MODE OF COMMUNICATION.
Swaroop
(Querist) 27 December 2008
This query is : Resolved
IS IT A HARD AND FAST RULE THAT A NOTICE,
A ORDINARY OR A LEGAL NOTICE SHOULD BE SENT ONLY THROUGH A REGISTERED POST OR CAN ONE SEND IT THROUGH A COURIER AND KEEP THE (POD)PROOF OF DELIVERY AS THE PRROF.KINDLY CONFIRM.
REGARDS
SWAROOP
Kiran Kumar
(Expert) 27 December 2008
dear Swaroop,
sending notice through courier is sufficient but generally it is suggested that it must be sent through the registered post....for the reason that sometimes courts would believe that courier services can be manipulated.
always try to send the notice through registered post and simultaneosly through UPC....moreover these days the Speed Post is also a good mode of quick delivery.
otherwise nothing illegal in sending the notice through courier.
Prof. Dr. Amaresh Kumar
(Expert) 28 December 2008
Dear Swaroop,
Sending a legal notice by a private courier services are not accepted by the court as a normal practice. Because there are possibilities of manipulation.You shall send the notice through Speed Post with PUD and simultaneously send another copy through Postal Under Certificate.Keep the original receipts with you for record to be submitted in the court.
Where as for more detail see the CPC.
Prof. AMARESH KUMAR
Academic Lawyer
Supreme Court
Sachin Bhatia
(Expert) 28 December 2008
No there is no such rule regarding the sending procedure of a legal notice. The Burden of proof is on the sender to show the sevice of a legal notice in the court of law. Normally Advocates prefer it to send through registerd post, it become eassy for them to show the service of notice with the help of postal receipt n ACKNOWLEDGEMENT.
Sending notice through courier is sufficiet aslong as u have the delivery receipt.
RAKHI BUDHIRAJA ADVOCATE
(Expert) 29 December 2008
I do agree with my Ld. Friends.Sending a legal notice by a private courier services are not accepted by the court as a normal practice. Because there are possibilities of manipulation.You shall send the notice through Speed Post with PUD and simultaneously send another copy through Postal Under Certificate.Keep the original receipts with you for record to be submitted in the court.
