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Ashish Bansal (service)     23 March 2008

Notice Send on Business Agreement Address

My counsel send a notice under NI Act to an address of accused mentioned in business agreement. He receives the notice but under fictitious sign or a sign which i am not aware of. Now in court he is referring  to a "landmark" which was not mentioned in Business Agreement and claiming that he never receive the notice. He currently resides at the Very same address mentioned in Business Agreement {with landmark or without landmark mentioned). Does he stand any escape? Does the notice send by my consel becomes invalid?

Warm Regards,


 6 Replies

sreekumar (lawyer)     24 March 2008

No , the notice send by you will not become invalid just because the accused reciveved the notice with a forged signature.You can summon the post man who delivered the notice to the accused and examine him before the Court and prove that the accused recieved the notice.Here the notice is not returned but was accepted

Ashish Bansal (service)     26 March 2008

Thanks Sree for the pain and effort you make to read and reply to my thread. I also read that the onus to prove that the accusd receive the notice lies on the complaintant, but once the "notice by post" reaches post office, how far i am responsible for it as i dont have control over the working of post office? What if the postman who delivers the notice 2 years back would have been transferred or left? I have the acknowledged A.D. card of the accused with some signature i was talking of. Your words "Here the notice is not returned.." seems legally sound to me :-).

vijay (banking)     22 April 2008

i have been give cheques of 50,000*2 which bounced.what legal help can i gain to get my amount.anyone to fight my case.

m. d. shaikh (advocate)     21 May 2008

it is valid notice. you trust your advocate he will properly conduct you case

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     26 May 2008

Dear All, Despatch of letter by UPC, under proper postal acknowledgement IS conclusive and inrefutable documentary evidence, in the eyes of the law & is also pari passu with a Regd.Letter... The Postal Dept. in itself is a quasi-judicial authority and postal acknowledgement of counter receipt of UPC letter, IS sufficient proof / documentary evidence. There is no actual delivery proof required, in the eyes of law, irrespective of the fact whether the UPC was actually delivered or not. You would only have to prove that the Postal Address is proper, correct and genuine on the date of UPC letter despatch, which you can presumably prove (or create sequential evidence ) if you have any old communications of the Company .OR. by subsequently sending a dummy fresh letter by registered post at the same address and obtaining achknowledgment of current date. TO help you with appropriate legal act & section : Herewith is produced section 27 of the "General Clause Act-1897", which is quite explainatory in itself. 27. Meaning of service by post Where any 13[Central Act] or Regulation made after the commencement of this Act authorises or requires any document to be served by post, where the expression "serve" or either of the expressions "give" or "send" or any other expression is used, then, unless a different intention appears, the service shall be deemed to be effected by properly addressing, pre-paying and posting by registered post, a letter containing the document, and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post. Keep Smiling ... Hemant Agarwal

Ashish Bansal (service)     02 August 2008

Dear ALL Valued members,

Thanx for valuable feedback. The good news is that the second party is declared convicted (after 28 months) and is given one month time to pay the principal and the penalty before he decide to go for Appeal. My lawyer says that he has to pay first before he decide to go for Appeal. Is it True?

Warm Regards,


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