Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

sridevi (practice)     26 October 2009

Service of notice

I issued a legal notice to my daughter informing that a deed exeucted in her favour has been cancelled.  The notice was duly registered RPAD and sent to the correct address.  But the notice returned stating "Intimation Served" returned as UNCLAIMED.   what are the effects of such service

 



Learning

 6 Replies

Prakash Yedhula (Lawyer)     26 October 2009

UNDELIVERABLE MAIL

Mail not delivered for want of address, is re-directed to the sender if that address is there on the article. Otherwise, it is sent to the Returned Letter Office.

When mail is not deliverable as addressee is not known, or not found at the address, or had left without intimating new address, it is kept in deposit in the Post Office for seven days, and then returned to sender if the sender's address is available on the article; others will go the Returned Letter Office. If it was already a redirected article, it will not be so kept, but forwarded as above.

Mail not delivered, as addressee:

  1. refused,

  2. omitted to take delivery even after notice from the Post Office,

  3. left India without giving instruction to the Post Office,

  4. is dead and there is no proper claimant,

is forwarded to sender without detention, if sender's address is available; otherwise, to Returned Letter Office.

MAIL ADDRESSED TO DECEASED PERSON

Ordinary mail, and registered article not having contents of intrinsic value, addressed to a deceased person, are ordinarily delivered to a near relative if there is no dispute. In all other cases, application for the article will be decided by the Postmaster-General.

FINAL DISPOSAL OF MAIL

In the Returned Letter Office, efforts are made to locate the correct address of the addressee, and if located, mail is forwarded to the addressee.

When the address of the addressee cannot be located, efforts are made to locate the address of the sender by opening  the letter.  If located, mail is returned to sender.

Mail which cannot be delivered either to the addressee or to the sender is disposed of, after detention for the prescribed period.

 

1 Like

Sanjeev Kuchhal (Publishers)     26 October 2009

As the notice was addressed on the correct address and the postal endorsement shows that party was intimated and it was thereafter returned with endorsement "unclaimed".  Presumption u/s 27 of General Clauses Act is available and the noticeis presumed to have been served.I is for the other party to rebut the presumption by leading evidence. Mere word that notice was not received is insufficient to rebut the said presumption.

1 Like

Anil Agrawal (Retired)     26 October 2009

 I think the Apex Court has also held that serving the notice by RPAD to the last known address is sufficient proof that it has been served - returned, unclaimed, house locked etc. having no value.

Vardhaman Magdum (ADVOCATE)     16 July 2011

 

Any  authority of hon’ble high court or hon’ble S.C on Notice by R.P.A.D. ? if available , please give. Thanking you, 

Anil Agrawal (Retired)     16 July 2011

Dalmia Cement (Bharat) Ltd vs M/S.Galaxy Trades & Agencies Ltd. ... on 19 January, 2001

1 Like

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     16 July 2011

This is not final law even of SC. You have to substantiate it by other evidence that the address you put on the letter was the correct last address known to you. You may send a regd AP letter to PORT BLAIR and can claim under the general clauses act that it is sent so presumed to be delevered.  NOT SO.

IF YOU REFER ANY CASE LAW PLEASE ALSO GO THROUGH ALL SUBSQUEST CASE LAWS IN THE MATTER.

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register