MODE OF COMMUNICATION.

Swaroop (Querist) 27 December 2008 This query is : Resolved
IS IT A HARD AND FAST RULE THAT A NOTICE,
A ORDINARY OR A LEGAL NOTICE SHOULD BE SENT ONLY THROUGH A REGISTERED POST OR CAN ONE SEND IT THROUGH A COURIER AND KEEP THE (POD)PROOF OF DELIVERY AS THE PRROF.KINDLY CONFIRM.

REGARDS
SWAROOP

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Kiran Kumar (Expert) 27 December 2008
dear Swaroop,

sending notice through courier is sufficient but generally it is suggested that it must be sent through the registered post....for the reason that sometimes courts would believe that courier services can be manipulated.

always try to send the notice through registered post and simultaneosly through UPC....moreover these days the Speed Post is also a good mode of quick delivery.

otherwise nothing illegal in sending the notice through courier.

Sachin Bhatia (Expert) 28 December 2008
No there is no such rule regarding the sending procedure of a legal notice. The Burden of proof is on the sender to show the sevice of a legal notice in the court of law. Normally Advocates prefer it to send through registerd post, it become eassy for them to show the service of notice with the help of postal receipt n ACKNOWLEDGEMENT.

J K Agrawal (Expert) 28 December 2008
Endorsements on postal article by post man about delivery or refusal is his official conduct and there is presumption that work done in pursuance of official duty is done in good faith and is correct. No such presumption is available in case of courier service.

Guest (Expert) 29 December 2008
As Agarwal Sir says, you donot get the comfort of presumption as in the case of Government Post.

tamilarasibabu (Expert) 30 December 2008
According to the recent amendents in the Civil Procedure Code, the Notice can be through speed post, courier. even in certain circumstances, notice sent through E-mail communications are also admissible. whatever be the mode of communication, the proof of delivery is must which is mandatory document.

regards
Mrs.Tamilarasi Babu
Advocate

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