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

A statute requires that a notice be 'served by post'. Sunil's company sent the notice to Anita by a properly addressed, prepaid letter sent by registered post, and it was correctly posted on 4 March. Under the General Clauses Act, 1897, what is the position about service?

Service is deemed effected by properly addressing, prepaying and posting the notice 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, so actual reading by Anita is not required.

  1. AService is effected only when Anita actually reads the notice
  2. BService is deemed effected by properly addressing, prepaying and posting the letter by registered post, and, unless the contrary is proved, at the time the letter would be delivered in the ordinary course of postCorrect
  3. CService is effected on the date the letter is received by the post office, with no possibility of rebuttal
  4. DService by post is never valid unless the Act expressly permits email

Explanation

The Act provides that service is deemed to be effected by properly addressing, prepaying and posting a registered letter, and unless the contrary is proved, it is deemed effected when the letter would be delivered in the ordinary course of post. Option C wrongly treats the presumption as irrebuttable.

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