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Sunday, October 6, 2013

Presumption of Delivery by Registered Post

Coal India Ltd. v. Ananta Saha, (2011) 5 SCC 142 at page 154

23. Similarly, we find no force in the submission made by the delinquent that he did not participate in the disciplinary proceedings and did not make any comment on receiving the enquiry report along with the second show-cause notice as the notices had not been served upon him in accordance with law. The second show-cause notice and the copy of the enquiry report had been sent to him under registered post. Therefore, there is a presumption in law, particularly, under Section 27 of the General Clauses Act, 1897 and Section 114, Illustration (f) of the Evidence Act, 1872 that the addressee has received the materials sent by post. (Vide Greater Mohali Area Development Authority v. Manju Jain [(2010) 9 SCC 157 : (2010) 3 SCC (Civ) 639 : AIR 2010 SC 3817] .)

 

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