AI Overview...
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Validity of Service on Last Known Address - Service by affixing notice on the last known address is generally deemed valid unless proven otherwise. Courts have consistently upheld that such service creates a presumption of proper notice, especially when statutory procedures like affixture or registered post are followed. For example, in Jagannath Prasad VS Commissioner Of Income-Tax - Allahabad, the court held that service by affixing on the last known address was valid, emphasizing the importance of proper procedure.
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Presumption of Valid Service - Under Section 27 of the General Clauses Act, service sent to the last known address is presumed valid unless disproved. This presumption applies whether notices are sent via registered post or affixture, as discussed in SRI. MANJUNATHA vs SMT. VALARMATHI - Karnataka and VASANTBHAI CHAGANBHAI HADVADIYA vs JAYANTILAL LALCHAND VORA - Gujarat.
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Legal Principles Affirmed - Courts have reaffirmed that notice sent to the last known address, even if not physically received by the recipient, is sufficient and deemed valid. This principle is upheld in cases like Paresh Rastogi vs M/Omkara Assets Reconstruction Pvt. Ltd. - National Company Law Appellate Tribunal, which dismissed claims of improper service based on the recipient's non-receipt.
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Service in Revenue and Civil Cases - Service at the last known address is considered valid in revenue proceedings (Anna Marie Philomine @ Juthitha Ignace VS Union Territory of Pondicherry & Another - Madras) and civil cases (Madhav Vishwanath Dawalbhakta (Dead) VS Bendale Brothers - Bombay), provided proper procedures are followed, such as affixture or sending notices via registered post. If notices are returned as not claimed, they are often treated as deemed service (P. Jaikumar vs The Chairman, Chennai Port Trust - Madras).
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Effectiveness of Presumed Service - The courts recognize that service at the last known address creates a legal presumption of proper notice, which shifts the burden to the recipient to prove non-receipt. Failure to do so generally results in the service being upheld (RELIANCE COMMERCIAL FINANCE LIMITED Vs TARAASHNA FINANCIAL SERVICES LIMITED - Delhi).
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Limitations and Exceptions - Service may be invalid if the notice was not affixed properly or if the address was incorrect, especially if the service was not in accordance with court directions or statutory requirements. For instance, in DURANT REFRIGERATION PRIVATE LIMITED VS NORTHERN RADIO AND REFRIGERATION COMPANY PRIVATE LIMITED - Delhi, the court found that notices not affixed at the last known address or not in compliance with court orders were invalid.
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Conclusion - Service on the last known address, when carried out through proper legal procedures such as affixture or registered post, is generally deemed valid and creates a presumption of proper service. Courts uphold this principle to ensure procedural efficiency, placing the onus on the recipient to challenge the service if necessary.
Search Results for "Service on the Last Known Address Valid"
1976 0 Supreme(All) 323 • India - Allahabad
C.S.P.SINGH, R.M.SAHAI
Whether the service of notice of demand by affixing it on the assessee's last known address was valid? 2. ... The Income-tax Officer ordered service by affixing the notice on the assessee's last known address. ... Finding of the Court: The court held that the service of notice by affixing it on the assessee's last known address ... --Please serve by affixture ....
2025 Supreme(Online)(Kar) 29322 • India - Karnataka High Court
H.P. SANDESH, J
118 and 139 of the NI Act are discussed, affirming that service to the last known address is presumed valid unless disproven. ... The presumption of service under Section 27 of the General Clauses Act applies. ... (Paras 3, 14, 15) ... ... (B) Service of Notice - Presumptions under Sections ... known address through RPAD, it should be presumed that notice is duly issued and served under Section 27 of General Clauses Act, as he has....
2025 Supreme(Online)(NCLAT) 233 • India - National Company Law Appellate Tribunal
Arun Baroka, Member (Technical)
The court held that service at the last known address, as per the Guarantee Deed, constituted valid service, regardless of actual ... - The Appellant's claims of improper service were dismissed, reaffirming the principle that notice sent to the last known address ... is deemed sufficient service, even if the recipient does not physically receive it. ... It is well settled in law that ser....
• India - Gujarat High Court
M.R. SHAH, J
to last known address, there is a presumption of service - Accused failed to provide proof of stolen cheques or misuse, making conviction ... known address sufficed and upheld the conviction based on ample evidence of the existing debt. ... valid. ... Alavi Haji (supra) when statutory notice has been issued and sent at the last known address / correct address either by RP AD or UPC, there is pres....
2007 0 Supreme(Mad) 1240 • India - Madras
S.RAJESWARAN
Per contra, the learned Additional Government Pleader, Pondicherry, submitted that even though the father of the writ petitioner passed away 15 years ago, the revenue records were not mutated at the behest of the writ petitioner and hence, the service effected on her fathers last known address is a valid ... service. ... A counter affidavit was filed by the respondents wherein it is stated that notice was affixed in the name of the petitioners father at the last #HL_S....
2025 Supreme(Online)(Mad) 56914 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
T. VINOD KUMAR, J
(Paras 32-36, 39-46) ... ... Ratio Decidendi: Service by registered post to the last known address ... known address and returned "not claimed." ... known address that were returned "not claimed" were treated as deemed service; disciplinary procedure and ex parte enquiry were ... known address by registered post and the petitioner having 'not claimed' the said notices from the postal authoritie....
2024 Supreme(Online)(DEL) 31458 • India - High Court of Delhi
DINESH KUMAR SHARMA, J
Section 27 of the General Clauses Act is that a communication would be deemed to have been delivered when the tribunal properly addressed it to a party at the last known address, and service would be deemed to have been effected at the time when the post would have been delivered in ... , in FAO (OS) 338/2016 in context of Section 3(1) has inter alia held that the service deemed to have been affected if it is sent to the addresses last known place of habitual residenc....
2018 0 Supreme(Bom) 1365 • India - Bombay
MRIDULA BHATKAR
Order Rule or Order ex parte decree needs to be set aside - No doubt defendant respondent should have intimated correct address ... or changed address in criminal proceedings however Court needs to set aside said ex parte order with cost – Petition dismissedCode of Civil Procedure, 1908 - Rule 20 - Order 5 - Order for want of proper service – Condo nation of delay ... He further pointed out that the learned District Judge gave wrong reasoning that the plaintiffs did not prove that the newspaper was affixed like summons under Order 5 Rule ....
1992 0 Supreme(Del) 486 • India - Delhi
C.L.CHAUDHRY
Issues: Whether the substituted service was valid. ... and that there was no due service of summons. ... by publication was not valid. ... Aggarwal that there was no valid service on the defendants. The notice issued for affixation at the last known address were not actually affixed there and there was no compliance of the directions of the Court. ... So far as the notice issued to be affixed at the last #HL_START....
2018 0 Supreme(All) 1041 • India - Allahabad
BHARATI SAPRU, DINESH KUMAR SINGH
correct address, sending notice at incorrect address and then drawing presumption of service of notice being sufficient on ground ... Income Tax Act, 1961 – Sections 148 – Notice – Service of – Department had with it new address of assessee however notice was sent ... at old address on ground that it was address available with Bank in respect of bank account of assessee – Held when Department had ... the Act, on the last known #HL_S....
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