This work, besides making a threadbare analysis of technical provisions of law and their related precedent, emphasises a new developing theory on the subject that tilt towards the concept of notice being only a ‘procedural requirement’ as against a ‘substantive requirement’ to render effective justice.
Thus, a few landmark decisions that change the law relating to notices, as ordained under Section 138 of the Negotiable Instruments Act, 1881, Section 106 of the Transfer of Property Act, 1882, Section 80 of Code of Civil Procedure, 1908 and various other provisions that relate to respective local Municipal Laws, have been highlighted and analysed in tune with Article 14 of the Constitution of India to bring about the equitable justice which is the real hallmark of the present thesis.
Some chapters have also been exclusively devoted to the law relating to ‘electronic notices’ touching almost all practical aspects, with appropriate arguments that an enterprising lawyer would advance in a court of law with the support of judicial dicta on both sides, to make this work unique.
For these reasons, the present work is a perfect blend of theory and practice. The book highlights provisions of Section 65B of the Indian Evidence Act, 1872. It also examines latest case-law on the subject with special attention to deemed admission against the noticee.
This book will be an important asset to every reader who wants to gain knowledge in the particular subject.