refused. Employer's witness
relied upon the refusal and specifically said that he does
not want to examine the postman. In this situation, when ... basis of the Postman's endorsement on the envelope
received back that it was tendered by the postman, and was
refused
said notice, as per the postal endorsement was returned as refused, return to sender. The Complainant admitted that the said legal notice was enclosed ... said firm and when it was returned by the postman as refused, it is deemed to have been refused by the accused Narayan R. Bandekar
petitioner and that the respondent failed to examine the postman to prove the fact of refusal of the notice by the petitioner coupled with ... effect that the endorsement of refusal of notice by the postman on the envelope was false endorsement and was got made by the respondent
would criticize the Appellate Court for having
accepted the evidence of postman. That Postman had no business to
look for Defendants in the market ... accept the
same. Accordingly, endorsement was made by the Postman on the
envelopes about refusal and the same were returned to the sender.
The endorsement
cases it was required that the postman should depose on the matter so as to prove the alleged refusal or the unwillingness of the person ... expression "unclaimed" endorsed by the postman on the letter amounts to a clear refusal on the part of the respondent to accept
tendered to him at any time. The learned Judge, however, refused to set aside the ex parte decree, inter alia, on the ground that under ... endorsement made by a postman that the packet had been offered to the defendant and he had refused it. The learned Chief Justice held that
delivered to the addressee or that on being delivered, it was refused by the addressee. Where a notice is sent to a defendant by registered ... effect that appellant had refused to receive the packet. Though, there would be a presumption that the postman must have made correct endorsement
service is alleged to have been refused. In fact the refusal was not proved, as the postman who took the letter and brought it back
sent to the landlord by
money order and that the same were refused by the landlord. In this
regard, Mr. Anturkar, learned senior counsel appearing ... respondent-landlords, the applicants had to examine the postman in
order to establish refusal. In absence of the evidence of postman,
failure to accept
registered letters. When the
postman is unable to deliver it on his
first visit, the general practice is for
the postman to attempt to deliver ... time when he is alleged to have refused
the service of notice, as well as that the postman who
has made the endorsement admits that
