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Wednesday, March 31, 2010

CIVIL PROCEDURE CODE, 1908

CIVIL PROCEDURE CODE, 1908 S.100--Second appeal--Finding of facts--Interference--Findings recorded by the learned trial court which have been affirmed by the learned lower appellate court cannot be said to be one which can be said to be perverse or not capable of being arrived at on appreciation of evidence which may call for interference by this court under section 100 of the Code of Civil Procedure.; Chhelu Ram v. Dan Singh,: 2010(1) Law Herald (P&H) 521
O.5 R.20-A--Transfer of Property Act, 1882, S.106--Notice--Service of--Presumption--Termination of tenancy--When letter is received back with report ‘Not Present’, no presumption of service can be drawn unless something more is proved by leading cogent evidence that it was in fact refusal--No such evidence led by plaintiff-appellant--Tenancy was not held to be terminated by valid notice.; Rama Nand v. Mulakh Raj & Anr.,: 2010(1) Law Herald (P&H) 502
O.5 R.20-A--Transfer of Property Act, 1882, S.106--Notice--Service of--Presumption--Termination of tenancy--Notice returned with remarks ‘Not Present’--Plaintiff gave a suggestion that it was refused on date of dispatch itself--But no proof of refusal given nor any evidence led to prove this suggestion--Contention that service by certificate of posting could be presumed cannot be sustained when notice issued did not carry any date showing termination of tenancy.; Rama Nand v. Mulakh Raj & Anr.,: 2010(1) Law Herald (P&H) 502
O.5 R.20-A--Transfer of Property Act, 1882, S.106--Notice--Service of—Presumption--Termination of tenancy--Presumption of service, of a letter addressed at a correct address can be drawn in case it is not received back served or otherwise--Once a letter sent is received back with the remarks by the Postal Authorities, then it has to be decided on facts of each case whether service can be presumed or not.; Rama Nand v. Mulakh Raj & Anr.,: 2010(1) Law Herald (P&H) 502
O.5 R.20-A--Transfer of Property Act, 1882, S.106--Notice--Service of--Presumption--Termination of tenancy--In case it is proved, that there is no role of the addressee in sending back the letter and the letter, is received back by the sender with the remarks ‘Not Present’ no presumption can be drawn of addressee’s service, as ‘the return’ itself shows that letter was actually not served--Learned trial court was not correct in recording that under section 106 of the Transfer of Property Act, the notice is merely to be dispatched.; Rama Nand v. Mulakh Raj & Anr.,: 2010(1) Law Herald (P&H) 502
O.5 R.20-A--Transfer of Property Act, 1882, S.106--Notice--Mode of Service--Termination of tenancy--Section 106 gives liberty to serve the notice, by post or tender or deliver it to the party or one of his family members or servant at his residence, and in case such tender and delivery is not practicable affix it at the conspicuous place of the property.; Rama Nand v. Mulakh Raj & Anr.,: 2010(1) Law Herald (P&H) 502
O.6, R.17--Amendment of Written Statement--Counter claim--Application moved to amend written statement to incorporate relief of counter claim allowed--Amendment cannot be rejected merely on ground that plea raised in counter claim is contradictory to plea raised in written statement.; Raghubir Singh & Ors. v. Tajinder Pal Singh & Ors.,: 2010(1) Law Herald (P&H) 485