138 of nia
aarjun vhajage
(Querist) 09 July 2014
This query is : Resolved
Xerox copy of demand notice is submitted along with the list of documents when giving the evidence affidavit by mistake in lieu of original. We have only original postal receipt and xerox copy of acknowledgement of post. Acknowledgement of post is signed by accused of receiving demand notice. But we have only xerox copy of it. I have to prove the demand notice is served. How can I prove?
Summons is issued to post master from where, demand notice is sent. which questions can i asked in chief examination to the post master?
Kuummaar AS
(Expert) 10 July 2014
can i asked in chief examination
??????????????
Please explain problem properly.
Arvind Singh Chauhan
(Expert) 11 July 2014
Lay the postal receipt before him and ask whether according to postal record that article has been received by the addressee. It would be better if he is called with concerned record.
Advocate. Arunagiri
(Expert) 11 July 2014
You can get the postal acknowledgement from the official website of Postal Department.
V R SHROFF
(Expert) 11 July 2014
XEROX OF DEMAND NOTICE WILL DO, AS A OFFICE COPY// ORIGINAL WAS POSTED TO ACCUSED; POSTAL ORIGINAL IS ENOUGH.
iF aCCUSED DENY RECEIVING NOTICE; YOU CAN PROVE SERVICE BY PROVING TRUE AND CORRECT ADDRESS OF ACCUSED, AND NOTICE SENT AT THAT ADD.
[Who stop you printing another Original, get sign of compl + adv, show as Office copy: Original demand notice ?]After all, it is your copy. , left with you only..
DEFENSE ADVOCATE.-firmaction@g
(Expert) 11 July 2014
if you are an accused than good chance to come out.
if complainant advocate is strong he can carry the day as suggested above.but still it will not stand in revision.
V R SHROFF
(Expert) 11 July 2014
""We have only original postal receipt""
""I have to prove the demand notice is served.""
These two statement positively shows that Querist is complainant, and not accused.
aarjun vhajage
(Querist) 14 July 2014
V R SHROFF SIR,
""We have only original postal receipt""
""I have to prove the demand notice is served.""
THIS IS THE RIGHT QUERY.
THANK YOU ADVOCATE DEFENSE, Advocate. Arunagiri, Arvind Sir and thank you Kumar A S Sir.
aarjun vhajage
(Querist) 14 July 2014
Now which questions can i ask to post master?
Advocate. Arunagiri
(Expert) 14 July 2014
Once the registered post is delivered, the delivery proof will be sent to the origin post office. You can ask the Post master to produce the proof of delivery.
Inform him in advance, this will enable him to bring the records.
aarjun vhajage
(Querist) 15 July 2014
Arunagiri sir, thank you for your reply. I even made communication with postal department. But the postal department keep the record only for 6 months. And this case is filed in 2012. So I am hardly thinking to way on this problem.
V R SHROFF
(Expert) 15 July 2014
Aarjun,
as adv defence raised this point "if you are an accused than good chance to come out."
So in clarification, I pointed out
""We have only original postal receipt""
""I have to prove the demand notice is served."" to prove, you are complainant, and have good chance to prove service of notice.
you have correct query: it is not in dispute.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 16 July 2014
WELL I HAVE SAID IF COMPLAINANT ADVOCATE IS STRONG.
BECAUSE MANY DEFENSE ADVOCATES EVEN DO NOT THINK THAT IT IS A VALID POINT.
IN THE COMPLAINT THE PLEADING IS THAT NOTICE IS SENT BY HIS / HER ADVOCATE SO THE WHATEVER POSTAL DOCUMENTS IN HANDS OF COMPLAINANT ARE SECONDARY EVIDENCE.
AGAIN EVIDENCE OF ANY OTHER POSTAL PERSON THAN THE PROPER POSTMAN IS HERESAY OR SECONDARY EVIDENCE HENCE CAN not BE RELIED FOR CONVICTION.
