday, 19 February 2018

Whether eviction suit can be dismissed if landlord fails to give notice to tenant prior to filing of suit?

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  Insofar as the second ground is concerned, perusal of Section 16 would show that when eviction of tenant is sought on any of the grounds...