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

An Act provides that a notice may be served on a person 'by post'. Under the General Clauses Act, 1897, Sunil sends a notice to Kavita by properly addressing, prepaying and posting a registered letter. Kavita claims she never received it. What is the legal position, unless a contrary intention appears?

Service is deemed to be effected when the letter is properly addressed, prepaid and posted, and unless the contrary is proved, at the time it would be delivered in the ordinary course of post. Kavita's non-receipt or lack of acknowledgement does not defeat service.

  1. AService is effective only if Kavita acknowledges receipt
  2. BService is deemed effected on posting, and unless the contrary is proved, at the time the letter would be delivered in the ordinary course of postCorrect
  3. CService is not effected because actual receipt is a must
  4. DService is effected on the date the letter is written

Explanation

The Act provides that where service by post is authorised, service is deemed effected by properly addressing, prepaying and posting a letter containing the document, by registered post if so required. Unless the contrary is proved, it is deemed effected at the time the letter would be delivered in the ordinary course of post. Actual receipt or acknowledgement is therefore not required.

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