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Report No. 60

15.13. Refusal-effect of.-

When a registered letter is refused by the addressee, is it permissible to draw the presumption referred to in section 27 of the General Clauses Act or in section 114, illustration (f), Evidence Act, or both? On this point, there seems to be a conflict of decisions. One view is that the presumption under section 114, Evidence Act can be drawn,1 in case of refusal by the addressee. Another view that even section 27, General Clauses Act, applies in such case.2 The third view is that neither section 114 nor section 27 applies.3 The case-law is reviewed in a Madras case,4 and in a Calcutta case.5

1. Gona Ram v. Dhulwati, AIR 1970 All 446 (450, 451), paras. 23-25 (and the Calcutta, Punjab and Madras cases cited therein).

2. (a) Dwarka Singh v. Ratan Singh, 1969 All LJ 849; (b) Bachalal v. Lachman, AIR 1938 All 338.

3. (a) Vaman Vithal v. Khanderao, AIR 1935 Born 247; (b) Jankiram v. Damodar, AIR 1956 Nag 266.

4. Bappayya v. Venkatarahan, AIR 1953 Mad 884 (887), paras. 9 to 13 (Rajamannar C.J. and Venkatarama Aiyar J.).

5. Nirmal Bala v. Provot Kumar, (1948) 52 CWN 619.



General Clauses Act, 1897 Back




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