CA Intermediate · Corporate and Other Laws · The General Clauses Act, 1897
A Central Act of 2005 says a notice 'shall be served by post' on a person. The authority sends a notice by properly addressed, prepaid registered post to Meera on 4 June. Nothing in the Act shows a contrary intention, and there is no proof otherwise. Under the General Clauses Act, 1897, which statement is correct?
Service is presumed to be effected when the letter would have been delivered in the ordinary course of post, unless the contrary is proved. Proper addressing, prepayment and posting create this presumption; neither the posting date nor Meera's signed acknowledgement is decisive.
- AService is deemed effected only when Meera actually signs the acknowledgement
- BService is deemed effected when the letter is posted, on 4 June
- CService is presumed effected at the time at which the letter would be delivered in the ordinary course of post, unless the contrary is provedCorrect
- DService by post is not valid unless the Act also mentions registered post and acknowledgement
Explanation
The General Clauses Act says that where an Act authorises or requires service by post, service is deemed effected by properly addressing, prepaying and posting the letter (by registered post if so required), and, unless the contrary is proved, effected at the time the letter would be delivered in the ordinary course of post. Posting alone does not fix the date, and an acknowledgement is not needed.
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