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

Under an Act, a statutory notice must be given by 'registered post'. Anita sends the notice properly addressed, prepaid and posted by registered post to Kiran on 5th May. Kiran claims he never received it. Under the General Clauses Act, 1897, what is the correct position on service?

Service is treated as effected. When a properly addressed, prepaid letter is posted by registered post, the General Clauses Act deems service done and presumes delivery in the ordinary course of post, unless Kiran proves otherwise. His mere claim of non-receipt is not enough.

  1. AService is deemed effected when the properly addressed, prepaid letter is posted by registered post, and unless the contrary is proved, it is presumed delivered in the ordinary course of postCorrect
  2. BService is effective only if Kiran actually acknowledges receipt in writing
  3. CService is effective only after a Court confirms delivery
  4. DService by registered post is not recognised unless the Act also mentions courier

Explanation

The General Clauses Act says that where a document is required to be served by post, service is deemed effected by properly addressing, prepaying and posting it 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. Non-receipt alone does not defeat service, so requiring acknowledgement is wrong.

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