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madhu mittal (director)     05 September 2010

Envelop empty or not

Envelop empty or not 

one sends notice to another in an Envelop actually putting notice in it, but other side giving reply that he got empty envelop(for just buying the time or whatever may be reason). My First question is what to do in this matter, one simple answer may be "send another copy" but I want to know if there is any other answers.  My second and most important question is what should a person sending notice do at the time of sending notice, so that after getting notice, if one denies, it can be proved that notice was sent in envelop and it is not an empty envelop, in another words how can it be proved that notice is actually sent  and it is not an empty envelop, what to do at the time of sending notice so that even if after getting notice, it is replied that envelop in an empty one, it can be proved that it is not empty one .



Learning

 7 Replies

Adv Archana Deshmukh (Practicing Advocate)     05 September 2010

In such a situation you can do only one thing that reply that said reply immediately stating the correct facts. If the other party is delibrately raising false alarm that an empty envolop is received then, you should make the facts clear as early as possible. One more thing can be done in such cases that the notice can be send by stepling the four corners directly and pasting stamps on it directly without putting it in an envolop. 

P.K.Haridasan (Advocate)     05 September 2010

Advocates will not sent their notice usually in envelopes. Paper after writing folded like a Inland letter and addressed  and stamped on it

 

 

V. VASUDEVAN (LEGAL COUNSEL)     06 September 2010

Please follow the advice of Adv.Archana. Additionally the abstract of the notice may be issued by ordinary telegram.


(Guest)

Archana Ji,suppose U send me legal docs consisting 15 papers,stapled all the four corners as suggested by U,then also I can object in the court that all the four corners were stapled and the matter of the first page was only  visible and the other pages had the matter, but that was nothing relevant to my case or myself,presenting some false papers(typed duly).

Adv Archana Deshmukh (Practicing Advocate)     07 September 2010

Now there will be no end to such kind of imaginations which is a futile exercise. If any such thing does happen than it can be faced as per the need of the situation at that time. Merely because you take objection does not mean that the court'll believe you. Merely challanging a document before the court and substanting the story are 2 different things. Try to tackle the situation in the best possible way, thats all.


(Guest)

Archana ji,how the court can accept your logic(if challenged) that if you have sent a mail stapled all the four corners,it was a genuine mail claimed as by you.

What is illogical can never be legal,if fought well.

Please understand,I raised the question not to offend u or any one else,but to find some logical conclusion of this issue.

 



Here are  solutions to this issue from my side.




First----All the legal mails,not only legal mails but other official mails too,should have the option of being sent as we can send RTI applications through post offices.We can get receiving from post office duly stamped, on  each and paper sent like this.




Now ,when post office forwards our RTI letters to the concerned Authority ,it sends a confirmation to us also.Here post office is completely responsible for handing over the dispatch to whom it is meant for receiving.




Second---The Courts should abolish the system of sending and receiving notices or other legal mails directly,all the legal mails be submitted with courts,courts should give receiving to the sender on each and every page of such mails,The Courts should send these mails to the persons, who are supposed to receive them and take proper signs and thumb impressions from the receiver of that mail.For this whole exercise,courts may have to appoint new staff,but salaries can be paid to this new staff,if courts start taking some nominal fee for this service.This whole exercise may seem somewhat unpractical to many of my friends now,but initially everything seems not practical.






Meanwhile we can go to the post offices,shoot the whole exercise of putting each and every paper of legal mail in an envelope,sealing it,writing addresses of sender and receiver,handing over it to the post office staff,getting a receiving and coming out of the post office,that is it.High resolution of cameras are best for all this,but if post office may object,then use spy cameras.


I have initiated a thread on this issue--here is the link.

https://www.lawyersclubindia.com/forum/Novel-ways-to-send-legal-Mails-23861.asp

U can see and contribute there also.

Regards.

Arun Shankar (Director)     16 September 2010

Instead of just stapling the corners, make your 15 (or 100) paged document to a paperbook, fold it along centre, write address on the back page, register the post and sent. And dear tushar, please don't ask me, what will happen if the postman ate it half way!!!!


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