civil

Rituraj kalita (Querist) 09 December 2010 This query is : Resolved
does the non reply,non obligation or silence on the part of the defendant with in the stipulated time of 30 days after the receipt of the advocates notice of the plaintiffs side where stipulated time to act was mentioned as 30 days after the received of the notice, amounts to admission on the part of the defendant? please refer some cases

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Adv. Satyendra kumar chauhan (Expert) 09 December 2010
Of course. any prudent man will answer of allegations imposed upon him and if he does not reply it will be considered as acceptance.

Devajyoti Barman (Expert) 09 December 2010
No , I disagree.
A person is not bound(legally or otherwise) to answer to the query put throguh a letter and such silence would not be treated as admission. Only in certain cases specially between persons of fiduciary relationship, the silence is treated as acceptance of offer.

s.subramanian (Expert) 10 December 2010
Yes. I fully endorse the view of Mr.Barman.

Kirti Kar Tripathi (Expert) 10 December 2010
yes, i also agree with Mr. Burman.

Parveen Kr. Aggarwal (Expert) 10 December 2010
AIR 1948 Patna 406

"...though the complainant had sent a written notice to the accused demanding a return of the documents, the accused had not sent any reply to the notice and he gave no explanation of his conduct:

Held, that under the circumstances an adverse inference was correctly drawn against the accused."

Advocate Bhartesh goyal (Expert) 10 December 2010
Non reply of notice or silence does not amount admission.

ashish lal (Expert) 10 December 2010
Person is not legally bound to reply to notice

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