Gomes v. Shakir – sllr 1997 volume 2 page 113

In Gomes v. Shakir, the court addressed whether the defendant had duly received the notice to quit, and if the evidentiary presumptions under sections 16 and 114(e) of the Evidence Ordinance were properly applied. It was held that evidence supported the presumption that the notice was correctly addressed, posted, and received, warranting reliance on statutory presumptions regarding receipt of mail. The holding reaffirmed the principle that proper dispatch of notice through registered post, supported by documentary and testimonial evidence, creates a presumption of delivery and receipt. The decision relied on the Evidence Ordinance and relevant case law, emphasizing that a presumption of receipt arises unless rebutted by convincing evidence to the contrary, thus reinstating the District Cou

REF: sllr 1997 volume 2 page 113 Category: Tag:
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