Supreme Court · 2008 INSC 1003 · Decided 2 September 2008
V.N. Bharat v. D.D.A. and ANR.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1003 · [2008] 12 S.C.R. 1119
- Case number
- CIVIL APPEAL No. 1373/2006
- Decided
- 2 September 2008
- Bench
- ALTAMAS KABIR, MARKANDEY KATJU (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Evidence Act Section 114(f)
Headnote
A B Evidence Act, 1872: s.114(f) - Presumption as to ser­ vice - Demand letter allegedly issued by DOA - Receipt of, denied by the allottee - Held: Presumption under s.114(f) is c rebuttable presumption - On denial of receipt, al/ottee dis­ charged his onus - Onus shifted to DOA to prove Trade Practices Act, 1969: Unfair trade practice - Allotment of flat - Cancellation of, on D :._ account of non-compliance of demand letter - Restoration of ., allotment demanding fresh allotment charges - Challenge against - Held: ODA failed to prove that service of demand notice was
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