LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ghazala Rahman (advocate)     28 October 2020

Lawful Timings of Receiving Court Notice

what are the lawful timings of /sending /receiving Notices issued by court in a house , dwelled by women.
is an offnce committed if bailiff drops/ acknowldge Notice after 7pm i.e.much later than sunset.....


Learning

 10 Replies

Advocate H.S.Makwana   28 October 2020

in 15 days you appear in the court

Ghazala Rahman (advocate)     28 October 2020

I mean .....Court bailiff kis time pr service kra skta hy women resided ghar pr....kya bailiff 10pm pr Notice sevr kry tu kya ye lawful time of service hy....??
Thank you for response Adv Makwana

Dr J C Vashista (Advocate)     29 October 2020

It can be served at any convenient time when summoned person or his relative can be available at the address.

Probably you are mixing the issue with timing for execution of decree / award / order passed by competent court. 

Kishor Mehta (CEO)     29 October 2020

The Court Bailiff usually can come at reasonable timings between 9.30am and 6.00pm, however if the person is not available during these timings, the Court Bailiff will paste the Court summons at the door on his third visit make a report in his record book and in such event the summons are considered as legally served.

Ghazala Rahman (advocate)     29 October 2020

Sir JC vash*ta I am thankful for your response.
2. Sir Kashore Mehta , I appreciate that you conntected to my point.
Now I want to submit that if bailiff comes late intetionaly and habitually , to harras the party of case....is he committing offence??

Kishor Mehta (CEO)     29 October 2020

Usually the Court Bailiff would not do so intentionally, unless he bears some personal grudge against the person. However the argument appears academic and is useless as the main purpose is to serve and receive the Court summons, which is received after having been delivered or pasted. Important matter is the attendance of the person at the Court at the prescribed time. You can file a seperate case against the Court Bailiff for any misdemeanor. 

Ghazala Rahman (advocate)     29 October 2020

Sir I am highly thankful for your Ĺ•eplies.

P. Venu (Advocate)     29 October 2020

If the bailiff is indulging in mischief, you can complain. However, in a judicial proceedings, one should not miss the woods for the trees.

A. A. JOSE (LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER)     29 October 2020

As far as I know, no such specific time-frame has been stipulated but normally during the day time, i,e. before sunset especially where women alone are staying.  However, it may depend upon various factors and  circumstances.  As you may be knowing  sometime back even the highest Court of the land conducted some urgent matters even during night with short notice and in such cases, Court Notices/Summons may have to be served even at odd hours too!

Ghazala Rahman (advocate)     29 October 2020

Sir P. Venu and A.A. Josh I am highly thankful for your opinion in the matter. (Actually a woman came to me and said a court bailiff whilr serving Notice after 8pm was trying to drag her minor son to court along him for hearing.)

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register