NOTICE BY ANIKET PANDEY R 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 I  Where 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.

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