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RAJIB (Executive)     14 September 2009

Evience

Dear Sirs,

Can u plz advise if a nitice sent thou Registered post  to the opponents and original postal receipt is lost but before losing that postal receipt , a notary certifiacate on xerox copy of original receipt obtained stating "verified with original" and idemtified by a practicing lawyear and duly notirised.

(1) Does that notorised copy can be a valid exhit?

(2) A FIR also file with GRP stating loss of original receipt.

 

kindly advise.

Best regards

Rajib Banerjee

 



Learning

 8 Replies

Kiran Kumar (Lawyer)     14 September 2009

the document u r referring to may be notrial attested but such attestation does not make it preliminary evidence.

 

FIR or notrial attested document is no proof of authentication before a court, however u can prove the reciept by summoning the relevant record from the Post Office.

1 Like

RAJIB (Executive)     14 September 2009

Thanks you a lot.

But what if it is a "Certificate of Posting" for which post office not kept any record only a recipt issued for addressee with requisite stamp affixed with it.

Best regards

Rajib Banerjee

 

Kiran Kumar (Lawyer)     14 September 2009

Rajib ji, this record is kept with the post office....

 

in case it has been lost or destroyed then it will be a trouble for u, u ll ve to prove with some other cogent evidence that such a reigstered post was sent or delivered.

1 Like

Sachin Bhatia (Advocate)     14 September 2009

Perfect advise Mr. Kiran

Sarvesh Kumar Sharma Advocate (Advocacy)     15 September 2009

good advised by kiran.

christian (Advocate)     15 September 2009

certified copy of the FIR  marking secondary document in Evidence Act under section 62 says. notaries signed document cannot be mark and also mark of the hand notice copy is marked thank you

srinivas (Practising Lawyer )     17 October 2009

see if you receives any acknowledgement from the postal authority or  reply from the other side then no problem thus itself speaks about yours sending of RPAD if not u can avail a coavering letter of sending or acknowledging or report of sending or not from the POSTAL DEPARTMENT 

srinivas (Practising Lawyer )     17 October 2009

sir the notarising of document in yours case may not support you


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