Service of summons
bhavin
(Querist) 24 November 2011
This query is : Resolved
Respected Seniors and friends ,
i have filed a maintenance application but the opponent is residing at sudan.Does criminal procedure code permits to send summons through e-mail as registered post returned twice.
Devajyoti Barman
(Expert) 24 November 2011
No, service through e-mail is not recognised as yet in India.
Raj Kumar Makkad
(Expert) 25 November 2011
Service through e-mail is now well recognised but the service is required to be made by courts wherein there is no such infrastructure so depsite of provision there is no practical implementation.
Devajyoti Barman
(Expert) 25 November 2011
Dear Mr Makkad are you talking about any provision for any particular State like yours as in WB there is no such recognition.
Shonee Kapoor
(Expert) 25 November 2011
Even in Haryana it is not a mode.
It is not allowed in India.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 25 November 2011
I am sorry that legal experts like Barman and Kapoor are still unaware about the latest law on this aspect.
In a recent order passed by the Supreme Court, keeping in view the delay in service of notice to the respondents to effectuate their appearance before the Court, the Chief Justice of India has directed that "on addition to normal mode of service, service of Notice(s) may be effected by E-Mail for which the advocate(s) on-record will, at the time of filing of petition/appeal, furnish to the filing counter a soft copy of the entire petition/appeal in PDF format"
The Order, passed in the matter of Central Electricity Regulatory Commission v. National Hydroelectric Power Corporation Ltd. was passed by the Chief Justice notes that "in various Courts, the statistical data indicates that, on account of delay in process serving, arrears keep on mounting. In Delhi itself, the input indicates that fifty per cent of the arrears in Courts particularly in commercial cases is on account of delay in process serving.". In this view he laid down the following guidelines in this regard;
[i] In addition to normal mode of service, service of Notice(s) may be effected by E-Mail for which the advocate(s) on-record will, at the time of filing of petition/appeal, furnish to the filing counter a soft copy of the entire petition/appeal in PDF format;
[ii] The advocate(s) on-record shall also simultaneously submit E-Mail addresses of the respondent(s) Companies/Corporation(s) to the filing counter of the Registry. This will be in addition to the hard copy of the petition/appeal;
[iii] If the Court issues notice, then, in that event alone, the Registry will send such an additional notice at the E-Mail addresses of the respondent(s) Companies/Corporation(s) via E-Mail;
[iv] The Registry will also send Notice at the E-Mail address of the advocate(s) for respondent(s) Companies/Corporation(s), who have filed caveat. Advocate(s) on-record filing caveat shall provide his/her E-Mail address for effecting service; and
[v] Within two weeks from today, Cabinet Secretariat shall also provide centralized E-Mail addresses of various Ministries/Departments/ Regulatory Authorities along with the names of the Nodal Officers, if already appointed, for the purposes of service.
The Order itself clarifies that this "facility is being extended in addition to the modes of service mentioned in the existing Supreme Court Rules. This facility, for the time being, is extended to commercial litigation and to those cases where the advocate(s) on-record seeks urgent interim reliefs."
prabhakar singh
(Expert) 26 November 2011
Yes!It is there but not for lower courts.
