Imagine that you have a property or matrimonial dispute and a court case has been filed against you. Then its notice has been sent to you on WhatsApp or e-mail. Then will this notice have legal validity or can it be ignored, because courts usually send any notice or summons to people at their residential address through registry or post. Let us know what the rules say…
Nowadays new modes of communication are becoming quite popular among people. Therefore, people also share documents through electronic modes such as WhatsApp or chat. In such a situation, individuals can send legal notices to each other through these modes, they are also considered legally valid. Now the question is whether sending notices like this is valid even at the court level?
Recognition of such notice received from the court
Legal notices are usually sent through lawyers, or by one party to another. There are many notices which are sent between the two parties to each other even before going to the court. Most of the courts of the country have now given legal recognition to sending such notices through electronic modes. The courts have recognized them considering the basic idea behind it 'to inform each other'.
What do the court rules say?
According to the news of ET, during the time of Covid, the Supreme Court itself took cognizance and recognized the transaction of legal notice or summons through WhatsApp, Telegram, fax, e-mail or signal etc. He has kept it under the ambit of 'service of notice'. At the same time, Bombay High Court has gone one step further and presented a new example. The court has recognized sending legal notices, petitions and summons through WhatsApp as a proper service.
Many courts of the country have made different laws regarding sending notices in electronic mode and have recognized such notices in electronic mode. However, sending court summons in criminal cases in electronic mode has not yet been recognized by most of the courts in the country.
No comments:
Post a Comment