Summons served by Reg A D.
SHYAMSUNDAR
(Querist) 03 July 2009
This query is : Resolved
Dear Members,
Summons of complaint filed under Sec.138 is received as refused when served through RPAD.
Neither CrPC nor N I Act contemplates service of summons through RPAD.
what shall be the Legality and Consequence of such service.
Any case laws.
Thanks in advance.
adv. rajeev ( rajoo )
(Expert) 03 July 2009
It is valid service. some times court insists the complainant to issue summons to the accused thru., RPAd. Court will send the RPAD summons to the accused, just we have to pay the RPAD Charges and process fee. It is valid service.
A V Vishal
(Expert) 03 July 2009
Dear Shyamsundar,
The S.27 of the General Clauses Act defines:
27. Meaning of service by post.- Where any (Central Act) or Regulation made after the commencement of this Act authorizes of requires any document to be served by post, where the expression "serve" or either of the expressions "give" or "send" or any other expression in 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.
Hence the RPAD is a proper service and there is no problem.
PARTHA P BORBORA
(Expert) 03 July 2009
i agree with the opinion of the ld experts.
SANJAY DIXIT
(Expert) 03 July 2009
I do agree with the views made by Mr Rajeev.
PALNITKAR V.V.
(Expert) 03 July 2009
When there is no provision in the substantive or procedural law, then one has to take shelter of General clauses Act. As such Mr. Vishal is right.
RAJENDRAN K.M. 09443050520
(Expert) 03 July 2009
some times court has ordered to sent private notice to accused,complainant counsel sent it through by post.
