Search Results for "Presumption of Service"

18 result(s) found

Scroll Down To Discover

Found 18 result(s)

© Image Copyrights Juris Services & Technology

High Court of Karnataka Quashes Criminal Complaint in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice. Service of Notice by Ordinary Post Without Acknowledgment Does Not Attract Presumption Under Section 27 of General Clauses Act, 1897 or Section 114 of Indian Evidence Act, 1872.

The petitioner, K.S. Mahadevan, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Cri...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Appeal in NI Act Case — 'Not Claimed' Notice Constitutes Valid Service Under Section 138 Proviso (b). Refusal to accept notice by addressee amounts to deemed service; acquittal set aside.

The appellant-complainant, Anil Gulabrao Khairkar, filed a criminal appeal against the judgment of the Special Court for the Negotiable Instruments Ac...

© Image Copyrights Juris Services & Technology

Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice. Notice sent by registered post but not actually delivered to the accused; court holds that presumption of service under Section 27 of General Clauses Act is rebuttable and not automatic.

The applicant, Girish Gangaram Chitta, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR ...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Landlord's Revision Against Reversal of Eviction Decree in Rent Default Case. Tenant's Willful Default Established Despite Claim of Payment Through Money Orders.

The case involves a civil revision application filed by the landlord, Anant Tulshiramji Bajaj, against the judgment and decree of the Principal Distri...

© Image Copyrights Juris Services & Technology

Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Cases Due to Lack of Proper Service of Notice. Failure to Prove Service of Demand Notice Under Section 138 of Negotiable Instruments Act, 1881 Results in Quashing of Complaints.

The judgment pertains to multiple criminal applications filed under Section 482 of the Criminal Procedure Code, 1973, seeking quashing of complaints u...

© Image Copyrights Juris Services & Technology

Bombay High Court Quashes Criminal Proceedings in Dishonour of Cheque Cases Due to Lack of Proper Service of Notice Under Section 138 of Negotiable Instruments Act, 1881 — Complainant Failed to Prove Service of Demand Notice as Required by Section 138(b) of the Act.

The petitioner, M/s Soft-touch Computer through its proprietor Shashikant Bhaskar Zope, filed three criminal writ petitions under Section 482 of the C...

© Image Copyrights Juris Services & Technology

Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Lack of Proper Service of Notice Under Section 138 of Negotiable Instruments Act, 1881 — Complainant Failed to Prove Service of Demand Notice as Required by Law.

The applicants (accused) filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of criminal proceedin...

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Appeal in Cheque Dishonour Case Due to Lack of Proper Service of Notice Under Section 138 of Negotiable Instruments Act, 1881. Complainant Failed to Prove That Notice Was Sent to Correct Address of Accused, Leading to Dismissal of Complaint.

The case involves a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed by M/s. General Detergents (the appellant/complainant) ...