LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     04 October 2011

Can a request be made to a legal body to use email address?

Meaning of the word 'Address' is: "[noun] the place where a person or organization can be found or communicated with".

 

Can one provide the true physical address/es and also email address to a legal body?

 

Owing to practical nitty-gritties, can one make a request to that legal body that advance intimation may please be sent by email?

 

(Note: RTI, a law that came into effect in 2005 (i.e. much later than previous acts/laws were enacted) provides for handling all correspondences IN PERSON)



Learning

 5 Replies

Alok Tholiya (self employed)     05 October 2011

Every other person forget the corpotrates and income tax depts every other person is using electronics communication. But Indian govt, computer illeterate police and legal proffessionals are against  computerisation. They love to live in stone age. They thrive on sufferings of commonman. They do not want email,sms, e filing of plaints, WS or anything. U r liing in sick mentality group and have to continue to live like that. That is a curse to all born in India so u cant do anything.

ajay sethi (lawyer)     05 October 2011

for your information emails are recognised as valid evidence in courts in india . after enactment of Infomtaion techonology act 2000 emails are valid .

chandramouli (practice)     05 October 2011

A request can always be made. Whether the legal body acts there upon depends on the legal body. However, e-mails are admitted as evidence in courts in India.

Shailesh Kumar Shah (Advocate)     05 October 2011

In some places of India, RTI application accepted online.

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     05 October 2011

Heart felt thanks to all.

---------------xxxxxxxxxxxxxxxxxxxx------------------

 

Definition derived from Civil Procedure Code, 1908

 

 

"(1) Every pleading shall contain the party's full address for servicethat is to say, full address of his place of residence as well as place of business, if any, in addition to pleader's address for service as required by rule 32 of Order V of this Code. Such address for service furnished by the party, unless a change therein has been notified to the Court by filing a memorandum to that effect, shall be presumed to be his correct address for service for purposes of suit, any appeal or revision or other proceeding directed against the decree or order passed in that suit, when a memorandum of change of address is filed by any party, a note to that effect shall be made in the cause title of the pleading and if the pleading happens to be the written statement also in the cause title of the plaint." (w.e.f. 30-3-1967)

 

1[14A. Address for service of notice

 

(1) Every pleading, when filed by a party, shall be accompanied by a statement in the prescribed form, signed as provided in rule 14, regarding the address of the party.

 

(2) Such address may, from time to time, be changed by lodging in Court a form duly filled up and stating the new address of the party and accompanied by a verified petition.

 

(3) The address furnished in the statement made sub-rule (1) shall be called the "registered address" of the party, and shall, until duly changed as aforesaid, be deemed to be the address of the party for the purpose of service of all processes in the suit of in any appeal from any decree or order therein made and for the purpose of execution, and shall hold good, subject as aforesaid, for a period of two years after the final determination of the cause or matter.

 

(4) Service of any process may be effected upon a party at his registered address in all respects as though such party resided thereat.

 

(5) Where the registered address of a party is discovered by the court to be incomplete, false or fictitious, the Court may, either on its own motion, or on the application of any party, order-

 

(a) in the case where such registered address was furnished by a plaintiff, stay of the suit, or

 

(b) in the case where such registered address was furnished by a defendant, his defence be struck out and he be placed in the same position as if he had not put up any defence.

 

(6) Where a suit is stayed or a defence is struck out under sub-rule (5), the plaintiff or, as the case may be, the defendant may, after furnishing his true address, apply to the Court for an order to set aside the order of stay or, as the case may be, the order striking out the defence.

 

(7) the Court, if satisfied that the party was prevented by any sufficient cause from filing the true address at the proper time, shall set aside the order of stay or order striking out the defence, on such term as to costs or otherwise as it thinks fit and shall appoint a day for proceeding with the suit or defence, as the case may be.

 

(8) Nothing in this rule shall prevent the Court from directing the service of a process at any other address, if, for any reason, it thinks fit to do so

 -------------xxxxxxxxxxx------------

 

1). Is email valid in this context, i.e. for legal proceeds?

 

2). Can I furnish my true address and also my email address (on a legally signed affidavit and nothing less) and make a specific request to that legal body that I face practical difficulties and so should be intimated by email ALSO.

 

3). Can I furnish my true address, email address and make a request to that legal body that due to practical difficulties, I do not want any of my correspondences to be mailed and that all of them should beheld in my case file/dispatch etc and that I would visit that legal body (say once in a week or so) to check if I have any mail?

[THIS IS POSSIBLE IN RTI. I CAN MAKE A REQUEST THAT I WILL HANDLE THE CORRESPONDENCES IN PERSON. ALL MY MAIL WILL BE WITH THAT ORGANISATION. IT WILL NOT BE POSTED (MAILED) AND I CAN COLLECT THEM PERSONALLY].

 

4).  Can I furnish just my email address?

 

ALL IN ALL, INTERNET BASED (i.e. email / announcement on website etc) IS THE MOST SUITABLE. Is making a request to suit this need rightful, legal?


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register