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Notice under s.138 of ni act can be sent by fax

Notice under s.138 of NI ACT can be sent by fax

 
Facsimile (or Fax) is a way of sending hand-written or printed or typed materials as well as pictures by wire or radio. In the West such mode of transmission came to wide use even way back in the late 1930s. By 1954 International News Service began to use Facsimile quite extensively. Technological advancement like Facsimile, Internet, E-mail etc. were on swift progress even before the Bill for the Amendment Act was discussed by the Parliament. So when Parliament contemplated notice in writing to be given we cannot overlook the fact that Parliament was aware of modern devices and equipment already in vogue.
Francis Bennion in Statutory Interpretation has stressed the need to interpret a statute by giving allowances for any relevant changes that have occurred, since the Acts passing, in law, social conditions, technology, the meaning of words, and other matters


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 2 Replies

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     02 October 2012

But this citation is in favour of accused and now the bhadran case has also been overuled by DIVSION BENCH OF SC ON 26th Sep 2012.

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     09 October 2012

Evidence must prove, notice was served upon his Person.  

Complainant do not get accused sign.  So his defence of non receipt of Legal notice cannot be struck out. Accuse can Win. 


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