refusal could arise only if the endorsement ''refused' was proved by evidence, and this could only be done by producing the postman ... postman unless the postman is examined, and, such endorsement was inadmissible in evidence. The Full Bench thus answered the question, accordingly, holding that postman
refusal could arise only if the endorsement ''refused' was proved by evidence, and this could only be done by producing the postman ... postman unless the postman is examined, and, such endorsement was inadmissible in evidence. The Full Bench thus answered the question, accordingly, holding that postman
issued on 07.06.2022, however, the applicant in connivance with the postman, refused to receive the said cheque and the complaint was lodged on 27.04.2022 thereafter ... complaint that the applicant in connivance with the postman manipulated the service and refused to take the same despite fully aware is concerned, the same
Defendant and requested
him for returning of his money, but, Defendant refused to
pay any single penny to Plaintiff and also threatened him
that ... through Speed Post but, Defendant in collusion
and conspiracy with concerned postman refused the
service of the said notice. The notice was sent
postal cover. After
making all efforts, the Postman made an endorsement as 'refused' meaning
thereby the Accused evaded to receive the notice when ... registered postal
cover, the same was returned by the Postman with an endorsement 'refused to
15/22
https://www.mhc.tn.gov.in/judis
contract.
15. The postman had informed the first Defendant regarding the legal
notice. However, the first Defendant had refused to receive the notice ... more, the first Defendant refused to perform his part of contract after
receipt of legal notice dated 04.03.2021. The Postman again intimated the
notice
Rent control Act, returned with endorsement of
the postman on the envelope, 'Refused'. Returned to the sender,
held thus:
"7. Section ... appellant refused to accept. In other words, there
was due service effected upon the appellant by refusal. In
such circumstances, we are clearly
with the
endorsement "refused" and the addressee "not found during
delivery time". Dayananda said he never refused to receive the
notice ... served on Dayananda as the Bank did
not examine the postman. The notice was sent on the correct
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endorsement on the envelope as
"unclaimed" is treated as not refused thereby, not valid
service. There is a difference between the word ... would definitely
amount to a refusal to accept such a cover and in that event,
postman would always made an endorsement "Not Claimed
refused to receive them. Consequently, he
has failed to send any reply. Though during his cross-
examination, accused has denied that he has refused ... sent. The accused
has not chosen to examine the postman to prove that he
never refused to receive the legal notice and the
endorsement thereon
