General
Anup Hadgaonkar
(Querist) 24 January 2011
This query is : Resolved
That A send a legal notice attached with documents to B,in packed involop through Reg.post.
But B claiming that, he had recived the Reg. post involop but that was empty, nothing in it.
whether B can take such kind of defence?
if yes, then what will be the remedy for A. and what kind of precautions to be taken at the time of sending legal notice to the defoulter.
and what to do, if empty envolop recived?
Advocate. Arunagiri
(Expert) 24 January 2011
It is a legal presumption that the RPAD cover contains a notice. You can proceed further with the case.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 25 January 2011
No sir it can not be presumed. Even though mischief on the part of reciever you have to prove in the court that actually notice was in the envelope.
In a Judgment by All HC even a photocopy of notice is not admissible as evidence unless it is carbon copy of the notice sent.
sachin sethi
(Expert) 25 January 2011
Yes Sir, presumption is regarding only service of post within 30 days if neither acknowledgement, nor original post received back within 30 days....it can not be presumed as to what the postal envelope was containing...it may be a mischief of receiver in this case,,,which can be brought on record by way of clever cross examination on this point.....but sometimes even the senders are found to be mischievous (not in your case) so as to deprive the receiver of an opportunity to send a reply of notice, while having a copy of the same in his possession....so there is no presumption regarding contents of envelope..
