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5. Learned counsel for the petitioner would submit that under Section 27 of General Clauses Act, 1897, the cover r..." amounts to service and accordingly, seeks direction of this Court to set aside the said order.
6. The presumption under Section 27 of General Clauses Act, 1897, arises when th...2023
O R D E R:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the...
...complaint filed on 04-05-2010 is within limitation. While considering this question the provision of Section 27 of General ...of Section 27 of General Clauses Act are applicable only when there is no proof of service. If the notice has been served on a particular day then there is no question of pre...Section 27 of General Clauses Act and for limitation purpose the period shall be counted from the date on which the notice...
...reveals that notice in respect of the respondent No. 5 has been delivered on 10.11.2022. Therefore, in view of Section 27 of General Clauses Act, 1897 read with Order 5, Rule 9, Sub. Rule.... Further, in respect of the respondent No. 5, neither the A/D card nor the un-served notice has been received back by the concerned section till date.
7. Now, a perusal of the postal....
4. The office note dated 10.01.2023 reveals that notice was issued to the respondent Nos. 1 to 5 by registered post with A/D on 01.11.2022.
5. In respect of the respondent Nos...
...notice; hence, in view of Section 27 of General Clauses Act 1897 read with Order 5, Rule 9, Sub. Rule 5 (proviso) of the CPC, notice may be deemed to have been served upon the said respon...note dated 09.09.2022 reveals that notice was issued to the respondent Nos. 5 & 7 by registered post with A/D on 21.12.2017.
5. In respect of the respondent No. 5, the A/D card...has been received. A perusal of the A/D card reveals that the A/D card bears the purported signature of the addressee. As such, service is deemed to be completed in respect of the said respondent...
...
ORDER:
Notice sent to the respondent No.2 is returned as 'unclaimed'. Therefore it is treated as proper service under Section 27 of ...
THE HONOURABLE DR. JUSTICE D.NAGARJUN
CRIMINAL PETITION No.1611 of 2019....
2. Learned counsel for the petitioner is present.
3. This Criminal Petition is filed seeking quashment of F.I.R.No.274 of 2019 of P.S...
...section 27 of General Clauses Act, we hold that there is sufficient service.
Respondent called absent and set ex-parte. Accordingly, this application is
allowed.
Company...
Swapna
S.No.13
IN THE NATIONAL COMPANY LAW TRIBUNAL
HYDERABAD BENCH – 1
ATTENDANCE CUM ORDER SHEET OF THE HEARING HELD ON
06-10-2023 AT 10...:30 AM
Rst. A (IBC) 16/2023 in CP(IB) No. 338/7/HDB/2021
u/s. 7 of IBC, 2016
IN THE MATTER OF:
M/s. Rama Dhoota Traders...
...post. But in this case the notice [Ex.A2] was in fact sent by registered post and so Section 27 of the General Clauses Act...family or the servant of the addressee, the presumption under Section 27 of General Clauses Act cannot be drawn,...be accepted. If such contention is accepted it leads to disastrous results, and in fact renders Section 27 of General Clauses...
..., which was not received back. The trial Magistrate by invoking the provisions of section 27 of General Clauses Act...section 27 of General Clauses Act, the petitioner could not be deemed to have been served in view of peculiarity.... section 27 of the General Clauses Act, 1897 reads thus:-“27. Meaning of service by post...
...after more than one month. He further submits that as per section 27 of the General Clauses Act, there is...said notice was incorrect.6. section 27 of the General Clauses Act, reads as under...it, therefore, it can be presumed to have been delivered to the addresses under section 27 of General Clauses Act...
...of the respondent Nos. 5 & 6 have been delivered on 08.07.2022. Therefore, in view of Section 27 of General Clauses Act 1897 read with Order 5, Rule 9, Sub. Rule 5 (proviso) ...Arup Jyoti Baishya, J.:— Case taken up before the Lawazima Court.
2. Learned counsel Ms. B. Bora appears on behalf of Mr. A.K. Bhuyan, learned counsel for the petitioner....
4. In respect of the respondent Nos. 5 & 6, neither the A/D cards nor the un-served notices have been received back.
5. Now, a perusal of the postal journal reveals that notice was...
...to the accused-applicant on 23.10.2017 by
registered post and there is a presumption of service of notice
through registered post is 30 days in view of Section 27 of
General ....
Present application under Section 482 Cr.P.C. has been filed for
quashing of summoning order dated 31.5.2018 as well as the
entire proceedings of Case No. 2847 of 2017 (Sonpal Vs.... Ajeet
Kumar Kuvind) under Section 138 of Negotiable Instrument
Act (hereinafter referred to as the Act), P.S. Kotawali Hathras
Junction, District Hathras, pending in the court of Additional
Chief...
...Section 27 of General Clauses Act 1897, since notice was issued to respondent Nos. 16 in the correct address with proper p.... Counsel for respondent no. 10, 14, 15, 17, 20 to 27 have entered appearance by filing vakalatnama. A/D card of respondent no. 4, 8, 18 and 19 is received back. But neither A/D card nor un-served notice...The Order of the Court was delivered byKanchan Newar, J.:— None appears for the petitioner.2. Perused the office note dated 16.08.2018 which shows that ld...
....6. Section 27 of General Clauses Act, 1892 runs as under:27. Meaning of ser...without saying that as per Section 27 of General Clauses Act, once a process is sent by pre-paying at the correct...Section 27 of General Clauses Act would be attracted.”8. In the case in hand, the factum of pre-pa...
...Hon'ble High Court as well as the Apex Court observed that under Section 27 of General Clauses Act will come into play only when the
1...correct address and it was also mentioned in the complaint, notice was duly served upon present applicant on 23.11.2021. Therefore, question of invoking presumption under Section 27 of General ...notice was sent on correct address that was duly received by the present applicant on 23.11.2021. The presumption of Section 27 of General Clauses Act, as mentioned in the judgment relied upon by ...
...opposite party No. 2 was sent on 18.12.2017 and as per provision of Section 27 of General Clauses Act, presumption of its service, in case of its non return back to sender, is to...which has been given criminal overtones. The notice was issued by way of registered post and its presumption of service under Section 27 of General Clauses Act may be after thirty days bu...registered post and non-return of same to sender, under Section 27 of General Clauses Act, whereas learned presiding Judge held that complaint ought to be filed within 2.2.2018 but it was filed on...
...service under Section 27 of General Clauses Act can be drawn, the presumption is rebuttable, unless contrary is proved...as follows:“30 days time ordinarily must be held to be sufficient for service of notice under Section 27 of the ..., under Section 27 of the General Clauses Act, a notice must be deemed to have been served in the ordinary course, unless contrary is proved. When the service of notice is...
...in writing was made and only a telegram followed by a letter are alleged to have been sent and that would not satisfy the requirement of section 138 (b) of the negotiable instruments act. The lear...the document, And, Witness the contrary is proved, To have been effected at the time at which the letter would be delivered in the ordinary course of post. In view of section 27 of the general ...would further contend that section 27 of general clauses act, 1897 does not have any application in a case where...
...provision of Section 27 of the General Clauses Act it is only when the notice is sent by Registered Post and not b...-service. This is in tune with the principle embodied in Section 27 of the General Clauses Act or even Rule 19A of Order 5, CPC.11. Section 27 of ...A.K Sikri, J.— The respondent herein had filed a complaint under Section 138 of the Negotiable Instruments Act...
...registered address of the petitioner through speed post which is on record. Thus, in view of Section 27 of General Clauses Act, 1897 read with Section 114 of Indian Evid...
Neutral Citation No. - 2024:AHC-LKO:37101
Court No. - 15 Case :- APPLICATION U/S 482 No. - 4452 of 2024...
Applicant :- Kaju @ Haneef Addati
Opposite Party :- State Of U.P. Thru. Prin. Secy., Home, Lucknow And Another
Counsel for Applicant :- Santosh Kumar...
...and to consider the Section 27 of General Clauses Act and Order 5 of CPC. The ex-parte proceedings against the...due to attack of a buffalo on 27.11.2002. The respondents filed an application for compensation under section 10 of the Workmen's Compensation Act before the Labour Court...Palo, J.—This appeal has been filed under Order 43, Rule 1 (d) of Civil Procedure Code against the order dated 30.11.2010 passed by the Commissioner, Workmen's Compensation...