• How notices are served

In writ petition, How notices are served? If Notices are served to Lawyer, will he give any receiving of that? How we will come to know that our Lawyer has served notices to defendant ? I am asking this because, I think that my lawyer is delaying matter and RTI query revealed that CBSE did not received any notice. It is more than 6 month.
Asked 7 years ago in Civil Law

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14 Answers

  1. Notices received by hand, are acknowledged. Ask your lawyer to show the acknowledgement. 
  2. Notices served through registered post----- The postal receipt of registry serves as evidence that the notice was served. Ask your lawyer to produce that slip

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

Your lawyer will send notice about filing of writ petition to respondents by hand delivery or through courier or registered or speed post 

 

2) the respondent will sign on the AD card or covering letter of having received the notice 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

See notices can be either served through court or of direct service is taken the petitioner can personally serve it.

Yes he will give endorsement. And affidavit of service is filed in court. Check with your lawyer and you need to pray for reissuing notice in court and have to directly serve it.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes, notices are served to lawyer of all the organizations who are on the panel of that very particular organization, you can see the file of the case whether notices are served or not because the server submit the served notices/acknowledgements to the court after servicing which kept on the case file so that matter when argued court may see notices have been served or not.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Yes it can be served to lawyer of that party or to lawyer himself. Once served he gives acknowledgement. You can also serve through registered post and AD. You get the acknowledgement from post

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Notice can be served by RPAD

WhatsApp 

Email

Courier with acknowledgement 

If u know other side lawyer, then notice can also be served on him

Notice to lawyer is deemed to be notice to his client

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

Hello,

if there is a standing council of the CBSe in the court then the copy can be received by the lawyer directly.

if not then on the first date notice is issued to the party and the court serves the notice, the lawyer has to just take the steps.

what does the starting orders of your case says?

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Notices send through Reg Ack Post by court Registrar. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Writ petitions are served upon the parties only and not upon the advocates. However after admission of the writ petition and in course of its hearing the affidavits of reply can be served upon the respective advocates.

Talk to your lawyer seeking proof of service of writ petition. 

Go and meet him in person and if he does not satisfy in replying your queries then change this lawyer and engage a fresh one.

All the best.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

  1. As per the information mentioned in the present query, makes it clear that the Writ has been filed against a public body i.e., CBSE.
  2. When we are filing it before the registry then it demands the stamp of the receiving on notice of motion page of the petition.
  3. But, sometimes if the AR of the department do not sit In the High Court then you can also post it and affix the receipt as the proof of service.
  4. Now, after the first hearing of no body appears on behalf of the respondent then court issues notice again.
  5. There you will have to serve them again after filing PF in court itself along with the required copies of the Writ petition.
  6. The proof is the dairy number which you get after filing the PF.
  7. You please ask your lawyer about all these above mentioned proofs.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

In any petition filed before court, the notices will be served through court process servers or by registered post through court registry.

There will be no private service ordered separately in the first hearing itself, however you may confirm it with your advocate

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Once Notice served, the defendant will sign the copy of notice. 

G Suresh
Advocate, Chennai
394 Answers
5 Consultations

Dear Sir,

The following information may be read:

The Different Modes of Effecting Service of Summons on a Defendant (C.P.C 1908, India)

1. Personal or Direct Service:

2. Service by affixing a copy of summons on defendant’s house without an order of the court

3. Service by registered post in addition to personal service:

4. Delivery of summons by Court. (O. V, R. 9):

5. Summons given to the plaintiff for service (O. V, R. 9-A):

6. Substituted service:

7. Delivery of summons to the plaintiff or his agent. (O. V, R. 9):

8. Simultaneous issue of summons for service by the court-controlled process. (O. V, R. 9-A):

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Hello

         A notice to the government department has to be given prior to the hearing of the case. In case there are other parties to whom notices have not been given, they have to be given to the designated counsels for that department. He will receive the notice and sign on the original petition before filing and if given afterwards then the notice has to be given before the court or in the office. Let the cbse say this in court then you can give it in court.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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