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Evidence Act not applicable in its strict sence in labour laws

(Querist) 21 December 2008 This query is : Resolved 
Hi friends,
I am in need of a decision of High/S.C in the follwing subject:

Postal Peons who wrote "Refusal Note" on the envelop of a registered notice issued by the court, is not required to be examined as a witness. Only the remark "Refusal" is sufficient for the purpose of proving the fact that the party refused to accept the notice.

Vikas
Murali Krishna (Expert) 21 December 2008
Endorsement of refusal by postman, under S.27 of Post office Act, is a presumption that the same is served. Postman not to be examined.

Refer(2005)6 SCC 478 for case law.
Vikas Kr. Sinha (Querist) 22 December 2008
Thanks a lot this decision is realy helpful for me.
Hiralal Das (Expert) 08 April 2009
Thanks all of you the ld. members and the author.
I think your valuable opinions will assist everybody to solve their problem/matter in question properly.


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