Notice through email
Querist :
Anonymous
(Querist) 06 June 2011
This query is : Resolved
Can lawyer notice be sent through email in property settlement issues?
R.R. KRISHNAA
(Expert) 06 June 2011
Yes, with the permission of the court notice by email can be sent.
Raj Kumar Makkad
(Expert) 07 June 2011
No permission is required Krishnaa. Notice is from the office of lawyer and not from court. Even notice sent by court by way of e-mail is valid.
Querist :
Anonymous
(Querist) 07 June 2011
Is notice through email valid only for commercial cases. The supreme court in a judgement in 2010 said that it can be done in commercial cases. I would like to know if it is applicable in property cases?
prabhakar singh
(Expert) 07 June 2011
THE SUPREME COURT INTENDED TO BEGIN WITH COMMERCIAL ACTIVITIES,HAVING IN MIND THAT THERE IT CAN SMOOTHLY GO.A NOTICE VIA EMAIL IS NOT BAD IN LAW EITHER SENT BY PARTY TO PARTY OR BY A LAWYER TO A PARTY,OR BY A COURT TO A PARTY SO LONG IT IS PROVED THAT THE PERSON TO WHOM IT HAS BEEN SENT DOES HAVE AN EMAIL ADDRESS,BUT IT IS ALWAYS DESIRABLE IN.MY OPINION,THAT BESIDES AN EMAIL,A HARD COPY SHOULD ALSO BE SENT,AS IN MANY CASES,MORE PARTICULARLY,IN INDIA,THERE IS A FASHION TO DENY ALL PLEADINGS OF ONE PARTY BY THE OTHER PARTY,THEN HERE IF CONTROVERSY ARISES THAT EMAIL ADDRESS ITSELF IS A FABRICATION AND WAS NOT CREATED
BY PARTY TO WHOM EMAIL HAS BEEN SENT, THEN WHAT WILL HAPPEN ????????????????/
sanjeev murthy desai
(Expert) 08 June 2011
Dear Prabhakar Sing g in such cases Court may assume that service of notice is failed. We have lot of alternate ways which are prescribed under laws. However, normally it is difficult to find out the address of email is fabricated by the parties.
