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sunando ghosh (salaried)     11 November 2010

Proof of Delivery - Content of Letter Proof

Even in the case of Speed Posts or Registered Post or Courier with POD, all it prove is that a closed cover addressed to a particular addressee is delivered. A shrewd receipient can successfully argue in a court of law that the cover did not contain the letter one plead as sent but something else or a blank paper. He will defenitely succeed with such arguements.

How can we prove what we are holding a copy of is what we sent through post and not a blank letter?



Learning

 6 Replies

V. VASUDEVAN (LEGAL COUNSEL)     11 November 2010

If the service by registered/speed post is effected by a Company - it can substantiate the contents by 

producing its inward/outward register, the clerk who is in charge of despatch and other correlations. Also when a person receives an article by Registered/Speed Post, he should have responded to the person/company who despatched the registered article, if the contents are not proper.. This response should have been done immediate on such contents. If this was not done, then he cannot raise a plea as described in the query.

As an alternative, the notice may be printed on a inland stationery and the service effected by registered post.

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     11 November 2010

It is the duty of the receipt of the letter to reply that blank letter is sent.  If he is quiet, it presumes that notice was sent.

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     11 November 2010

Dear Querist,

 

When service on the other party is complete and not disputed by other party, circumstantial evidence would be necessary to prove contrary as already advised. Secondly, weight of the article by sent and served by Registered/Speed Post, would be a determining factor. The other party's subsequent conduct would be a decisive factor in your case.

Remining would be as already advised. You may also send FAX/Email.

 

Trust this would suffice.

1 Like

sunando ghosh (salaried)     12 November 2010

As an alternative, the notice may be printed on a inland stationery and the service effected by registered post.

could you pls explain more about inland stationery?

It is the duty of the receipt of the letter to reply that blank letter is sent.  If he is quiet, it presumes that notice was sent.

I am somehow not conivnced...pls elaborate why
 

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     12 November 2010

Mr Ghosh your querry is real and the opponent can always claim the envelope was blank.

If you are a sender you have to take defferent precution and if reiever it will really be an herculian task to prove the notice was not a blank envelope.

For the others who have given opinion to the contrary please note that many times-

1) Notice is replied So its  reciept is accepted.

2) There is no mention in the pleading that blank notice was recieved so other side will object for taking this plea at later stage.

If you are opponent you can and you must claim that the envelope was containing blank papers., and it will be the duty of the sender to prove it that it was containing the same notice.

FOR WHOLESALE REPIERS PLEASE SEARCH THIS SITE ONLY ,  ONE FREIND HAD POSTED A CITATION OF ALLAHABAD HC THAT EVEN CARBON COPY OF NOTICE SENT IS NOT PRODUCED THAN IT CAN NOT BE ASSUMED THAT SAME NOTICE WAS SENT.

1 Like

sunando ghosh (salaried)     12 November 2010

thanks for chipping in...so what best can we do as sender of letter?


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