mandatory notice
Querist :
Anonymous
(Querist) 24 June 2011
This query is : Resolved
A provision in an Act requires the mandatory notice 'to be affixed on the outer door of some conspicuous part of the building,whereupon the notice will be deemed to have been served".But the concerned does not serve the notice as above said but sends through registered post.
Is it a valid service of notice?...Yes or No..May I request friends here or the Experts to reply with reference to some Judgments ?
Thanks & Lots of regards !!!
Kiran Kumar
(Expert) 24 June 2011
can u pls mention which particular act says so....otherwise affixing notice outside the premises is an alternative mode of service....service through registered post is considered as best mode of service....
prabhakar singh
(Expert) 25 June 2011
yes, mention which particular act says so.
Querist :
Anonymous
(Querist) 25 June 2011
J&K Municipal Act...
S.229-The Executive Officer shall cause the notice to be affixed on the outer door or some conspicuous part of the building whereupon the notice shall be deemed to to have been duly served on such person.
AND
S.7(2) 0f Control Of building operation Act...
7. Order of demolition of building in certain areas
(1) Where the erection or re-erection of any building has been commenced or is being carried on or has been completed without the permission referred to in section 4 or in contravention of any condition subject to which any permission has been granted, the Authority shall issue a notice in writing calling upon the person to show cause within a period of 48 hours, why the building should not be altered or demolished as may be deemed necessary to remove the construction.
(2) The authority shall cause the notice to be affixed on the outer door or some conspicuous part of the building whereupon the notice shall be deemed to to have been duly served upon the owner or the occupier of the building.
(3) If the person to whom notice has been given refuses or fails to show cause within a period specified under sub-section (1) or if after hearing that person, the authority is satisfied that the erection or re-erection of the building is in contravention of the provisions of this Section, the authority shall by order direct the person to demolish, alter or pull down the building or part thereof so far as is necessary to remove the contravention within a period not exceeding five days as may be specified in the order and if the person fails to comply with the direction, the Authority may itself cause the erection or re-erection to be demolished after the expiry of the said period and may for that purpose use such Police Force as may be necessary which shall be made available to him by the Police department on requisition.
Besides, there are other provisions in other enactments also where there is on one (this) mode of service of a mandatory notice.
This is what my advocates tell me ???
Thanks for concern.regards.
prabhakar singh
(Expert) 25 June 2011
the purpose of provision is to let a party 'know'.
much depends on court.
Querist :
Anonymous
(Querist) 25 June 2011
Respected sir, there is yet a similar provision in the Code of criminal Procedure S.145 (3),where it is mandated that besides serving a notice of the preliminary order in the manner,summonses are served, a copy of the said notice has to be published by affixing to some conspicuous place of or near the place of dispute.This provision is held mandatory & non-compliance vitiates the proceedings.
Moreover the law of interpretation says that we cannot read a thing in the provision which is not there.To say the least,where a provision prescribes the service of a notice by registered post,can affixing of a notice at the office ,house,or shop/place etc, be sufficient compliance.I am told that where a provision is penal in nature,it requires strict compliance.If it requires that the service of a notice has to be done by AFFIXING it on the conspicuous part of the tenement etc,service through other mode,will not be sufficient.We cannot interfere & fiddle with the legislative intent.What have you to guide me.My humble request is,if you can spare your precious moments,quote some authorites relevant to the point in issue.
I shall be obliged.
Thanks & Regards !
