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Telegram service

Querist : Anonymous (Querist) 16 December 2011 This query is : Resolved 
One telegram was sent to an addressee two and half year ago. The sender has only the “Certified true copy of the sent telegram”. Recently when the information was sought about its delivery report from CPIO, he replied that information regarding delivery (i.e. acknowledgement of receipt of the addressee etc.) report is not available because as per rule all records are to be destroyed after one year.

My query:-

1. In the court of law, as per Indian Evidence Act, whether the “certified true copy of the sent telegram” will be treated as the telegram served to the addressee (the section 88 of Indian Evidence Act deals with telegram; learned Advocate/Counsel may please refer.)

regards!
Guest (Expert) 16 December 2011
Certified by whom?
Querist : Anonymous (Querist) 16 December 2011
By the telegram office who sent the telegram.I received the certified copy on payment of the amt.
Querist : Anonymous (Querist) 16 December 2011
P.S.: ... they charged.
Guest (Expert) 16 December 2011
Yes, certified copy by the telegraph authority would be valid in your case. You may also have to attach the receipt granted by the authorities for the fee charged for supply of certified copy.
Raj Kumar Makkad (Expert) 16 December 2011
I do agree with Dhingra G.
Querist : Anonymous (Querist) 16 December 2011
Thanks a lot Dhingra sir!
Advocate. Arunagiri (Expert) 16 December 2011
Certified true copy of the telegrame is a proof for "sent" only.

But, the same telegraph office will give a delivery report, that is treated as "proof service".
Querist : Anonymous (Querist) 17 December 2011
@ Arunagiri

Recently when the information was sought about its delivery report from CPIO, he replied that information regarding delivery (i.e. acknowledgement of receipt of the addressee etc.) report is not available because as per rule all records are to be destroyed after one year.

Then what to do?
Advocate. Arunagiri (Expert) 17 December 2011
You are helpless.
Guest (Expert) 17 December 2011
Arunagiri ji,

Delivery report is given only by the delivery office, not by the sending office. The same (originating) telegraph office can provide only the copy of telegram produced by the sender at that office and transmitted, just like a proof of certificate of posting.
Advocate. Arunagiri (Expert) 17 December 2011
Mr.Dhingra,

The booking office will have the delivery record. So, the booking office will give the delivery details.

For sending the telegram, they will issue receipt and will also put seal on the telegram message.

I myself had obtained the same. We have to give a letter, in the booking office, they will give send a reply. This is the procedure being followed in the Post office also, you can get the delivery details of Registered Post, from the booking office.

There is no service charge for the same.
Guest (Expert) 17 December 2011
@ Mr. Arunagiri,

As per my information, the sender can apply in the originating office, but information is collected only on requisition from the delivery office, as no information is sent for delivery of messages to the originating office. The same thing applies to the registered postal articles. The sender has to apply showing booking receipt on which the postal department forwards his application to the delivery office and the information received so is provided only after receipt back from the delivery office.
Shonee Kapoor (Expert) 17 December 2011
I also agree with Mr. Dhingra.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
Querist : Anonymous (Querist) 18 December 2011
My query is only that – “whether by this piece of evidence, the court will come at the conclusion that the husband efforts was bona fide to bring his wife back but wife refused to join him on his request, therefore she is not liable to get any form of maintenance from him”.
Advocate. Arunagiri (Expert) 18 December 2011
NO. NO. NO.


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