Arbitration
Act inspite of intimation posted by the postman would amount to a
good service and refusal to accept the arbitral award and if whether ... record indicates that on the said envelope
containing the arbitral award, the postman had made an endorsement
'INT POST' dated 21st July
with the endorsement of refusal, onus lies upon landlord to produce 'Postman' to prove endorsement of refusal and in absence thereof, service ... this Court in this case is whether onus to produce 'Postman' when a registered letter has been returned with the endorsement of refusal
next submitted that said notice was returned back by the postman on the very next date i.e. 7.4.2015 with remark "nfj;kQr djus ... date i.e. 7.4.2015, it was returned back with the endorsement of postman and further, notice has been sent back to addressee
delivery of a postal article of any description to a postman or other person authorized to receive postal articles of that description for the post ... person present at the event, and not only by examining the postman. Here what I find is that when Court talks of evidence, when
present petition, are that the respondent, while he was posted as Postman, at Mahmoorganj, Varanasi, has been charged that he paid the money against four ... misappropriation of public fund. Therefore, it is a case of misconduct. The Postman, holds a post, where he used to handle public money
filed by the defendants for registration of the impugned
word mark SUPER POSTMAN has come to be allowed by the Trade
Marks Registry after ... plaintiff, in the suit, alleges that, by using the mark SUPER
POSTMAN, in respect of edible groundnut oil, the defendants are
infringing the registered trademark
District Judge was right in ignoring the affidavit filed by the
postman and this is not a case of any violation of principles of
natural ... aforesaid were not sufficient, one Shaukat Jafar
Pathan, the postman assigned duties by the postal department at
Malshiras during the relevant period has filed
never tendered or sought to be served upon him by postman concerned.
7. The real question raised in this matter, who was to prove that ... wrong. In other words, whose responsibility was to seek production of Postman else to fail. This matter may be examined in the light of certain
injunction restraining the defendants from infringing the registered trade mark "Postman" of the partnership firm, M/s. Ahmed Oomerbhoy (hereinafter referred ... goods as the edible oil being sold under the trade mark "Postman".
2. The suit is instituted by the Court Receiver
General Clauses Act with reference to service of quit notice by the Postman when the Postman was examined as P.W.2 and his evidence ... service of notice is only a rebuttable presumption and when the Postman was examined as P.W.2 and his evidence was not trustworthy
