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Arindam (Manager)     10 October 2013

Legal notice through e-mail

Dear hon. lawyers,

Is it VALID, If legal notice is scanned and sent through a e-mail as an attachment. Since, the recipient refused to accept a notice when it was sent through a registered post.

Sincerely,
Arindam



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 4 Replies

V. VASUDEVAN (LEGAL COUNSEL)     10 October 2013

As per the Information Technology Act, it is a valid service, provided the email was sent to the registered /official email id of the receipient and the sender is having a proof of delivery of the message to the recipient - this proof is received when a mail is delivered.

Vasudevan

Arindam (Manager)     11 October 2013

Dear Mr. V. VASUDEVAN:

Thank you very much for your response.

But, if recipient declines the 'read receipt', then it may not be possible to have the proof of delivery.

How would you define the 'proof of delivery of the message to the recipient'?

Since, it is up to the recipient to give the proof of e-mail delivery (i.e. read receipt in MS Outlook).

Regards,
Arindam

Sudhir Kumar, Advocate (Advocate)     11 October 2013

if registered mail is received back due to refusal it is deemed delivery.

Arindam (Manager)     11 October 2013

Dear Mr. Sudhir Kumar,

Thank you very much for your response. I believe you meant if legal notice sent through registered post (Indian postal service) is refused by recipient then it is considered as 'delivered'?

Regards,

Arindam


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