Whether proper service of notice can be presumed if postal remark is "House locked" and "shop closed"?

In view of the office report, it would be clear that the respondents obviously managed to have the notice returned with postal remarks "not available in the house", "House locked" and "shop closed" respectively. In that view, it must be deemed that the notices have been served on the respondents.

Supreme Court of India

The State Of Madhya Pradesh vs Hiralal & Ors on 15 January, 1996

Equivalent citations: JT 1996 (1), 669 1996 SCALE (1)SP35

BENCH:
RAMASWAMY, K.
G.B. PATTANAIK (J)

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Whether due service of notice can be presumed when it is returned endorsement "refused" or "not available in the house"?

This Court in catena of cases has held that when a notice is sent by registered post and is returned with postal endorsement "refused" or "not available in the house" or "house locked" or "shop closed" or "addressee not in station", due service has to be presumed.

SUPREME COURT OF INDIA

N. Paraeswaran Unni Vs. G. Kannan and Another

[Criminal Appeal No 455 of 2006]

N.V. Ramana, j.

Dated:1st March, 2017.

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