Email Legal notice
Suchitra. S
(Querist) 06 August 2011
This query is : Resolved
Respected experts, I want to know whether email legal notice is considered by courts in India. Please give your explanation with regard to case laws wherein email legal notice is accepted/rejected.
M/s. Y-not legal services
(Expert) 06 August 2011
No. Its can't be considered as a proper legal notice. You have to produce it with proof of delivery..
Advocate Rajkumarlaxman
(Expert) 06 August 2011
The e-mail legal notice is enforceable and binding on the recipient / addressee in terms of sections 11(1) to 11(3) of the Electronic Communications and Transactions (“ECT”) Act 25 of 2002. and under Information technology act 2005
The e-mail, links and any files included are confidential and intended solely for the attention and use of the individual or entity to which it is addressed. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited.
Please notify the sender immediately by e-mail if you have received this e-mail in error and permanently delete this e-mail and all its included files from your entire system immediately.
CSIR SAYS " WARNING: Computer viruses can be transmitted via e-mail and its included files. The recipient should check this e-mail and all included files for the presence of viruses. The CSIR accepts no liability for any damage caused by any virus transmitted by this e-mail and its included files. E-mail transmission cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The CSIR also does not accept any liability for e-mail messages sent to the addressee as a consequence of this e-mail message whether done so automatically or such requiring human intervention. The sender therefore does not accept liability for any errors or omissions in the contents of this message, which arise as a result of this e-mail transmission
Warning: Although the CSIR has taken reasonable precautions to ensure no viruses are present in this e-mail, the CSIR cannot accept responsibility for any loss or damage arising from the use of this e-mail or included files.
No employee or agent is authorized to conclude any binding agreement on behalf of the CSIR with another party by e-mail without express written confirmation by the relevant CSIR-recognised authority.
The CSIR or the sender of this e-mail message is under no circumstances liable to any party for any direct or indirect consequences through any actions taken based on any information provided herein.
An e-mail message shall be deemed to be received once a response is received by the sender of that e-mail message. An automatic reply shall not be deemed as a response to an e-mail message.
Any views or opinions presented in this e-mail message are solely those of the author and do not necessarily represent those of the CSIR. The CSIR will not accept any liability in respect of defamatory statements, infringement or authorization of any infringement of copyright or any legal right by e-mail communications. The employee responsible will be personally liable for any damages or other liability arising in respect of such communication.
The CSIR retains the copyright to all e-mail messages and included files sent from its communication systems.
Thus e-mail legal notice will at all times take precedence over any other e-mail legal notice or e-mail disclaimer received by the addressees through the communication systems.
As stated by our expert it has to prove its delivery may be through CISR or any other host which delivers the notice to the specified address of webpage
M/s. Y-not legal services
(Expert) 06 August 2011
Dear, laxman sir, legal notice through email is not possible to be practical. For example if i have to send genuine legal notice through email mean i will send to your mail id properly., but for formally i have to send it mean i can create any mail id in your name. Also i wil send notice to your mail id. Which was created by me. Now before law i sent legal notice to you. But are you knowledged about my legal notice through mail?
M/s. Y-not legal services
(Expert) 06 August 2011
For example now a day we people all are having and using mail id. But is there any mandatory to check their mail everyday? In case i sent notice through mail, but your mail id has barred or you not open my mail mean? My mail page will show that subject mail delivered to you.. But what are the problems practically?
jatin sharma
(Expert) 06 August 2011
yes, tom is right and i agree with him
DISHA D. SHAH
(Expert) 06 August 2011
so here, for matter of proof and legality, main thing is somewhere defects in law as well as need proper software or web application for effective email system
prabhakar singh
(Expert) 06 August 2011
A very valuable discussion has taken place between Expert Advocate Rajkumarlaxman and Expert Tom advocate.
while the former points out rightly that it would be law full to send a notice via email,the latter effectively points out the
HARDSHIPS that may emerge in the way while proving service there of on the recipient of such an email.
So better when it comes to NOTICE the conventional mode should not be said 'good by'at any rate of the matter.
