n.i.a.

Querist : Anonymous (Querist) 07 July 2010 This query is : Resolved
what if a person deliberately avoids receiving notice under 138 of n.i.a. 5 times and the notice is returned back .. will it be presumed to be served??

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Raj Kumar Makkad (Expert) 07 July 2010
Court should order for substituted service in such matter though it depends upon the report on the notice.

Adinath@Avinash Patil (Expert) 08 July 2010
I agree with Raj.

G. ARAVINTHAN (Expert) 08 July 2010
what is the reason for returning of notice?
if refusing, that amounts to effective service.

if returned for some other reason, then substituted service like publication may be ordered

H. S. Thukral (Expert) 08 July 2010
If notice is sent at correct address under the provisions of section 138 NIAct it is deemed served even if it is returned back. Please don't serve another notice. In addition to a notice under registered cover, you must have sent a copy under UPC. sending another notice extinguish your cause of action.

Krishnamurthy Ramdas Iyer (Expert) 08 July 2010
sending under UPC is deemed served

Arvind Singh Chauhan (Expert) 09 July 2010
I go with Hrabhajan Sir.

Basavaraj (Expert) 10 July 2010
As per the Genral Act section 27, post should be sent through Registed post only. On this regard Hon'ble Supreme Court has held in so many cases that where service of notice served and returned due to the following reasons:
1.refuses to accept.
2.door locked.
3.not in home
etc..... it is demeed to served the notice to the accused.

You see the what is the reason for return the notice.

Basavaraj (Expert) 10 July 2010
Dear Sir, Kirshnamurthy Ramdas Iyer, I do not agree with your advise. Beacuse our HOn'ble Supreme Court of India has held that sendign notices through UCP does not deem to service of notice.

If you don't mind the said judgment will beposted shortly (right now I don't have), I'm in out of station.

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