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CA Intermediate · Corporate and Other Laws · The General Clauses Act, 1897

A Central Act dated 2015 required a notice 'to be served by post'. A rule made under the Act in 2016 says notice must be sent 'by registered post', without stating when service is deemed effected. A notice, properly addressed, prepaid and posted by registered post on 10 June, reached the addressee on 14 June. Under the General Clauses Act, 1897, and unless a contrary intention appears, when is service deemed effected?

Service is deemed effected when the letter would be delivered in the ordinary course of post, unless the contrary is proved. The General Clauses Act presumes this once the notice is properly addressed, prepaid and sent by registered post; neither posting date nor reading governs.

  1. AAt the time at which the letter would be delivered in the ordinary course of post, which is a question of fact that may be provedCorrect
  2. BOn 10 June, when the notice was posted
  3. COn 14 June only, because actual receipt is conclusive in every case
  4. DAt the moment the addressee reads the notice

Explanation

The Act's service-by-post provision requires proper addressing, pre-payment and posting by registered post; service is then deemed effected at the time the letter would be delivered in the ordinary course of post, unless the contrary is proved. Posting date is not the deemed date, and actual receipt or reading is not conclusive. The ordinary-course time is a rebuttable presumption.

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