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madhu mittal (director)     05 September 2010

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

 20 Replies


(Guest)

Madhu Ji,similar issue I raised on Yahoo answers----

A legal point never raised before?

My friend “A” was sent an Acknowledgment Letter by an advocate on First of April. When he opened it up, there were some old news papers folded in it. He totally ignored it as a mischief of some friend.

But to his surprise and dismay, he got a summon from a court after some time and an advocate claimed that he had served a legal notice to my friend and he showed an acknowledgment of the receiving of the same signed by my friend in the court. 

My friend stated that he never received a legal notice, he received a letter from an advocate but it was full old news papers which he ignored just because it was first of April and he just thought that it was a trick to befool him tried by some friend. But court did not listen to his logic. The court said that if someone receives an A.D. letter from an advocate, it is his duty to respond to that advocate and as he has not responded and did not take any action so it is considered that he has been served that legal notice. Due to this trick my friend faced a lot of problem in that case. 

My question is ---Was the role of the court OK? And what is the possible way out to avoid such tricks if used by some advocate or some over clever mischievous person?

Here is the weblink-------


https://in.answers.yahoo.com/question/index;_ylt=Aj1YEuKk90GTRpfYlOAWnd.RHQx.;_ylv=3?qid=20090711065958AAnzQ6X

Devajyoti Barman (Advocate)     05 September 2010

When the adressee received a postal article and admits its receipt then the presumtion is it contained the material as sent by the sender and the onus of prof to the contrary is upon the adressee himself. So rest assured it is no big deal.

1 Like

shamina sayed (Advocate)     05 September 2010

any person cannot make statement that the envelope was empty ,when you send notice by reg.post.AD.weight of envelope is mentioned on receipt of postal receipt.this proof is more than sufficient.

1 Like

(Guest)

Shamina G,what if I send U plain papers in an envelope ?

1 Like

shamina sayed (Advocate)     06 September 2010

i have come across with such notorious minds.even if any one claims that he received plain papers i will ask him to produce those plain papers.when the postal department puts the stamp seal of postal department the impression of that mark is seen even on inner papers or plain papers too.so there is no escape.you can try this .open the packed unclaimed envelope and you will notice the evidence.

shamina sayed (Advocate)     06 September 2010

i agree with Devajyoti Barman.


(Guest)

Shamina G,suppose U sent me a legal mail consisting 25 pages,what if I claimed that first two /three papers were typed and all others were blank,showing even the post office stamp marks as indicated by you above U.

Adesh Kumar Sharma (Senior Associate Lawyer)     06 September 2010

Dear Friends,

You can go through this Judgment of Bombay High Court on this issue.

Thanks


Attached File : 4 4 blank documents in eenvelop.doc downloaded: 151 times

Alapati Prasad (Engineer-Business-Lawyer)     06 September 2010

Thanks Mr. Aadesh for your valuable references.  Thanks to Ad Shamina and Mr. Burman.


(Guest)

Alapati Ji,matter is not yet resolved,whatsoever the case law or logic given by learned friends here,I have challenged with counter logic.

Please none be offended,mine attempt is just to find out a logical conclusion of this issue,which is yet not found out.

madhu mittal (director)     07 September 2010

I agree with tusharji, that there is not yet logically and full proof suggestion or ruling.

Adesh Kumar Sharma (Senior Associate Lawyer)     07 September 2010

Well dear frnds, this issued cant go to its logical end on this discussion forum, as it is a matter of fact. So the agreeved party need to prove it during trial in cross examination. you hv no alternate other than this. Because the disputed fact can be proved only during trial as to what party is telling a lie.

Thanks

R.Ramachandran (Advocate)     07 September 2010

When a registered A.D. post is received one would be knowing as to from whom the post has been received.  If one really found that they did not receive any document worthwhile but only blank paper(s), then one is expected to write back as to the contents (blank papers) of the envelope and enquire about why such blank papers were sent or whether by mistake the blank papers have been enclosed instead of any other documents?  In the absence of any such reaction expected of a prudent person, the version of the sender of the document will get due credence.


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