Supreme Court of India · Registrar’s order · 13.10.2023
A notice returned “unclaimed” counts as served
An order of the Supreme Court Registrar in a transfer petition, applying the Court’s judgments to hold that a notice sent to the correct address and returned “unclaimed” is deemed to have been served, just like one returned “refused”.
Key points
- When a notice sent by registered post to the correct address comes back “unclaimed”, it is deemed served, unless the addressee proves otherwise.
- “Unclaimed” is treated the same as “refused”.
- The presumption comes from Section 27 of the General Clauses Act, 1897 and Section 114 of the Evidence Act.
What the order says
The Supreme Court’s registry had been treating a notice returned “refused” as properly served, but one returned “unclaimed” as not served. The Registrar held that this was not correct. Relying on K. Bhaskaran v. Sankaran Vaidhyan Balan (1999) 7 SCC 510 and Ajeet Seeds Ltd. v. K. Gopala Krishnaiah (2014) 12 SCC 685, the order explains that when a communication is sent by registered post to the correct address, the law presumes that it was delivered in the ordinary course, unless the addressee proves the contrary. “Refusal” and “unclaimed” are to be treated alike, and the notice to the respondent was held to be served.
Why it matters for societies
Societies regularly send notices by registered post — notices of general meetings, demand notices for dues, notices under the bye-laws and the Act. Members sometimes avoid collecting them and then claim they were never served. Sending the notice to the member’s correct, recorded address by registered post A/D and keeping the returned envelope gives the society the benefit of this presumption. It is a rebuttable presumption, so the address used must be the right one.
Three-page order in English. This page summarises the decision for general information; it is not a substitute for the full text and not legal advice. Check whether the decision has since been appealed, modified or overruled.
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