Notice denotes knowledge of certain facts; formal receipt of the knowledge of certain facts; information required by a party in a case to give to another party in the case; usually made by either mail, posting or through a publication, such as a newspaper.
“Notice” is a direct and definite statement of a thing as distinguished from supplying materials from which the existence of such thing may be inferred. ….. [Per Parke, B. Burgh vs. Lege, 5 M & W 420; 8 LJ Ex. 258]
A person is said to have notice of a fact when he actually knows that fact, or when, but for willful abstention from an inquiry 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 Registration Act, 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:
Provided that—
(1) the instrument has been registered and its registration completed in the manner prescribed by the Registration Act, 1908, and the rules made thereunder,
(2) the instrument or memorandum has been duly entered or filed, as the case may be, in books kept under section 51 of that Act, and
(3) the particulars regarding the transaction to which the instrument relates have been correctly entered in the indexes kept under section 55 of that Act.
Explanation II.—Any person acquiring any immoveable 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. ….. [Section 3 of the Transfer of Property Act, 1884]
A person is said to have "notice" of a fact either when he actually knows that fact, or when, but for willful abstention from inquiry or gross negligence, he would have known it, or when information of the fact is given to or obtained by his agent, under the circumstances mentioned in the Contract Act, 1872, section 229. ….. [Section 3 of the Trusts Act, 1882]
The purpose of a statutory notice is to give an opportunity to show cause and to remedy or amend the wrong done before the proposed action to be taken.It is a requirement of a fair play. Such notice must be specific, clear and precise on the breach or violation etc. committed. Otherwise, the very purpose of the notice would be defeated. ….. [A. Rouf Chowdhury vs. Bangladesh and others, 20 BLD (HCD) 537]