Loading...

⚠ ✕
❮ Top
☎ Help
☰
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback✕

Contact Us At :

✉ E-mail: [email protected]

✆ Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters 0/2000
TMI Blog
Home / TMI Blogs / RSS

Deemed service of a correctly addressed cheque dishonour demand notice satisfies the statutory requirement despite receipt by a family member.

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Statutory demand notice sent by registered post to the drawer's correct address is deemed served under a rebuttable presumption, even if received by the drawer's mother; giving notice does not require the drawer's personal receipt. The drawer must rebut service by proving an incorrect address, non-delivery at that address, or lack of knowledge. Where the address was undisputed and used for summons and proceedings, the presumption remained unrebutted, the notice requirement was met, and the conviction was restored. A coordinate-Bench ruling treating receipt by a spouse as invalid service was per incuriam for disregarding binding larger-Bench authority and lacked binding force under Article 141.....