Judgment Search Results Home > Cases Phrase: general clauses act 1897 section 27 meaning of service by post Page 8 of about 4,973 results (0.236 seconds)

L & T Hydrocarbon Engineering Ltd. Vs.oil and Natural Gas Corporation ...

Court : Delhi

..... also sought to be drawn from section 27 of the general clauses act, 1897, that explains the manner of service by post and prescribes that a service shall be deemed to be effected by properly addressing, pre-paying and posting by registered post, a letter containing the documents required to be served by post and unless it is proved to the contrary, it must be deemed to have been effected at the time when the letter would be delivered in the ordinary course of post. ..... , they had stated that this could have happened for various reasons, one of them being that the server of the respondent no.1/ongc could have remained in a passive mode for a fraction of a second or so, meaning thereby that no activity was recorded in that duration and once the activity did commence, a time lag of few seconds could have taken to get the server activated. ..... merely because there was inactivity in srmapp01 , does not mean that the system had any load problem. ..... act for purposes of deciding the instant case are as follows:-" 2(za) 'originator means a person who sends, generates, stores or transmits any electronic message; or causes any electronic message to be sent, generated, stored or transmitted to any other person but does not include an ..... act is to recognize transactions carried out by means of electric data interchange and electronic communication instead of the traditional paper ..... , by no means could the petitioner have retrieved/altered/modified it thereafter and therefore, its bid ought to have been .....

Markaradhwaj Behera Vs. Satyanath Mahanta and anr.

Court : Orissa

Reported in : 2010(I)OLR154

..... act means actually serving the notice in terms of section 27 of the general clauses act, 1897. ..... act, unless court is satisfied that the accused is intentionally avoiding to receive the notice, it must hold that due to non-service of the notice on the petitioner in terms of clauses (b) and (c) of section 138 of the n.i. ..... the question as to whether the service of notice has been fraudulently refused by unscrupulous means is a question of fact to be decided on the basis of evidence. ..... act can be maintained in absence of service of notice as contemplated under section 138(b) of the n.i. ..... in other words, if there is any ambiguity regarding what constitutes service of notice under section 138 of the n.i. ..... in the said case also service of notice of dishonour of cheque sent by registered post returned back unserved with an endorsement 'party continuously absent for 7 days. ..... the main ground on which the order of conviction and sentence is assailed is that the complainant has not proved the service of notice as contemplated under section 138 of the n.i. ..... it appears from the judgment that both the courts below have observed that notice issued by registered post returned unserved with an endorsement that the petitioner was absent for 6 to 7 days. ..... it was averred in the complaint petition that a lawyer's notice was issued by registered post to the petitioner, but then the same returned to the complainant with an endorsement that the addressee was absent for six to seven days. .....

G L Sharma Vs. Hemant Kishor

Court : Delhi

..... section 114 of the evidence act and section 27 of the general clauses act, 1897, service shall be deemed to be effected by properly addressing, preparing 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 the ordinary course of post ..... shall dispose of two appeals bearing crl.a.no.1400/2011 and 1401/2011 as both the appeals have been filed by an unsuccessful complainant in case relating to offence punishable under section 138 of negotiable instruments act, 1881 (in short ni act ) against the respondents who are mother and son, inter alia, on the allegation that cc no.1953/1/2009 was filed before additional chief metropolitan magistrate against the accused hemant ..... proved when, after considering the matters before it, the court either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists , therefore, the rebuttal does not have to be conclusively established but such evidence must be adduced before the court in support of the defence that the court must ..... purposes of this section, debt or other liability means a legally enforceable ..... however, this suggestion was denied by him, meaning thereby, it was admitted by the accused that the loan amount was given by the complainant to the accused for the purpose of starting the factory by her sons and .....

Shri P. Bhaskara Rao S/O Shri Vs. the Divisional Railway Manager,

Court : Central Administrative Tribunal CAT Hyderabad

..... section 27 of the general clauses act, 1897, the presumption of delivery under the provisions stands rebutted when there is no material to show that the registered cover was tendered to the employee before passing the order of dismissal or that he deliberately avoided service ..... copy of the proceedings dated 6.11.1996 issued by the senior divisional personnel officer, vijayawada in file no.b/p90/iii/95/1, wherein it was stated that the applicant herein has been reinstated into service by proceedings dated 13.7.1995 (annexure r-8) and has reported for duty on 14.7.1995 and the intervening period from 26.11.1992 to 13.7.1995 is treated as the period spent on duty. ..... circumstances, we are unable to agree with the plea of the respondents that the applicant was removed from service, only after due notice in accordance with law which means that the applicant continues to be in service but under suspension.therefore, he is entitled to the subsistence allowance for the period of suspension in accordance ..... in a distant town/village, the proper mode of serving would be to send the order/notice on the address of his home town/village by registered post and there would be no need to paste the same in that place.14. ..... in the office, notice should be sent by registered post a.d. ..... 1968 which is reproduced below is directly relevant here: every order, notice and other process made or issued under these rules, shall be served in person on the railway servant or communicated to him by registered post.13. .....

Shambhu Dayal Sharma Vs. Mcd and ors.Q

Court : Delhi

..... similarly, the general clauses act, 1897 also in section 3(23) defines government as including both central government and state government. ..... the senior counsel for the respondent no.4 has invited attention to the following provisions of the dmc act:(i) section 2(27) where 'member' in relation to the mcd means a councillor; (ii) section 3(3) to demonstrate that mcd is composed of councillors;(iii) section 3(4) to show that councillors have to be chosen by direct election on the basis of adult suffrage from various wards into which delhi is divided; (iv) section 4 prescribing the duration of the corporation as five years; (it is thus stated that the term of the present corporation is till the ..... and disqualifications for being chosen as and for being a councillor; (it is argued that the disqualification is holding any office of profit under the government or central government and which means that the appointment and termination of employment should be by government) (vi) section 15 prohibiting an election of a councillor from being called in question except by an election petition presented to the court of the district judge of delhi within fifteen days from the date of publication of the result of the election ..... vyricherla pradeep kumar dev (1992) 4 scc 404 that office of profit is not to be confused with and not a post or service in the government, but in the light of govt. .....

Shambhu Dayal Sharma Vs. Mcd and ors.

Court : Delhi

..... similarly, the general clauses act, 1897 also in section 3(23) defines government as including both central government and state government. ..... the senior counsel for the respondent no.4 has invited attention to the following provisions of the dmc act:(i) section 2(27) where member in relation to the mcd means a councillor; (ii) section 3(3) to demonstrate that mcd is composed of councillors; (iii) section 3(4) to show that councillors have to be chosen by direct election on the basis of adult suffrage from various wards into which delhi is divided; (iv) section 4 prescribing the duration of the corporation as five years; (it is thus stated that the term of the present corporation is till the ..... and disqualifications for being chosen as and for being a councillor; (it is argued that the disqualification is holding any office of profit under the government or central government and which means that the appointment and termination of employment should be by government) (vi) section 15 prohibiting an election of a councillor from being called in question except by an election petition presented to the court of the district judge of delhi within fifteen days from the date of publication of the result of the election ..... vyricherla pradeep kumar dev (1992) 4 scc 404 that office of profit is not to be confused with and not a post or service in the government, but in the light of govt. .....

K. Singh Deo Vs. Jenson and Nicholson India Ltd. and anr.

Court : Kolkata

Reported in : 1985CriLJ464

..... the word 'offence' according to section 3(38) general clauses act, 1897 means act or omission made punishable by law for the time being in ..... moitra contends that the learned rent controller not having strictly followed the procedure prescribed for entertainment of complaints as prescribed by sections 200-204 of the code, his order must be struck down as wrong and the entire proceedings should be quashed to fortify his arguments, ..... and did not execute vakalatnama : the officers making statements on solemn oath were incompetent to depose in support of the complaints made and the rent controller did not follow strictly the procedure prescribed by sections 200 to 204 cr p.c, and that subsequent to entertainment of the petitions rent controller wrongly took into consideration inspector's report contrary ..... secondly, from the relevant portion of rule 10, west bengal premises rules, 1956, quoted earlier it is abundantly clear that in making enquiries under the act the controller is to follow as nearly as may be the procedure laid down in the case of enquiries relating to offences, in the code of criminal procedure for the trial of ..... of all, i will note that although the word 'complaint' has been used in section 31 of the act yet the rent controller has not been invested with the powers of a magistrate. ..... in the above position the rent controller in the cases under consideration ordered service of summons through registered post as prescribed by rule 12, west bengal.premises tenancy rules, 1956. .....

Union of India Vs. Savitri Aggarwal and ors.

Court : Delhi

Reported in : ILR1972Delhi154

..... section 16 of the general clauses act thus does not apply and does not confer the power of termination of the services of dr. ..... aggarwal under section 16 of the general clauses act (i) if the power to make the appointment to the post of medical superintendent, victoria zanana hospital had been conferred by the delhi municipal corporation act, 1957 on the corporation, and (ii) if dr. ..... under section 16 of the general clauses act. ..... (6) as the post of medical superintendent, victoria zanana hospital had been taken out of the first schedule prepared under section 90 of the delhi municipal corporation act, 1957 when the post was ceded to the central health service from 1963 onwards, the corporation also had no authority to make the appointment to the said post under section 92. ..... (3) with the inclusion of the post of the medical superintendent, victoria zanana hospital and many other posts of the corporation in the central health service cadre, these posts were taken out of the first schedule of posts under the corporation sanctioned by the corporation under section 90 of the corporation act. ..... the central health service and the posts included therein were 'service' and 'posts in connection with the affairs of the union' within the meaning of the proviso to article 309 of the constitution. ..... 1897, the authority who has power to make an appointment is presumed also to have the power to dismiss any person so appointed. .....

Rekha Mahindra Shah Vs. Gautam Umed Parmar and Another

Court : Mumbai

..... palapetty muhammed (2007) 6 scc 555, this court reiterated a similar view that section 27 of the general clauses act, 1897 and section 114 illustration (f) of the evidence act, give rise to a presumption that the service of a notice has been effected when it is sent to the correct address by registered post. ..... the question as to whether the service of notice has been fraudulently refused by unscrupulous means is a question of fact to be decided on the basis of evidence. ..... for one or the other reason, such as his non availability at the time of delivery, or premises remaining locked on account of his having gone elsewhere etc; it was observed that if in each such case, the law is understood to mean that there has been no service of notice, it would completely defeat the very purpose of the act. ..... we cannot also lose sight of the fact that the drawer may by dubious means manage to get an incorrect endorsement made on the envelope that the premises has been found locked or that the addressee was not available at the time when postman went for delivery of the letter. ..... merely because the acknowledgment card is signed by her husband does not mean that the applicant/original accused was not served with or did not receive the demand notice. ..... therefore, she cannot complain that merely because the acknowledgment has been signed by her husband, that will not mean that either the demand notice is unserved or not received at all. .....

C.C. Alavi Haji Vs. Palapetty Muhammed and anr.

Court : Supreme Court of India

Reported in : II(2007)BC533; 2007(4)BomCR314; [2007]137CompCas692(SC); 2007CriLJ3214; [2007(3)JCR209(SC)]; JT2007(7)SC498; 2007(3)KLJ81; 2007(3)KLT77(SC); 2008(3)MhLj115; 2008MPLJ441(SC)

..... that though section 138 of the act does not require that the notice should be given only by 'post', yet in a case where the sender has dispatched the notice by post with correct address written on it, the principle incorporated in section 27 of the general clauses act, 1897 (for short ..... meaning of service by post ..... : 2005crilj127 ] it is, therefore, manifest that in view of the presumption available under section 27 of the act, it is not necessary to aver in the complaint under section 138 of the act that service of notice was evaded by the accused or that the accused had a role to play in the return ..... it felt that the presumption under section 114 of the evidence act being a rebuttable presumption, the complaint should contain necessary averments to raise the presumption of service of notice; that it was not sufficient for a complainant to state that a notice was sent by registered post and that the notice was returned with the endorsement 'out of station'; and that there should be a further averment that the addressee-drawer had deliberately ..... the question as to whether the service of notice has been fraudulently refused by unscrupulous means is a question of fact to be decided ..... reason, such as his non availability at the time of delivery, or premises remaining locked on account of his having gone elsewhere etc; it was observed that if in each such case, the law is understood to mean that there has been no service of notice, it would completely defeat the very purpose of the act. .....