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Ajinkya Lad   13 September 2024

138 demand notice is unserved, service on whatspp

Hi everyone,
In one of my cases, the 138 demand notice is not served due to insufficient address. however in demand notice I've added a clause that "if this notice is not served through the RPAD my client holds the right to send this through WhatsApp".

And now I've sent it on WhatsApp and the msg/pdf of demand notice is seen.

can we consider this as a valid service?


Learning

 3 Replies

Advocate Bhartesh goyal (advocate)     13 September 2024

Nowadays WhatsApp  and Email  services are considered valid services subject to compliance of sec 65 ( b ) of Evidence Act.

P. Venu (Advocate)     13 September 2024

Yes, it is a valid service.

T. Kalaiselvan, Advocate (Advocate)     13 September 2024

If you see the blue tick in the whatsapp media, then you can take the screen shot and attach the same as document to prove the service of legal notice in the complaint case, it is acceptable. 


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