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Hiren (Student)     02 June 2009

Validity of Under Certificate of Posting

 

Dear All,
Please advise me on the following query.
Facts are as follows:
If a person say “Mr. A” sends some documents by UCP - Under Certificate of Posting to another person say “Mr. B” and the same are not received by “Mr. B.”           (there is no express agreement between the parties about the service of notice etc…).
My query is whether sending notice / documents etc… by UCP is legally binding and enforceable or not.


Learning

 11 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     02 June 2009

"Hiren" :

Service by post (UCP) is "legally binding and enforceable"  u/s 27 of the General Clauses Act.

Where it is received or not, won't be the "legal hitch",  BUT if the address can be proved wrong, then the service by UCP is "null and void".

Keep Smiling .... HemantAgarwal (9820174108)

 

 

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     02 June 2009

Hemant is right I agree with him.

1 Like

Hiren (Student)     03 June 2009

Thanks for your reply

Swami Sadashiva Brahmendra Sar (Nil)     05 June 2009

UCP is only proof of despach . it does not proves delivery.  it is a wek evidence. The supreme court has doubted its authenticity.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     09 June 2009

Adv.Tripathi,

You said  "Service by UPC is "week" evidence and the supreme court has doubted its authenticity".

I request you to provide appropriate citation of SC, on above, for my reference.

Keep Smiling .... HemantAgarwal

 

Swami Sadashiva Brahmendra Sar (Nil)     09 June 2009

Dear agrawal ji,

I will post exact citation as soon as i search and find it.

ASHUTOSH (lawyer)     09 June 2009

yes untill an unless opposite party not proff in court regarding the validy of the service

Ashutosh(Adv) Delhi High Court

Shree. ( Advocate.)     09 June 2009

Dear All,

The Supreme Court has stated in the judgment, State of Maharashtra vs. Rashid that a certificate of posting is not a proof of sending the letter. Only a communication sent by registered post is recognized as valid evidence. The court said, “When a letter is sent by registered post, a receipt with serial number is issued and a record is maintained by the post office. But when a mere certificate of posting is sought, no record is maintained. The ease with which such certificates can be procured by affixing antedated seal with the connivance of any employee of the post office is a matter of concern. The Department of Posts may have to evolve some procedure whereby a record in regard to the issuance of certificates is regularly maintained showing a serial number, date, sender’s name and addressee’s name to avoid misuse.”

Swami Sadashiva Brahmendra Sar (Nil)     09 June 2009

Thanks shree ! pls give citation also if you have no inconvenience.

Abhishek (Advocate)     10 June 2009

There are many precedents which says that the Post done through UCP shall be treated as deemed to be served. Therefore it has a legal binding. 

triyambak patil (advocate)     09 March 2011

I dont have the citation but few details of the case:

 


Attached File : 56 56 state of maharashtra vs rashid b mulani on 4 january 2006 1 .pdf downloaded: 212 times

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