AI Overview...
- Proper Notice of Case Date - General Principle
Courts emphasize that parties must be properly served with notice of the hearing or case-related dates to ensure fair proceedings. Several cases highlight issues arising from inadequate or absent notices, which can lead to the setting aside of ex parte orders or the need for fresh notices. For example, in [SALIG RAM
VS ADDITIONAL CIVIL JUDGE ALIGARH - Allahabad](https://supremetoday.ai/doc/judgement/02500044602), the court found that petitioners were not given proper notice of hearing dates, invalidating the ex parte decision. Similarly, Jai Singh VS Harihar Lal - Supreme Court discusses the importance of issuing notices for final disposal dates, and GOPAL KRISHNA SAHU VS STATE BANK OF INDIA - Orissa stresses that transferee courts should notify parties of new hearing dates.
*References: [SALIG RAM
VS ADDITIONAL CIVIL JUDGE ALIGARH -
Allahabad](https://supremetoday.ai/doc/judgement/02500044602), Jai Singh VS Harihar Lal - Supreme Court, GOPAL KRISHNA SAHU VS STATE BANK OF INDIA - Orissa*
-
Notice and Limitation Periods
The commencement of limitation periods for filing petitions or appeals often depends on the date of proper notice. In Heavy Engineering Corporation Limited VS Footwear And Footwear - Patna, the court clarified that limitation begins from the date of notice of the aggrieved party, not from the date of receipt of the notice. This principle ensures that parties have adequate time to act after being duly informed.
Reference: Heavy Engineering Corporation Limited VS Footwear And Footwear - Patna -
Notice in Court Proceedings and Final Disposal
Courts are required to serve notice of the date fixed for hearings, especially when fixing future dates or issuing summons. Failure to do so, as seen in LONG LIFE CARPET INDUSTRIES, GAHARPUR VS KESAR JAHAN - Allahabad, can result in ex parte orders if the defendant has no notice. In Gauhati University VS Niharlal Bhattacharjee - Supreme Court, the absence of proper notice was critical, as the defendant was served but lacked sufficient time to reach court, affecting the validity of the decree.
References: LONG LIFE CARPET INDUSTRIES, GAHARPUR VS KESAR JAHAN - Allahabad, Gauhati University VS Niharlal Bhattacharjee - Supreme Court -
Urgent Notices and Postponement
When urgency exists, courts are advised to issue urgent notices and schedule hearings at the earliest possible date, as per Vaitla Rama Murthy VS Marisetty Satyanarayana - Current Civil Cases. This prevents delays that could defeat the purpose of interim orders or injunctions, emphasizing the importance of prompt notice in urgent cases.
Reference: Vaitla Rama Murthy VS Marisetty Satyanarayana - Current Civil Cases -
Notice and Interest/Liability Cases
Courts have held that liabilities, such as interest, cannot be imposed before the date of the demand notice, as in the case of 'Amritsari Dhaba' cited in Krishan Chand Ganesh Dass Girdhari Lal and Co. VS Dy. Commissioner, Sales Tax (Appeals) - Jammu and Kashmir. This underscores that legal obligations or liabilities are triggered only after proper notice is served.
Reference: Krishan Chand Ganesh Dass Girdhari Lal and Co. VS Dy. Commissioner, Sales Tax (Appeals) - Jammu and Kashmir -
Time Limits for Applications Post-Order
Applications under specific provisions, like Section 11(2)(b), must be made within a prescribed period (thirty days from the order), as clarified in SIMBHAOLI SUGAR MILLS CO. LTD. VS COMMISSIONER OF SALES TAX, U. P. , LUCKNOW - Allahabad. Failure to adhere to these timelines can render such applications invalid.
Reference: SIMBHAOLI SUGAR MILLS CO. LTD. VS COMMISSIONER OF SALES TAX, U. P. , LUCKNOW - Allahabad
Analysis and Conclusion
Proper service of notice is a fundamental requirement in court proceedings, affecting the validity of hearings, orders, and subsequent legal rights. Courts consistently stress the need for timely and adequate notices to ensure fairness, prevent ex parte decisions, and uphold procedural integrity. Failure to serve proper notice can lead to the setting aside of orders, delays, or the need for re-hearings, emphasizing that notice is a cornerstone of judicial process.
Search Results for "Court Case Date Notice"
2006 0 Supreme(Cal) 96 • India - Calcutta
SOUMITRA PAL
not served with proper notice of the interview date. ... The court distinguished this case from precedents where notice was served on absent members of selection committees. ... The court relied on the specific facts of the case and distinguished it from precedents where notice was served on absent members ... ... ( 8 ) IN the case of Ishwar Chandra (supra) the Apex Court had noted - "it is also not denied that th....
1999 0 Supreme(All) 701 • India - Allahabad
A.K.YOG
The court held that the petitioners were not given proper notice of the date fixed for the hearing of the case. 2. ... Whether the petitioners were given proper notice of the date fixed for the hearing of the case. 2. ... They contended that they were not given any prior notice or information of the date fixed for the hearing of the case and that the ... After having perused the material on record, this C....
1987 0 Supreme(SC) 1069 • India - Supreme Court
SABYASACHI MUKHARJI, S.NATARAJAN
The court found it necessary to issue notice in SLP to other private parties and listed the case for final disposal on a specific ... The court issued directions for the case to be listed for final disposal on a specific date. ... date. ... Issue notice in SLP to other private parties and after notice the case is to he listed on 13.3.87 for final disposal. ... The court issued directions in terms....
1993 0 Supreme(Ori) 279 • India - Orissa
ARIJIT PASAYAT
court, it is desirable for the transferee court to give notice of the date to which the case is posted to the parties. ... Ratio Decidendi: The court held that it is desirable for the transferee court to give notice of the date to which the case ... Issues: The main issue was whether the transferee court was obliged to issue fresh notice about the date of hear....
1997 0 Supreme(Pat) 303 • India - Patna
P.K.DEB
party, not from the date of notice from the court. ... In the present case, the claimant had filed the petition within the limitation period calculated from the date of notice of the aggrieved ... The limitation period for filing a petition under Section 30 of the Arbitration Act starts from the date of notice of the aggrieved ... In the present case, the learned court below has construed the calculation from the #....
1987 0 Supreme(All) 438 • India - Allahabad
A.BANERJI, R.P.SINGH
Ratio Decidendi: The court held that it was necessary to serve notice on the defendant of the date of hearing of the case ... of the date fixed by the court for hearing unless he was given notice. ... of the date fixed by the court for hearing unless he was given notice. ... On this date, i. e. 13-1-87, the defendants had no notice. The Court passed an ex parte....
1995 0 Supreme(SC) 1090 • India - Supreme Court
B.L.HANSARIA, K.RAMASWAMY
Fixing a future date and the court shall direct notice of such date to be given to the defendant – Case admittedly no such step had ... been taken though notice was served on the appellant fixed for appearance was there was no time much less sufficient to reach court ... decree – Held, limitation begins to run of decree summons, though served, but defendant does not have due time envisages further notice ... But when the summons, though served, but t....
2008 0 Supreme(J&K) 483 • India - Jammu and Kashmir
Vinod Gupta
Additionally, the court ruled that interest could not be imposed prior to the date of the demand notice, citing the 'Amritsari Dhaba ... Additionally, the court held that interest could not be imposed prior to the date of the demand notice, citing the 'Amritsari Dhaba ... ' case. ... This controversy was settled by Hon'ble High Court in case of `Amritsari Dhaba'. It was held in that case that the liability to pay i....
1953 0 Supreme(All) 94 • India - Allahabad
MALIK, V.BHARGAVA
to the High Court, not within thirty days from the date of the service of notice of such order. ... not within thirty days from the date of the service of notice of such order. ... of notice of such order. ... Mittal, learned counsel for the applicant, we have come to the conclusion that an application under Section 11 (2) (b) has to be made within thirty days of the order of the Revising Authority refusing to refer a case to this Court and not withi....
• India - Current Civil Cases
K. MANMADHA RAO
Court should issue urgent notice and post the matter to a shortest date – When there is urgency in the matter attitude of Courts ... in meanwhile – Even whereCourt is not inclined to grant temporary injunction or decides to issue urgent notice in that case also ... in posting the matter to a longer date, defeat purpose of Order 39 Rule 1 CPC. ... Even where the Court is not inclined to grant temporary injunction or decides to issue urgent notice in t....
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