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Swami Sadashiva Brahmendra Sar (Nil)     29 March 2010

Notice by post

Dear friends,

s. 27 of the Limitation Act provides that  :  "......................the service shall be deemed to be effected by properly addressing, prepaying and posting by registered post, a letter containing the document, and unless contrary is proved , to have beef effected at the time at which the letter would be delivered in the ordinary course of post. "

Normaly we ( or the courts ) presume the time of ordinary course as 30 days from the date of posting. Kindly reffer case laws in this regard . Is there any latest decision in view of IT development ?



Learning

 1 Replies

Isaac Gabriel (Advocate)     30 March 2010

The department of Posts has its own procedures and conditions for service of the registered post. If the addressed party is out of station, and left authorisation for delivery of the letters addressed, the same would be accepted, or else it can retain the same for a specified number of days,and return with the remarks.Neverthless,each days delay would be recorded with reasons. For the purpose of evidence, the postal seal affixed shal be taken as proof. The trial courts never call the postal authorities for evidence for the delivery of the registered post, The IT develoopment has made the job easy as the date and time stamping is invariably affixed in each document transmitted vis E-mail, Fax etc.,


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