NOTICE BY ANIKET PANDEY R760209005 BBA.LLB V SEM.

NOTICE

BY

ANIKET PANDEY

R760209005

BBA.LLB

V SEM

DEFINITION

A Notice is the legal concept in

which a party is made aware of a

legal process affecting their rights,

obligations or duties. There are

several types of notice:

CLASSIFICATION OF NOTICE

Public notice

Actual notice

Constructive Notice

PUBLIC NOTICE

Public notice is a notice given to the public regarding certain

types of legal proceedings.

1. By Government

Public notices are issued by a government agency or legislative

body in certain rulemaking or lawmaking proceeding.

2. By private individuals or companies

ACTUAL NOTICE

Actual notice is a law term, used most frequently in Civil

procedure Code. It is notice (usually to a defendant in a civil

proceeding) delivered in such a way as to give legally sufficient

assurance that actual knowledge of the matter has been conveyed to

the recipient. Personal service, that is, physically handing something

to an individual, is usually considered the least-disputable method of

giving actual notice.

CONSTRUCTIVE NOTICE

Constructive notice also known as the Doctrine of

Constructive Notice is a legal fiction used in the law of

both common law and civil law systems to signify that a

person or entity is legally presumed to have knowledge

of something, even if they have no actual knowledge of

it.

EXAMPLE

1.Intellectual property

For example, one benefit of registering a trademark is that the

registration gives nationwide constructive notice that the

trademark is owned by the registrant. Therefore, if another entity

uses the mark, they will be treated as though they knew their use

of it was a trademark infringement, even if they had no actual

knowledge of the registration, or the registrant's use of the mark.

SIGNIFICANCE OF NOTICE

In common law, notice is the fundamental

principle in service of process. In this case, the

service of process puts the defendant "on notice"

of the allegations contained within a criminal

defendant to be notified of the charges and their

grounds.

NOTICE AS PART OF CPC

If a court bases personal jurisdiction over an out-of-state or foreign

defendant on a long-arm statute, the court must carefully select a

means of notifying the defendant to comply with the notice

requirement of due process. Sometimes this is done by serving agents

of the defendant located within the state. Because out-of-state

defendants can't always be located easily.

CONT.,

An example of this would be printing a notice of the

lawsuit in a newspaper published where the defendant is

believed to reside. Because the failure of a defendant to

appear in court results in a default judgment against him,

such measures must be sufficiently calculated to give

actual notice to the defendant to satisfy due process.

NOTICE UNDER TPA

Section 3 of TPA : A person is said to have notice”

of a fact when he actually knows that fact, or

when, but for wilful abstention from an enquiry or

search which he ought to have made, or gross

negligence, he would have known it.

EXPLANATION IWhere any transaction relating to immoveable property is required by law to be and

has been effected by a registered instrument, any person acquiring such property or any

part of, or share or interest in, such property shall be deemed to have notice of such

instrument as from the date of registration or, where the property is not all situated in one

sub-district, or where the registered instrument has been registered under sub-section (2)

of section 30 of the Indian Registration Act, 1908 (16 of 1908), from the earliest date on

which any memorandum of such registered instrument has been filed by any Sub-

Registrar within whose sub-district any part of the property which is being acquired, or

of the property wherein a share or interest is being acquired, is situated

EXPLANATION II

Any person acquiring any immovable property

or any share or interest in any such property shall

be deemed to have notice of the title, if any, of any

person who is for the time being in actual

possession thereof.

EXPLANATION III

A person shall be deemed to have had notice of any fact

if his agent acquires notice thereof whilst acting on his

behalf in the course of business to which that fact is

material:

Provided that, if the agent fraudulently conceals the

fact, the principal shall not be charged with notice

thereof as against any person who was a party to or

otherwise cognizant of the fraud.

THANK YOU