what 'notice' means and its purpose

what 'notice' means and its purpose, we deem it fit to consider the following:

“In a recent judgment in V.D.S.R.Re. Rolling Mill v. Special Commissioner & Commissioner of Land Administration reported in (2012) 5 MLJ 817, the Hon'ble Madras High Court considered the meaning to the word "notice". In paragraph Nos.107 to 115, this Court has considered the term 'notice' as follows:

"107. Notice is the making something known, of what a man was or might be ignorant of before. And it produces divers effects, for, by its, the party who gives the same shall have some benefit, which otherwise he should not have had; the party to whom the Notice is given is made subject to some action or charge, that otherwise he had not been liable to; and has estate in danger of prejudice. (Co. Lit. 309 TOMLINS LAW DICTIONARY). Licensed to Madhavan A K 2021 ICO 1775 Page 12 of 13 Generated on 2022-12-21 © 2022 Kerala Law Journal indiancases.com 108. Actual Notice is "When there is positive information of a fact," It is "Actual knowledge by the party of the very matter or thing, of which he is said to have notice," "It consists in express information of the fact." It is "knowledge brought directly home to the party." "However closely actual notice may be in many instances approximate knowledge, there my be actual notice without knowledge." (See 29 Ame. Cyc.1113) 109. Constructive Notice, defines "Legal inference from established facts." "Notice imputed by the law to a person not having actual notice." "Knowledge of any fact which would put a prudent man upon inquiry." "Knowledge of such facts as should induce inquiry, and as would lead to injury in the case of an ordinarily prudent man and which cannot be neglected without a voluntary closing of the eyes, and conduct inconsistent with good faith." 110. Notice, in its legal sense, may be defined as "information concerning a fact actually communicated to a party by an authorised person, or actually derived by him from a proper source, or else presumed by law to have been acquired by him, which information is regarded as equivalent to knowledge in its legal consequences. (13 All 171: 30 B.275) 111. The adherence to principles of natural justice as recognised by all civilised States is of supreme importance when a quasi-judicial body embarks on determining disputes between the parties. These principles are well settled. The first and foremost principle is what is commonly known as audi alteram partem rule. It says that no one should be condemned unheard. Notice is the first limb of this principle. It must be precise and unambiguous. It should apprise the party determinately the case he has to meet. Time given of the purpose should be adequate so as to enable him to make his representation. In the absence of a notice of the kind and such reasonable opportunity the order passed against the person in absentia becomes wholly vitiated. Thus, it is but essential that a party should be put on Notice of the case before any adverse order is passed against him. This is one of the most important principles of natural justice. It is after all an approved rule of fairplay. Another principle of natural justice is popularly known as rule against bias. A third one is that the party when requested should be given a copy of the order passed against him, containing the reasons for the adverse order. (Hurhanuddin Hussain v. State of A.P., AIR 1970 AP 137 :: 1969 ICO 1206) 112. The word "Notice" means intimation, information, cognizance or observance, "notice" implies knowledge and this knowledge comes from direct perception or from inference reasonably arising out of several facts and circumstances. (Manick Lal Seal v. K.P.Choudhary, AIR 1976 Cal 115 :: 1975 ICO 1479) 113. The word 'Notice' means intimation announcement, information, warning, cognizance, observation, "Notice" implies knowledge and this knowledge may come from direct perception or from inference reasonably arising out of several facts and circumstances which are manifest on plaint averments. (Kanchanbai v. Khetidas, (1991) 1 Civil LJ 553 :: 1990 ICO 3791) 114. 'Notice' is originated from Latin word 'notifia' which means 'a being know', knowing is wide enough in legal circle to include plaint filed in suit, notice in its legal sense, is, information concerning fact actually communicated to party by authorised person or actually derived by him from proper sources or else presumed by law to have been acquired by him, which information is regarded as equivalent to knowledge in its legal consequences. [Commissioner of Sales Tax and Others v. Subhash & Co., AIR 2003 SC 1628: (2003) 3 SCC 454 :: 2003 ICO 514]”