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VIJAY   18 March 2020

Hc notice not served

Hi Experts, The High of Karnataka ordered NOTICE to the opposite party who is in TN. The Notice was sent in last week of January but till now there is no update whatsoever on what happened to that notice. We have no idea whether it got served or not and it has not returned as well. The HC staff are also saying we should have got some update by now at least returned if not served but nothing has happened. My respected lawyer said that it'll be served through the local SP office of the opposite party. Is this correct? It's been close to two months now and we have no idea. Could you please let me know how to track this notice and see what has happened to the notice and where it has got stuck? Are the local police playing hide and seek due to some kind of understanding with the opposite party? I have emailed the local SP office, the HC registrar of that state but there is no response. Please let me know whom I should contact in that state and get the notice served to the party. Thanks


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 8 Replies

Real Soul.... (LEGAL)     18 March 2020

What is the case ?

Who dipatched the notice and how ?

Your query is without requiered details.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     18 March 2020

The I-T Act recognises electronic communication as proof in court. ... Legal notice or messages sent through WhatsApp messaging app are valid legal evidence under law, and the blue tick over the messaging app is a valid proof that the respondent has accepted the physical copies of the communication, said Bombay High Court.

VIJAY   18 March 2020

Sir, It is my case in HC.

As per our lawyer, the HC has sent the physical NOTICE.

As a client, I don't know the working mechanism of how HC sends a notice to the party. I believe it'll be to HC Court in that state and then local police to the opposite party. (Please correct me)

Will there be some ID number or tracking for the notice so that I can have it checked in the Court or Local police station at the opposite party's place.

I mean this is ridiculous and carelessness of high order that a HC notice goes missing without any kind of tracks or hints and not returned as well.

 

 

Real Soul.... (LEGAL)     18 March 2020

Dear  the notice is ssued only upon the directions of court, your lawyer can best reply you what were the orders passed and how the mode of service was sepecifiedif any.

Or simply just approach to rergistry of High COurt and check with them .The record is there well noted on the court file about the registry proceeedings even.

Just tell you lawyer to acccompany you to registry . Or amke a frsh notice to be issued .

Dr J C Vashista (Advocate)     19 March 2020

It is advisable to have faith in your lawyer whom you have engaged/ paid.

Do not adventure to expect miracle from experts on this platform, which is bound to differ, although it is available FREE OF COST on the basis of limited facts posted by you.

If you are keen to have second opinion it is better to consult  another local prudent lawyer for appreciation of facts/ documents, professional guidance and necessary proceeding.

T. Kalaiselvan, Advocate (Advocate)     25 March 2020

First of all ascertain the details of the notice sent to the opposite party from high court, i.e., the mode, whether by registered post or through court etc.

If it was sent by registered post you can have the RL No. and can track the delivery details through internet itself.

The high court notice will not be sent to police for service, it will be sent to the opposite party directly, hence you better clarify the details from your advocate instead of wasting your time by sending emails to police or high court, Madras etc., it would be a waste of time and energy.

If your lawyer is not responding properly or not cooperating then you can even think of changing the lawyer  because you cannot pay for the misguidance of your lawyer to you. 

Shashi Dhara   26 March 2020

Y you worry about it when notice is served your lawyer will inform you ,2months is not too long ,I think you r new to court,so your heart is beating with excite getting of speedy justice.i have seen unserved notices to respondents ,defenders,jdrs,eyes for more then 2yrs they are finally served thru affixture ,,paper ,publication et etc

Shashi Dhara   26 March 2020

Eyes is typing error sorry.

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