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manish agrawal (ADVISOR)     18 September 2010

E-Mail leagal notice ???

i want to know can i send a leagal notice by E-Mail to a company.

is it will be treated as a proper leagal notice ?



Learning

 11 Replies

manish agrawal (ADVISOR)     18 September 2010

is the legal notice sent via email has valid status?

Suchitra. S (Advocate)     18 September 2010

Courts assume the notice has been duly served by you on a particular date when you show them the acknowledgement or receipt of the RPAD or speed post sent to the other party. In case of mail, it is difficult to assume the mail has been delivered to the other party without any proof of acknowledgement. 

1 Like

P.K.Haridasan (Advocate)     19 September 2010

In Emails you will not get a documentary proof of acknowledgement of the receipt .

1 Like

SIDHES JENA (CEO- Jena & Company www.jenasworld.com)     19 September 2010

There is a possibility to prove, but it is will be very difficult, it will come under cyber law

1 Like

(Guest)

I agree with suchitra as In case of mail, it is difficult to assume the mail has been delivered to the other party without any proof of acknowledgement. Difficult to prove.

Now read this it’s interesting ,

Supreme Court to serve notice by email

In a recent order passed by the Supreme Court, keeping in view the delay in service of notice to the respondents to effectuate their appearance before the Court, the Chief Justice of India has directed that "on addition to normal mode of service, service of Notice(s) may be effected by E-Mail for which the advocate(s) on-record will, at the time of filing of petition/appeal, furnish to the filing counter a soft copy of the entire petition/appeal in PDF format"

The Order, passed in the matter of Central Electricity Regulatory Commission v. National Hydroelectric Power Corporation Ltd. was passed by the Chief Justice notes that "in various Courts, the statistical data indicates that, on account of delay in process serving, arrears keep on mounting. In Delhi itself, the input indicates that fifty per cent of the arrears in Courts particularly in commercial cases is on account of delay in process serving.". In this view he laid down the following guidelines in this regard;

[i] In addition to normal mode of service, service of Notice(s) may be effected by E-Mail for which the advocate(s) on-record will, at the time of filing of petition/appeal, furnish to the filing counter a soft copy of the entire petition/appeal in PDF format; 

[ii] The advocate(s) on-record shall also simultaneously submit E-Mail addresses of the respondent(s) Companies/Corporation(s) to the filing counter of the Registry. This will be in addition to the hard copy of the petition/appeal;

[iii] If the Court issues notice, then, in that event alone, the Registry will send such an additional notice at the E-Mail addresses of the respondent(s) Companies/Corporation(s) via E-Mail;

[iv] The Registry will also send Notice at the E-Mail address of the advocate(s) for respondent(s) Companies/Corporation(s), who have filed caveat. Advocate(s) on-record filing caveat shall provide his/her E-Mail address for effecting service; and

[v] Within two weeks from today, Cabinet Secretariat shall also provide centralized E-Mail addresses of various Ministries/Departments/ Regulatory Authorities along with the names of the Nodal Officers, if already appointed, for the purposes of service.

The Order itself clarifies that this "facility is being extended in addition to the modes of service mentioned in the existing Supreme Court Rules. This facility, for the time being, is extended to commercial litigation and to those cases where the advocate(s) on-record seeks urgent interim reliefs.

Amardeep Srivastava (Senior Law Officer)     24 September 2010

Dear Manish,

If you are using microsoft outlook for e-mail, you can generate delivery receipts as well as read receipts. Appropriate settings can be done going into tools-options-email options-tracking options. Those receipts can be used to prove delivery.

Amardeep

Suchitra. S (Advocate)     24 September 2010

i agree with Amardeep Sir. But we will not be having other party which is so tech savvy who comes to courts here in India. Yes, we can use Microsoft outlook in which we receive 'mail read' receipts,  if the other party is updated as the litigant is. In other circumstances it is better to send notice through RPAD.


(Guest)

E-mail tracking is a method for monitoring the e-mail delivery to intended recipient. Most tracking technologies utilize some form of digitally time-stamped record to reveal the exact time and date that your e-mail was received or opened, as well the IP address of the recipient.

Some e-mail applications, such as Microsoft Office Outlook, employ a read-receipt tracking mechanism. The sender selects the receipt request option prior to sending the message, and then upon sending, each recipient has the option of notifying the sender that the message was received and/or read by the recipient.

However, requesting a receipt does not guarantee that you will get one, for several reasons. Very few e-mail applications or services support read receipts, and users can generally disable the functionality if they so wish. Those that do support it aren't necessarily compatible with or capable of recognizing requests from a different e-mail service or application. Generally read receipts are only useful within an organization where all employees/members are using the same email service and application.

Depending on the recipient's mail client and settings, they may be forced to click a notification button before they can move on with their work. Even though it is an opt-in process, a recipient may consider it inconvenient, discourteous, or invasive.

 But in the end I agree with Suchitra .S as she said " But we will not be having other party which is so tech savvy who comes to courts here in India." 

 

P.K.Haridasan (Advocate)     28 September 2010

 Madam Suchitra  is right. we  have to wait some more years to become  fully net oriented  .


(Guest)

Most emails send receipts. eg Gawab.com. Then a world class M.I.T software even tells how long your email was read and how many times and where it was forwarded and to whom[Maps show up]. All computer details of the recepient[s], browser detailss,IP addresses etc are shown. Emails sent to the recipient are invisible and the recpient doesn't know that he's been tracked.You can block printing ,make emails self destrucive, digitally notarized and much more.

STUDENT.... (.......)     10 April 2012

Hi,

 

I'm an employee of an Organization and I have resigned from my company here the company says that they have a policy where in they don't accept the resignation from email and they need the resignation in hand written, although the company says that we won't give you any accpectance of resignation and also will not issue any releving letter for next 45-60 Business days, since they have to take clearance from other departments as well as per the verbal conversation held with on my co-worker in the organization and with the x-employees experience which they have shared.

 

Where as In the appointment letter issued by the Organization nothing is mentioned as such that they won't accept resignation from email or else they need resignation in hand written format.

 

Now I have sent my resignation to the company through email and they have also replied to me on the same email stating as follow:

 

"Kunal

 

We have received your resignation letter dated April 10, 2012 through your personal Id. We would like to bring to your notice that as per the Company guidelines, resignation through personal e-mail Id is not acceptable.

 

We request you to either personally visit the company premises to resign from your official email Id or send a signed hard copy of your resignation via courier.

 

Failing a response from your end within next 48 hours , it would be considered as willfulabandonment of servicesand no longer interested in continuing with the organization; and your name will be struck off from the muster rolls of the organization and the employment with the organization would stand terminated.

Regards"

 

Now in this case what? Will this be considered as delivered or not in the court?

 


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