When a notice is sent by registered post, there’s a legal presumption that it’s been duly served, meaning the recipient received it. This presumption is based on the assumption that the postal service will deliver the notice in the normal course.
Here’s a more detailed explanation:
1. Presumption of Service:
Section 27 of the General Clauses Act of 1892 provides for this presumption. When a notice is sent by registered post to the correct address, it’s generally considered to be properly served.
2. Proof of Service:
To establish service by registered post, it’s sufficient to prove that the letter was properly addressed, registered, and sent.
3. Rebutting the Presumption:
The presumption of service can be rebutted by providing evidence to the contrary, such as the recipient’s statement on oath denying receipt, along with other evidence, as per Supreme Court case Vishwabandhu VS Krishna. However, courts typically require the recipient to provide strong evidence to overcome the presumption.
4. Endorsements:
If the registered post is returned with endorsements like “refused,” “not available,” or “house locked,” it’s often still considered properly served, as noted in Supreme Court case Vishwabandhu VS Krishna and Bombay High Court case Anees Nisar Ahmed VS State of Maharashtra.
5. Judicial Precedents:
Courts have consistently held that a properly addressed and registered letter, even if returned as unclaimed, is deemed to be properly served.