AI Overview...
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Affidavit of Service via RPAD - The petitioner or applicant is often required to serve notices through Registered Post with Acknowledgment Due (RPAD), hand delivery, courier, or speed post, and then file an affidavit of service before the court or tribunal's specified deadline Metro Malleable Manufacturers (P) Ltd. VS Canara Bank, Bangalore - Karnataka, M/s. Viraj Properties vs Parmanand H. Thakkar and ors. - Bombay, M. Satya Deva Kumar @ Ravi Kumar vs V. Yogananda Lakshmi Bharathi - Andhra Pradesh, Vinod Sharma VS State of U. P. - Allahabad.
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Modes of Service Permitted - Courts frequently permit service by RPAD, hand delivery, courier, or fax, especially when normal service methods are insufficient or impractical. The affidavit of service via these modes is essential to establish proof of service Metro Malleable Manufacturers (P) Ltd. VS Canara Bank, Bangalore - Karnataka, M/s. Viraj Properties vs Parmanand H. Thakkar and ors. - Bombay, M. Satya Deva Kumar @ Ravi Kumar vs V. Yogananda Lakshmi Bharathi - Andhra Pradesh, Vinod Sharma VS State of U. P. - Allahabad.
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Proof of Service Requirements - Filing an affidavit of service is a mandatory step after serving notices through RPAD or other permitted modes. This affidavit serves as proof that the respondent was duly served, which is crucial for proceeding with the case Metro Malleable Manufacturers (P) Ltd. VS Canara Bank, Bangalore - Karnataka, Paras Construction VS Paras Paradise Co-Op Housing Society Ltd. - Consumer, M/s. Viraj Properties vs Parmanand H. Thakkar and ors. - Bombay, M. Satya Deva Kumar @ Ravi Kumar vs V. Yogananda Lakshmi Bharathi - Andhra Pradesh.
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Special Provisions for Service - Courts sometimes authorize serving notices by private methods like RPAD or hand delivery when usual methods are not feasible. They may also permit service by other means, provided proof of service is filed M/s. Viraj Properties vs Parmanand H. Thakkar and ors. - Bombay, RAMESHWAR GANPATI RAJEMOD vs THE STATE OF MAHARASHTREA AND OTHERS - Bombay.
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Legal Implications and Abuse Prevention - The courts recognize that methods like the certificate of posting can be misused to avoid producing proof of service, emphasizing the need for proper affidavits and proof when using these modes SRI LAKSHMI VENKATESWARA INDUSTRIES VS COMMERCIAL TAX OFFICER, VANASTHALIPURAM CIRCLE, HYDERABAD, AND OTHERS. - Andhra Pradesh.
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Time Frame for Service and Filing Proof - Courts often specify time limits within which the service must be effected and the affidavit filed, such as two weeks or a month, to ensure timely progression of cases M. Satya Deva Kumar @ Ravi Kumar vs V. Yogananda Lakshmi Bharathi - Andhra Pradesh, Vinod Sharma VS State of U. P. - Allahabad.
Analysis and Conclusion:
Serving notices via RPAD or equivalent modes is a standard procedural requirement in courts and tribunals, aimed at ensuring effective communication and proof of service. Filing an affidavit of service after such notices is crucial to validate that the respondent has been duly informed, enabling the case to proceed. Courts are increasingly explicit about permitting alternative service methods like RPAD and hand delivery, especially when usual methods are impractical. Proper documentation and timely filing of affidavits of service help prevent disputes over whether service was properly effected, thereby maintaining procedural integrity Metro Malleable Manufacturers (P) Ltd. VS Canara Bank, Bangalore - Karnataka, Paras Construction VS Paras Paradise Co-Op Housing Society Ltd. - Consumer, M/s. Viraj Properties vs Parmanand H. Thakkar and ors. - Bombay, M. Satya Deva Kumar @ Ravi Kumar vs V. Yogananda Lakshmi Bharathi - Andhra Pradesh, Vinod Sharma VS State of U. P. - Allahabad.
Search Results for "Affidavit of Service of Notice through Rpad"
2013 0 Supreme(Kar) 1152 • India - Karnataka
S.ABDUL NAZEER
... In addition to the Court's notice, the petitioner is also directed to serve Advocate's notice, either personally or by RPAD/Courier/Speed post/Fax, and file an affidavit of service before the returnable date. ... ... Issue notice to the first respondent-Bank returnable by 12.2.2013. ... ... Notice to state that the petition may be heard and disposed of finally at the stage of admission. ... 8.
• India - Consumer
REKHA GUPTA
Affidavit in support of service of RPAD was already filed on behalf of Respondent dated 31.03.2016. ... These facts were brought to the notice of the Respondent builder/developer by communication dated 19.05.2000 but the Respondent did not bother despite communication made from the Appellant society on behalf of flat purchasers. The Appellant had engaged the services of Architect Mr. P.S. ... By their conduct to avoid carrying out repairs and to attend hearing of this complaint despite notices....
• India - Bombay High Court
M. S. SONAK, J
b) In addition to usual mode of service, the Applicant is permitted to serve the Respondents by way of private notice either by RPAD and/or by hand delivery and to file an Affidavit of service to that effect on or before next date. ... 3] Thereafter, service was effected upon the respondents. However, the respondents have not appeared in this petition. ... 4 Considering the submissions made by the learned counsel for the applicant and statement made by him during the course of argum....
2018 0 Supreme(Bom) 1993 • India - Bombay
S.V.GANGAPURWALA, S.M.GAVHANE
Admittedly, in present case subject properties have been reserved for garden as per revised development plan - It is held that purchase notice ... able to acquire subject properties by private agreement or compulsory acquisition within 10 yrs of development plan - No public notices ... According to the petitioners the said notice was served upon these authorities on 30.09.2014. Respondent Nos. 3 and 4 in their abovesaid reply affidavits have not specifically denied the fact of service of purchase #HL_ST....
2025 Supreme(Online)(AP) 14332 • India - High Court of Andhra Pradesh
Battu Devanand, J
It's noted that the petitioners' counsel is allowed to take out personal notice to the second respondent and file proof of service ... s Learned counsel for the petitioners is permitted to take out personal notice to the respondent No.2 by RPAD and file proof of service within two (02) weeks. List the matter on 29.08.2025. ... The Court made the following: ORDER “Mr.Nanda Kishore, learned counsel for the Respondent No.1/Caveator sought time to file counter-affidavit. Issue ....
2016 0 Supreme(AP) 110 • India - Andhra Pradesh
R.KANTHA RAO
of notice on delinquent-employee - In considered opinion of this Court this is not stage whereat this Court would exercise power ... This Court therefore is not inclined to interfere with proceedings before Disciplinary Authority at stage when it has issued a notice ... Employment and service - APSRTC Employees’ (Conduct) Regulations, 1963 - Regulation 28 - Constitution of ... Thus, in the instant case, the service of notice on the petitioner is a disputed question, which cannot be decided in the presen....
2011 0 Supreme(AP) 152 • India - Andhra Pradesh
V.V.S.RAO, RAMESH RANGANATHAN
Judicial notice can be taken of the fact that authorities resort to the "certificate of posting" route for service of notices only to avoid producing proof of service. That this method of service is capable of abuse is not in dispute. ... While in the counter-affidavit filed earlier she had stated that the notice, proposing cancellation of the certificate of registration, was sent to the petitioner on May 19, 2010 by RPAD, it is her case in the addit....
• India - Bombay
either by RPAD and or by hand delivery applicant is permitted to serve the respondent by 7) In addition to usual mode of service
• India - Bombay
either by RPAD and or by hand delivery applicant is permitted to serve the respondent by C) In addition to usual mode of service
2021 0 Supreme(All) 1014 • India - Allahabad
Learned counsel for the applicants is directed to serve respondent no.2 through RPAD within a period of a week from today. Respondent no.2 is allowed three weeks time to file counter affidavit from the date of service of notice upon him. ... AGA is also allowed the same time to file counter affidavit on behalf of rest of the respondents. List this case in the week commencing 18thAugust, 2008. ... Nobody put-inappearance on behalf of opposite party no.2 in spite of the notice issued to....
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