Salem Advocate Bar Assn. v. Union of India
(2005) 6 SCC 344 · Supreme Court of India
Section 80 CPC is to be applied to advance justice; hyper-technical objections to notice should not defeat a just claim.
Unit V · Drafting, Pleadings and Conveyancing
Statutory and contractual notices
Study aid only. Confirm statute numbers with the current bare Act and the official OU LL.B. (3-YDC) 2024–25 syllabus PDF.
Notice checklist: sender and addressee; material facts; legal basis; precise demand and time to comply; how sent (registered post / email); copy for brief; proof of service.
Statute sections
| Act / instrument | Section | Name |
|---|---|---|
| Code of Civil Procedure, 1908 | 80 | Notice to Government or public officer |
| Transfer of Property Act, 1882 | 106 | Duration of certain leases in absence of written contract or local usage |
| Transfer of Property Act, 1882 | 111(g)/(h) | Determination of lease by forfeiture or notice |
| Indian Contract Act, 1872 | 4 / 66 | Communication of proposal and restoration after rescission |
Landmark cases
Mayar (H.K.) Ltd. v. Owners & Parties, Vessel M.V. Fortune Express
(2006) 3 SCC 100 · Supreme Court of India
Pre-suit correspondence and notices form part of the narrative from which cause of action is read.