aarjun vhajage
09 July 2014 at 17:52
Xerox copy of demand notice is submitted along with the list of documents when giving the evidence affidavit by mistake in lieu of original. We have only original postal receipt and xerox copy of acknowledgement of post. Acknowledgement of post is signed by accused of receiving demand notice. But we have only xerox copy of it. I have to prove the demand notice is served. How can I prove?
Summons is issued to post master from where, demand notice is sent. which questions can i asked in chief examination to the post master?
aarjun vhajage
04 May 2014 at 11:46
I filed a complaint of my client under 138 NIA. Chief and cross is over of complainant. Now I came to know that, original receipt and acknowledgement of demand notice, which was signed my accused, is lost/misplaced from the documents. It was original copies. Which was not exhibited. But at the time of filing the case, in list of documents, it is mentioned in the list. And in the examination in chief and in evidence affidavit I requested to court to exhibit it. But court didnt exhibited it that time. Now on this stage, I made the application to recover the concerned receipts by the staff who handling the documents if misplaced somewhere. The documents were in the custody of court. But court ordered that, receipts are important and to make it avail by complainant. Except this receipts I cant prove limitations. I know, when opposite party came to know that receipts are not exhibited and question of limitation will be arise. They disappeared it. What can i do know? Is the any citation or any procedure to read it in evidence if it is disappeared from the documents?
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138 of nia
I MADE A MISTAKE IN COUNTING THE DAYS. PERIOD OF DEMAND NOTICE IS 15 DAYS. BUT I COUNTED 14 DAYS. BUT COMPLIANT IS FILED IN TIME LIMIT. HOW CAN I RECTIFY IT? STAGE: TO SUBMIT THE EVIDENCE AFFIDAVIT ON NEXT DATE. IS THE ANY PROVISION TO RECTIFY THE PRINTING / ARITHMETICAL MISTAKE?