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

A Central Act of 2018 says that a notice 'shall be served by post' on the affected person. The authority sends a notice by registered post, properly addressed, prepaid and posted on 4 April 2024, but the addressee claims he never received it. Under the General Clauses Act, 1897, what is the correct position on service?

Service by post is deemed effected by properly addressing, prepaying and posting the letter by registered post. Unless the contrary is proved, it is presumed to be effected when the letter would be delivered in the ordinary course of post, not on the date of posting, and acknowledgment is not required.

  1. AService is deemed effected at the time the letter would be delivered in the ordinary course of post, unless the contrary is provedCorrect
  2. BService is complete only when the addressee actually acknowledges receipt
  3. CService is deemed effected on the date of posting, irrespective of any proof to the contrary
  4. DService by post is invalid unless the Act expressly says registered post is allowed

Explanation

Where an Act authorises service by post, service is deemed effected by properly addressing, prepaying and posting the letter by registered post, unless a different intention appears. Unless the contrary is proved, it is presumed effected when the letter would be delivered in the ordinary course of post. Deeming it on the date of posting ignores this and is wrong.

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