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

Ravi Traders sends a statutory notice by registered post, properly addressed and prepaid, to Meera at her correct address. The statute says the notice is to be 'served by post' but does not state when service is deemed complete. Under the General Clauses Act, 1897, when is service presumed to be effected?

Service is presumed effected at the time the letter would ordinarily be delivered by post, unless the contrary is proved. The sender must properly address, prepay and register the letter. Neither the posting date nor actual acknowledgment by the recipient decides the time of service under the General Clauses Act.

  1. AOn the date the notice is posted, regardless of delivery
  2. BAt the time the letter would be delivered in the ordinary course of post, unless the contrary is provedCorrect
  3. COnly when Meera actually signs and acknowledges receipt
  4. DOn the seventh day after posting in every case

Explanation

Section 27 of the General Clauses Act provides that where an Act authorises service by post, service is deemed effected by properly addressing, prepaying and posting the letter by registered post. Unless the contrary is proved, it is presumed effected at the time the letter would be delivered in the ordinary course of post. Posting date alone is wrong as the presumption attaches to the ordinary delivery time. Actual receipt is not required.

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