Judgment Search Results Home > Cases Phrase: general clauses act 1897 section 27 meaning of service by post Page 1 of about 4,973 results (0.191 seconds)

Ms.Raghunath Agrotech Pvt. Ltd., Rep. B Vs. M/S.Ajanta Agro Industries ...

Court : Andhra Pradesh

..... under section 27 of the general clauses act, 1897, where an act or regulation requires service by post, unless a different intention appears, the service shall be deemed to be affected by properly addressing, pre-paying and posting by registered post, the letter containing the document and unless the contrary is proved, delivery is deemed to have been affected. ..... summons is received by the court with an endorsement purported to have been made by the postal employee or any person authorized by the courier service to the effect that the defendant or his agent had refused to take delivery of the postal article containing the summons or had refused to accept the summons by any other means specified under sub-rule (3) when tendered or transmitted to him, the court issuing the summons shall declare that summons have ..... even though notice has been sent by the petitioner through registered post as ordered by this court, the respondent has refused to receive the same and the notice has been returned by the postal department with the endorsement "not claimed and returned to sender" this also reinforces ..... petitioner was able to prove that the acknowledgment was received by the court showing that the suit summons were served on 01-12- 2008, the lower court committed a serious error in holding that there is no proper proof of service of notice on the respondent. ..... therefore, the respondent cannot plead to ignore the delay till the service of notice in the ep. .....

M.K. Tirupathi Rao Vs. The Deputy General Manager, Syndicate Bank, Ind ...

Court : Andhra Pradesh

..... section 27 of the general clauses act, 1897 deals with the topic-'meaning of service by post' and says that where any central act or regulation authorises or requires any document to be served by post, then unless a different intention appears, the service shall be deemed to be effected by properly addressing, pre-paying and posting it by registered post, a letter containing the document, and unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post. ..... under section 27 of the general clauses act, 1897 (for short, the act of 1897'), there is a presumption of service when the letter was addressed to correct address by registered post and it reads as follows: 27. ..... but the presumption that is raised under section 27 of the general clauses act, 1897 is a far stronger presumption. ..... but the presumption that is raised under section 27 of the general clauses act, 1897 is a far stronger presumption. ..... undoubtedly, the presumptions both under section 27 of the general clauses act as well as under section 114 of the evidence act are rebuttable but in the absence of proof to the contrary the presumption of proper service or effective service on the addressee would arise .. ? ..... once a letter has been delivered to the post office, it is presumed to have been delivered to the addressee under section 27 of the general clauses act. .....

Vasco Urban Co-op. Credit Society Ltd. Vs. Mrs. Shobha D. Korgaonkar

Court : Mumbai

Reported in : 2005(1)ALD(Cri)47; III(2005)BC423; 2005CriLJ2465

..... section 27 of the general clauses act, 1897, deals with meaning of service by post and provides that where any central act or regulation made after the commencement of this act authorises or requires any document to be served by post, whether the expression 'serve' or either of the expression 'give' or 'send' or any other expression is used, then, unless a different intention appears, the service shall be deemed to be effected by properly addressing, pre-paying and posting by registered post, a letter containing the document, and unless the contrary is proved, to have been ..... 1999(5)ald16 the andhra pradesh high court referring to section 27 of the general clause act, 1897 and while dealing with a case under section 138 of the act observed that the language of section 27 was plain and immediately three requirements were to be fulfilled for presuming deemed service namely:-- (1) properly addressing, (2) pre-paying, and (3) posting of registered post. ..... notice which is unclaimed the apex court proceeded to refer to section 27 of the general clauses act, 1897 and observed further that no doubt section 138 of the act does not require that the notice should be given only by 'post'. ..... is seen that there is no reference in that case either to section 27 of the general clauses act, 1897 or to the judgment of the supreme court in the case of ..... : 1999crilj4606 (supra) and again observed that section 27 of the general clauses act deals with the presumption of service of a letter sent by post. .....

C. Veerappa Vs. the Chief Commissioner, Land Administration and

Court : Andhra Pradesh

Reported in : 2007(4)ALD659

..... cantonments (control of rent and eviction) act, 1952 and held as under:section 27 of the general clauses act, 1897 deals with the topic - 'meaning of service by post' and says that where any central act or regulation authorises or requires any document to be served by post, then unless a different intention appears, the service shall be deemed to be effected by properly addressing, prepaying and posting it by registered post, a letter containing the document, and unless the contrary is proved, to have been effected at the time at which the letter ..... section 27 of the general clauses act, 1897 (for short, 'the 1897 act'), which contains a deeming provision regarding service of notice by post ..... furthermore, under section 27 of the general clauses act, 1897, unless contrary is proved, due service of notice has to be presumed if the said notice is sent by registered post by preparing and posting the letter to the address of the person to whom ..... the presumptions both under section 27 of the general clauses act as well as under section 114 of the evidence act are rebuttable but in the absence of proof to the contrary the presumption of proper service or effective service on the addressee would ..... a reading of rule 5(2) of the rules together with section 27 of the 1897 act makes it clear that if the notice is sent to the holder of the vacant land at his given address by registered post acknowledgement due, then the service thereof will be deemed to have been duly effected unless the contrary .....

Mayawati Vs. Cit (Central-i) and ors.

Court : Delhi

Reported in : (2009)222CTR(Del)117; 157(2009)DLT324; [2010]321ITR249(Delhi)

..... section 27 of the general clauses act, 1897 deals with the topic- 'meaning of service by post' and says that where any central act or regulation authorises or requires any document to be served by post, then unless a different intention appears, the service shall be deemed to be effected by properly addressing, prepaying and posting it by registered post, a letter containing the document, and unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post ..... furthermore, from a reading of that judgment, it is evident that it had not been seriously contended that the notice under section 149 of the it act must also be served within the period set-down in that section since the discussion centered upon section 27 of the general clauses act, 1897 which specifies that service of such a notice would be presumed to be legally proper as it would be deemed to have been delivered in the ordinary course at ..... , be reasonable to hold that when service is effected by refusal of a postal communication the addressee must be imputed with the knowledge of the contents thereof and, in our view, this follows upon the presumptions that are raised under section 27 of the general clauses act, 1897 and section 114 of the indian evidence act.14. in c.c. ..... the issuance of a notice and not its service, a fortiori the presumption of fiction of service must be drawn on the lines indicated in section 27 of the general clauses act, 1897.7. .....

Mrs. Surender Bala and Another Vs. M/S. Sandeep Foam Industries P. Ltd ...

Court : Delhi

Reported in : 2000IVAD(Delhi)730; AIR2000Delhi300; 85(2000)DLT478

..... in order to appreciate the arguments of the parties section 27 of the general clauses act, 1897 is reproduced hereinbelow:- 'meaning of service by post. ..... as observed earlier we would like to reiterate that in the present case presumption under section 27 of the general clauses act, 1897 could have been raised, had any person from the office of the advocate been examined to prove copy of the notice, ex.pw-1/7 which was sent through registered post and was not received back and that the acknowledgement due was also not received back. ..... was argued that learned trial court ought to have raised the presumption under section 27 of the general clause act, 1897 and also under section 114(f) of the evidence act. ..... envelope was not received back, thereforee, a presumption was raised under section 27 of the general clauses act, 1897. 15. ..... under section 114(f) of the evidence act is on the same footing, as a presumption under section 27 of the general clauses act. ..... where any 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 expression 'give' or 'send' or any other expression is used then, unless a different intention appears, the service shall be deemed to be effected by properly addressing, prepaying and posting by registered post, a letter containing the document, and unless the contrary is proved, to have been effected at the time at which the letter would be delivered in .....

Harcharan Singh Vs. Smt. Shivrani and ors.

Court : Supreme Court of India

Reported in : AIR1981SC1284a; 1981(1)SCALE401; (1981)2SCC535; [1981]2SCR962

..... section 27 of the general clauses act, 1897 deals with the topic-'meaning of service by post' and says that where any central act or regulation authorises or requires any document to be served by post, then unless a different intention appears, the service shall be deemed to be effected by properly addressing, pre-paying and posting it by registered post, a letter containing the document, and unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post. ..... on the other hand, counsel for the respondents contended before us that both under section 27 of the general clauses act, 1897 and section 114 of the indian evidence act presumption of due service could arise if the notice was sent to the tenant by properly addressing the same, prepaying and sending the same by registered post and it was pointed out that in the instant case as against the denial by the appellant there was positive oath of postman (kund ram p.w. ..... it would, therefore, be reasonable to hold that when service is effected by refusal of a postal communication the addressee must be imputed, with the knowledge of the contents thereof and in our view, this follows upon the presumptions that are raised under section 27 of the general clauses act, 1897 and section 114 of the indian evidence act.8. .....

Kirloskar Bros. Ltd., Indore Vs. Engineering Machinery Mart, Narsinghp ...

Court : Madhya Pradesh

Reported in : AIR1982MP75

..... charan singh, (air 1981 sc 1284) (supra) the law on the point has been laid down thus :'section 27 of the general clauses act, 1897 deals with the topic -- 'meaning of service by post' and says that where any central act or regulation authorises or requires any document to be served by post, then unless a different intention appears, the service shall be deemed to be effected by properly addressing, prepaying and posting it by registered post, a letter containing the document, and unless the contrary is proved, to have been effected at the time ..... it would, therefore, be reasonable to hold that when service is effected by refusal of a postal communication the addressee must be imputed with the knowledge of the contents thereof and, in our view, this follows upon the presumptions that are raised under section 27 of the general clauses act, 1897 and section 114 of the indian evidence act,'12. ..... when factually there was refusal to accept the notice on the part of the appellant he could not be visited with the knowledge of the contents of the registered notice because, in our view, the presumption raised under section 27 of the general clauses act as well as under section 114 of the indian evidence act is one of proper or effective service which must mean service of everything that is contained in the notice. .....

Jai Bhagwan Mittal Vs. Meena JaIn and anr.

Court : Delhi

..... in the said case supreme court has held as under:section 27 of the general clauses act, 1897 deals with the topic-meaning of service by post and says that where any central act or regulation authorises or requires any document to be served by post, then unless a different intention appears, the service shall be deemed to be effected by properly addressing, pre-paying and posting it by registered post, a letter containing the document, and unless the contrary is proved, to have been effected at the time at which the letter ..... lease under section 106 of the transfer of property act sent by registered post to the tenant is deemed to be served under section 27 of the general clauses act, 1897 and section 114 of the indian evidence act, 1872. ..... in har charan (supra) in the context of section 27 of the general clauses act, 1897 and section 114(f) of the indian evidence act, 1872. ..... general clauses act ..... it is obvious that when the section raises the presumption that the service shall be deemed to have been effected it means the addressee to whom the communication is sent must be taken to have known the contents of the documents sought to be ..... therefore, even if the notice of termination is held to be invalid, service of summons of the suit for possession can be taken as notice under section 106 of the transfer of property act read with order vii rule 7 of the code of civil procedure but in that event the landlord would be entitled to mesne profits after the expiry of 15 days from the date of .....

(i) Whether the Impugned Order Is Perverse and Contrary to the Vs. M/S ...

Court : Punjab and Haryana

..... section 27 of the general clauses act, 1897 deals with the topic meaning of service by post . ..... atmaram sungomal poshani, this court examined the issue regarding the presumption of service of letter sent by registered post under section 27 of the general clauses act, 1897 and held as under: (scc pp. ..... once, the letter has been sent under registered a.d.post, the same is presumed to be delivered in terms of section 27 of the general clauses act 1897. ..... when factually there was refusal to accept the notice on the part of the appellant he could not be visited with the knowledge of the contents of the registered notice because, in our view, the presumption raised under section 27 of the general clauses act as well as under section 114 of the indian evidence act is one of proper or effective service which must mean service of everything that is contained in the notice. ..... undoubtedly, the presumptions both under section 27 of the general clauses act as well as under section 114 of the evidence act are rebuttable but in the absence of proof to the contrary the presumption of proper service or effective service on the addressee would arise. ..... therefore, the notice of defect memo sent to the appellant by registered post is deemed to be served in terms of section 37c(1) (a) of the act read with section 27 of the general clauses act. .....