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

Ravi Traders was served a notice by post by a Central Government department under a statute that says the notice must be 'served by post'. The department sent it by properly addressed, prepaid, registered post. Ravi claims he never received it. Under the General Clauses Act, 1897, what is the legal position?

Service is deemed effected when the letter would ordinarily have been delivered by post, unless Ravi proves otherwise. Proper addressing, prepayment and registered posting raise this presumption under the General Clauses Act, so his mere denial of receipt does not defeat service.

  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 not effected unless Ravi acknowledges receipt
  3. CService is effected on the date of posting, irrespective of any proof to the contrary
  4. DService by post is valid only if sent by speed post and not registered post

Explanation

The Act's rule on service by post presumes service when the document is properly addressed, prepaid and posted by registered post. Service is deemed effected when the letter would be delivered in the ordinary course of post, unless the contrary is proved. It is not on the date of posting and acknowledgement is not required.

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