Difference...Notice

Guest (Querist) 31 March 2009 This query is : Resolved
What is the difference between "service of notice " and "issuance of notice"??

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Neeraj Arora (9897136755) (Expert) 31 March 2009
dear,
service of notice means, either notice has been deliverd to the reciver or return with remark `not claim`.

n.k.sarin (Expert) 31 March 2009
I think 'service of notice' means, notice has been delivered to the reciver.'issuence of notice' means notice has been issued to the concerned party.

PALNITKAR V.V. (Expert) 31 March 2009
Provided that the notice must have been sent by RPAD on correct address if one has to draw presumption about service of the notice. Whereas issuance means simply sending the notice for service

Jithendra.H.J (Expert) 31 March 2009
not only through RLAD, notice may be sent through the FAX, courier, COP etc.,

By mere sending the notice through the RPAD/RLAD, it cannot be presumed that the notice is served, the notice must have been served, acknowledgment should have been signed by the adressee.

In law if the unserved registerd cover returned with the endorsement that 'addressee left', 'not claimed' etc are considered as valid service of notice.

K.C.Suresh (Expert) 01 April 2009
Word meaning service of notice is to serve the same. Issuance is to issue the same.

M. PIRAVI PERUMAL (Expert) 01 April 2009
I agree with the views.

Ashey (Expert) 01 April 2009
I agree with the views

PALNITKAR V.V. (Expert) 01 April 2009
I would like to differ with Mr. Jithendra. If we see the provisions of General Clauses Act, presumption of service arises if the notice is sent by RPAD on correct address. Proof of actual service is not necessary. However, the presumption is rebuttable.

ESTHERPRIYA (Expert) 03 April 2009
According to me the issuance of notice means the mode in which the notice can be made eg.publication, court notice, summons, private notice etc.
Whereas the service of notice means whether the said issuance of notice has served its purpose eg. served, left, wrong address, such person not found etc. The difference is this.

adv. rajeev ( rajoo ) (Expert) 03 April 2009
Service of notice means, when notices are issued and such notices are served to the concerned person it is known as service of notice. Issuance of notice means issuing a notice to the person.

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