...of the Transfer of Property Act, after that notice has been duly despatched through the post office by registered post to the correct address of the tenant, a presumption about due service of that...." 14. Taking into consideration the manner in which the post office deals with registered letters, the endorsement on the notice "Refused" strengthens the presumption that an attempt was made to...return to the office............". 9. Paragraph 191 of the Manual provides regarding the manner in which the refused registered articles shall be dealt with. The relevant...

...:“There is no evidence that the Cheques from Government were received in Bhavnagar. It is not the Department's case that the assessee company has a registered office elsewhere. The presumption is that...received by post the assessee may constitute the post office its agent and if the cheques were posted in the taxable territories then the receipt would be in the taxable territories and not in an...Government, to remit the money by cheque, and therefore the post office was not constituted the agent of the assessee. We therefore rejected the contention put forward by Mr. Joshi in that case...

...debt alleged was Rs. 5,00,000. Signed confirmation of account is there made on behalf of the company. The only point taken is that the statutory notice was not served at the registered office of the company.2. We find...upon service at the registered office. That is true.4. But it is nowhere stated either in the sections of the Companies Act or in the Companies (Court) Rules...before it.5. The inability of the company to pay its debts may be proved even otherwise than by reason of a statutory presumption. To show on a broad basis that the company is unable to...

...; they have also failed to produce any proof of intimation to the Registrar of Companies about the change in the petitioner company's registered office. The only presumption, therefore, can be that the...opportunity of being heard before the aforesaid action was taken by the respondent. On examination of the annexures, it appears the address of the registered office of the petitioner company in the...records of the respondent is incorrect. However, the petitioner company has not placed on record any proof of intimation of the change of address of its registered office to the respondent. Therefore, it...

...by Mr. Airaan or not. This contention is wholly untenable for the reason that once the post is dispatched through registered means in the post office, a presumption is always drawn that the same shall...bank concerned, then its intimation was sent by the appellant-insurance company on 10.5.2007 to its business agent as well as to the owner Mr. Airaan through registered post besides e-mail and other...be deemed to have been received by the addressee, until and unless rebutted. The Manager of the Insurance Company has proved on oath that intimation through registered post was sent to Mr. Airaan on...

...plaintiff to discharge. It is only conclusive that such a document was registered in public office. There may be a presumption but the presumption like all presumptions is rebuttable. The entire burden to...Court. Para 6 reads as follows: In order to prove his case plaintiff has placed reliance on Ex.P7 which is the registered adoption deed dated 18.6.1992. Ex.P8 is the...favour. In the presence of natural parents remaining silent, there is a strong presumption against adoption and of performance of ceremonies of giving and taking of child, that is, by performance of...

...Courts have consistently held that requirements of Section 434 should be strictly complied with and the service of the notice should be at the registered office of the company (and not any other office), to raise the ...served only at the registered office of the Company and service on the administrative office will not give rise to the presumption under Section 434(1)(a).9.3) In PSVP. Vittal...creditors and had thus become commercially insolvent.3. The demand notice dated 3.3.1998 was addressed to the administrative office of the company and not to its registered office. The...

...was started being paid from the year 2002. Learned counsel submitted that the petitioner has sent the letter dated 27.3.1997 by registered post through the post office, a presumption therefore should....Learned counsel for the petitioner rejoined and submitted that he has made efforts with the post office and also approached them under the Right to Information Act, but so far he has not...been provided with the details of service of that letter, because that record is weeded out by the post office.In the fact situation that has arisen in the present case, the fact that...

...General Power of Attorney of the said land executed by Kishan Kaur, Jai Singh & others in favour of Gurbir Singh which is duly registered in the office of Sub Registrar, Ambala, although Jagjit Singh...have denied the execution of the general power of attorney executed by Kishan Kaur, Jai Singh and others in favour of Gurbir Singh but it was registered in the office of Sub Registrar, Ambala as such...and others has denied the execution of both the documents but as the General Power of Attorney executed by Kishan Kaur, Jai Singh & others in favour of Gurbir Singh is registered one as such the...

...Government were received in Bhavnagar. It is not the Department's case that the assessee Company has a registered office elsewhere. The presumption is that the letters containing the cheques were addressed...and/or by reason of the allegation that the cheques were sent by post and/or that the post office was the agent of the appellant and that too, in spite of the decision in the case of Kirloskar Bros....15. It is worthy of note that the decision of this Court in the said two cases proceeded on the basis that on the particular facts of those appeals the Post Office had acted as the agent of the...

...434(1)(a). Even if delivery is to be considered as receipt the same must be at the registered office of the company. This assumes importance as in case of no reply being given a presumption arises...against the company of its inability to meet the demand and make payment of the debt. This presumption therefore in the absence of delivery to the registered office would be without any basis and...company that Section 434(1)(a) contemplates that a company shall be deemed to be unable to pay its debts only when a demand has been served on the company and delivered at its registered office by...

...presumption of due service can be raised only if the notices were served under Registered Post. We find substance in the submission. Section 28A of the Consumer Protection Act, which deals of service of...complainant, the place where such person actually and voluntarily resides." Sub Clause 28A provides presumption of service can be raised only if notice has been sent through registered post...acknowledgment due addressed to the opposite party. In this case admittedly notices were sent through Office Dispatch No.2706 dated 28.9.2012 and not through Registered Post. Since the notice was sent...

...aforesaid facts we hold that the Adjudicating Authority erred in rejecting the application under Section 9 on wrong presumption that demand notice is to be served on the Registered Office of the Corporate...Code was duly sent through courier to the registered office address but the same was returned to the Applicant with remark S/A RTO. 2. Learned counsel appearing on behalf of the...Appellant submits that the demand notice under Section 8 was issued to the Respondent in the Registered Office at House No. 275, Village Dera, South West Delhi, Delhi 110074, as also at its Industrial...

...obtaining certificate of posting by the Manager of the plaintiff. He urges that unless properly addressed notice was sent under registered cover, no presumption of service could arise. He further argues...his office; or(c) by forwarding it by post in a prepaid letter addressed to the Manager or the Chief Commercial Superintendent or Agent at his office and registered under the Indian...Post Office Act, 1898.142. Presumption where notice is served by post.— Where a notice or other document is served by post, it shall be deemed to have been served at the time when the...

...Indian Companies Act, 1956 which requires that any document is deemed to have been received by the company, if it is sent to the registered office by registered post. Thus presumption of service.../landlady to the registered office of the petitioner company at Kanpur by registered AD as well as by Speed Post and under UPC is in keeping with the provisions of Section 51 of the...Section 6A of the Act and the respondent sent notice dated January 30, 1996 calling upon the petitioner to increase the rent to Rs. 3,630/- per month. This notice was sent though registered post and it was...

...of the respondent company, dated 30.10.2008 and 17.06.2009 wherein resolutions were passed according consent to change the registered office of the company. Section 434(1) (a) of the Companies Act...company s registered office by registered post or otherwise to pay the sum due and the company has for three weeks thereafter neglected to pay the same. Service of the said notice at the ...instant case was not issued to the registered office of the respondent company at 113-115, Kondapur village where it has been functioning w.e.f. 17.6.2009. Hence I find force in the contention of the learned counsel for the responde...

...30.10.2008 and 17.06.2009 wherein resolutions were passed according consent to change the registered office of the company.11. Section 434(1)(a) of the Companies Act provides for a statutory presumption as...to the inability of the company, to pay its debts where a creditor has served on the company a demand by delivering at company's registered office by registered post or otherwise to pay the sum due and the company has for t...the inability of the company to pay its debts.13. Admittedly the notice dated 5.11.2009 in the instant case was not issued to the registered office of the respondent company at 113-115, Kondapur village where it has ...

...deed was registered in the Office of the Registrar, and under these circumstances, presumption must be drawn of genuineness. It is not necessary to mention the date of birth of the applicant on the...

...dated 28.9.2012 and not through Registered Post. Since the notice was sent through office dispatch, no presumption of service can be raised. Since, we are of the view that the State Commission has...Post; that presumption of due service can be raised only if the notices were served under Registered Post. We find substance in the submission. Section 28A of the Consumer Protection Act, which deals...service can be raised only if notice has been sent through registered post acknowledgment due addressed to the opposite party. In this case admittedly notices were sent through Office Dispatch No.2706...