whether a lawyer can send legal notice via email instead of speed post?
NATARAJAN IYER (Proprietor) 21 September 2015
Technically speaking, the answer is YES.
A BIG YES.
Provided he mentions his BAR COUNCIL ENROLLMENT NUMBER.
Say for instance, within Karnataka, the format of an enrollment number would be
KAR / < ENROLLMENT NUMBER > / < YEAR OF ENROLLMENT >
This is to enable you to confirm with the Bar records, easily available, if he is indeed an advocate.
When he sends it by regular post, it would be on his letter-head, although in purely technical terms, he has to mention his enrollment number in any and/ or every communication that leaves his desk with his stamp of an advocate.
It is purely professional and 100% technical.
But, having said this, there are judges who insist on the CONVENTIONAL METHOD of sending by RPAD ( Registered Post Acknowledgement Due ) or even Ordinary Post or Speed Post Acknowledgement Due ( SPAD ).
Due to the possibilities of various tricks using technology and also owing to the fact that the literacy rate in technology within the judiciary, including the judicial segment ( advocates ) is at a dismal rate of less then ten percent, and the literacy rate in technology within India at anywhere less than one percent to less than ten percent, with every indian citizen not yet on an e-mail ID and it's know-how, a notice is treated as valid piece of evidence of notice, when the conventional method of posting is followed.
So, Procedural Law, owing to it's own flaw and ground-reality of illiteracy, gives the answer to your question as a NO.
But if you insist and do not mind rubbing the ego of the judge and get the registrar-general into the matter, the judge has to accept the copy of the e-mail that was the modus of serving of notice, since electronic evidence act validates e-mail as thoroughly valid.
So, in PRACTICAL TERMS OF REALITY OF LIFE ON THE FIELD, the answer to your question is a YES or a NO, depending on the state, the court and mainly the judge.
But Technically, legally, the answer is YES.
slakshmanrao (accounts officer) 22 September 2015
The communication can still be in the form of !!! Call letter!!! addressed to the correct and concerned gmail.This procedure applies exclusively for Central Administrative Tribunal Cases, which deals with the service matters all round.
In India delay in justice starts from day suit is filed. The criminals and corrupt respondents manage to avoid summons for months and our lax judiciary takes it easy. So, law should be made that court can send summons through sms message by court held mobile number 2 times, send email or send by registered India Post service, besides usual court sent courier.Summon can be served anywhere in court premises if respondent is seen there.Itshould be given to respondents lawyer. Good lawyers and judges should sit together and make a process sheet from beggining to end and see where delays take place and why, and then make laws to plug the gaps. Courts should stop pampering advocates and litigants and enforce court procedure strictly.One advocate told National consumer commission that filing was delayed because there was renovation going on in his office. Imagine? The state bar council disciplinary committee should have independent body having 2 senior lawyers, one retired judge of trial/high court level and 3 eminent citizens to examine complaints against lawyers in 30 days period and mete out sever punishment for misconduct. Make it mandatory to file contractnote copy along with suit papers in court. All advocates should pass every 3 year a trade test and their performance in terms of no of adjournaments saught, average time taken for a case and extreme range, and no of cases won in total cases decidedand after every 3 years review lowest 10% advocates be dropped from Bar. Nosociety cana nd shoiuld issue permanent licence to any one and performance review is must for periodical renewal.The fees should also be regulated.Those who sit on judgment of others like judges and those who assist courts as officers must show highest standards of private and public ethics and good conduct afterteachers, as they are role models and a platform for fast, fair & cheap justice.If our judiciary and bar are great, people will be also cautious and conduct legally in society. See how system works in USA and most western coutnries except for UK ( Hamara bada bhai)
SUNIL kumar (5000) 25 September 2015
normally yes but it not accepted in judiciary till now so wait in the coming years it can be acceoted as source of serving summons. as modi says acchhee din aayange.......
slakshmanrao (accounts officer) 25 September 2015
The procedure laid down for Central Administrative Tribunal, has a stipulation that the available channel should be exhausted before resorting to legal route.As far as pension field is concerned,The decision of the Pension Aadalat Cell may satisfy the Pensioners.This view is because the families all round has to be given the due merit, which is in the format of !!! Family Pension!!! email@example.com...!!! Call Letter Format!!! may reduce the problems to the possible extent,while approaching for the remedy.
Dhayalan 9894551170 (advocate) 02 November 2015
Yes can. IE act accepting the electronic evidence but proving the reciept of notice is very very questionable.
sharmila 01 February 2016
THE PROBLEM IN SENDIG EMAIL IS WHETHER THE PERSON TO WHOM U SEND A NOTICE VIA EMAIL OPENS IT READS IT . HE WILL SAY I HAVE NOT READ THE NOTICE. IN LAW WE TAKE ACKNOWLEDGEMENT WHICH IS PROOF THAT HE HAS RECEIVED AND READ THE NOTICE. AN EMAIL LACKS THAT PROOF
princess 04 October 2017
If the defendant is avoiding accepting my court document, what are the alternatives to serve him/her. Newspaper publication is costly. I need to serve my TP documents on two people. 1 in mumbai and the 2nd in UP. Please help. Thanks