Mayank Wadhwani 12 October 2024
adv.raghavan (Advocate,9444674980) 13 October 2024
send another notice, there is no bar .
Dr. J C Vashista (Advocate ) 13 October 2024
If the child retruning the notice is "major" the notice is properly served, even if physically returned with any remarks of the postman.
Otherwise, it would be better to repost and limitation starts from the date of proper service.
T. Kalaiselvan, Advocate (Advocate) 13 October 2024
The notice returned cannot be sent again for such reasons.
If necessary you can issue a rejoinder notice with specific reasons for sending it again to make the legal notice legally valid for proper prosecution.
Mayank Wadhwani 13 October 2024
Dr. J C Vashista (Advocate ) 13 October 2024
It is presumed to be served and proceed further.
P. Venu (Advocate) 13 October 2024
The story is less than convincing. If the Notice could not be prperly delivered, the post man is required is required to give due intimation to the addressee to collect the same within the specified time. It is only after this due process that a registered article could be returned.
It cannot be certainly the case that, all throughout this period, the "child" was the only occupant in the said address.
Advocate Bhartesh goyal (advocate) 13 October 2024
If notice has been sent on correct and last known address of drawer, returned undelivered due to non availability of drawer then as per sec 27 of General clause Act it will be presumed that notice has been duly served so you need not send again notice to drawer.
Dr. J C Vashista (Advocate ) 14 October 2024
It is presumed to be served, if correctly addressed.
Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 14 October 2024
If the notice has been sent by Registered post to the correct address, that is sufficient even if it is not received or accepted by the addressee under Section 27 of the General Clauses Act 1897. You can proceed further with the case.