(Guest)

Remedy---Envelope Empty or Not

A question was raised by Madhu Ji that even after receiving a genuine legal mail,the receiver can challenge easily that the mail was a faulty one. As it is not an open mail,it is enveloped,contents are not known to anyone before opening it up,the receiver can claim that he gave receiving to the envelope, not to the contents,contents were plain papers,news papers etc.etc.

Here are her two links--

https://www.lawyersclubindia.com/forum/Re-Envelop-empty-or-not-23743.asp?1=1&offset=1

https://www.lawyersclubindia.com/forum/Envelop-empty-or-not-23740.asp

I have given the remedies 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.

Please contribute.

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9 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 12 September 2010

Yoru suggestions are totally impracticable in the present time.

(Guest)

raj kumar ji,even the thought of a new invention seems impractical to most of the people.

Shiva Kant Dixit (Advicate) 12 September 2010

Dear Tusharcosmic,

Being practicenor advoacte, what i learnt to avoid the situation "envelope without Notice" you should sent notice not in the envelope but on Inland Letter Card or Fold typed Notice paper in such a manner that it took shape of envelop past and send with speed post. But don't forgot to photocopy them after sticking postal stamps. By doing that argument of opposite party envelope without notice will not sustaint in the court of law.

(Guest)

Shiva Ji ,it is not a question of sending legal notices only,it is question of sending legal mails consisting more than one page,say a legal mail consisiting 30 pages,what is the remedy there.?

(Guest)

Shivaji ,nevertheless your method of sending notices is noteworthy,Bravo!

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 12 September 2010

Dixist sir, you said and Mr tushar with super sonic speed appreciated you.

But please just think over , you know it is inland letter. Once it is sent it is in the hands of the reciever. How you will prove that it is sent and it was containing notice.

Mr Tushar the evidence act was framed by British in 1872 and still no alternative.

If you are really enterprising inventor please read the whole act and not one or two modify the whole act and please thereafter give suggestions for change.

People abuse me openly and like Tushar deffer due to contrarory view but still none of them have practical answers.

THIS SITE IS FOR EXCHANGE OF DEFFERENT VIEWS ,PLEASE TAKE IT IN THAT SPIRIT.

(Guest)

Shashi Ji,U missed the point,one can dispute the contents in the envelope but can not dispute the receipt of the envelope itself,this is the idea given by Mr.Dixit,s.

So not all the times, but sometimes, his idea can be used, as I have already indicated.

Hope this time U won't miss the point.

Having opposite ideas does mean that I do not respect you.

So,accept my regards.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 13 September 2010

In court of law you have to prove evidence beyond doubt and do not forget that there is advocate for other side to demolish your story.

Keeping these facts in mind please continue your research.

Good luck.

(Guest)

Shashi Ji,In the court of law,do not forget that there are lawyers on either sides to demolish stories of each other,and of course ,

And

it is said that courts give decisions in favour of the litigants who succeed in proving their evidence beyond any doubt, but many a times both sided evidence show some doubt and in such cases (and such cases are very many) court give decision in the favour of a litigant whose evidence is less doubtful.