Yes service of notice by mail is valid.
you will have to appear before the HC, the notice must be having some writ petition number.
share the copy of notice for a concrete advise.
regards
A criminal writ petition in Delhi high court has been filed against me and some ministries and local police. I am now NRI and living in other country. Petition notice has been mailed to me and not by post. Is it valid? In notice I have been given a date to appear before court. How should I respond to the notice now to put my stand as NRI.
Yes service of notice by mail is valid.
you will have to appear before the HC, the notice must be having some writ petition number.
share the copy of notice for a concrete advise.
regards
Notice can be served by way of email too, if the same was permitted by the court while issuing notice.
You will be given an opportunity to respond by filing a counter affidavit.
Your NRI status is immaterial as everyone is equal before law and is dealt in the same manner.
Contact some lawyer to prepare the counter affidavit and to appear before the court on your behalf on the mentioned date of hearing.
Who has mailed you the notice? Court doesn't mail notice like this. Neither is the valid and admissible service. You are best adviced to ignore it
Dear Sir, you need to show the notice sent to you. Only then will it able to advise you accordingly. Now, that you have received a notice you need to appear through your lawyer. We also need to see the criminal writ filed against.
1) you should appear before trail court on said date
2) make an application for exemption from personal appearance until further orders
Thanks for all the advice. Is it mean that only appearing at court by flying down from foreign country is last option? Don't I have any option to challenge the malafied writ by some counter reply through some lawyer to put my point of view?
You can engage a lawyer to appear on your behalf
make application for exemption from personal appearance until further orders under section 205 cr pc
You do not have to fly down to India to appear before the court on the date of hearing. It can be dealt by your lawyer.
You can hire an advocate to appear before the court on your behalf and file counter affidavit.
Yes, you have the right to put your counter through your lawyer and not coming all the way down to delhi
Dear Sir,
Rules state that a notice is served in person or through registered post. Following the enactment of the Information Technology Act, which recognises electronic communication as evidence, courts have allowed parties in a litigation to serve notice through email, in addition to traditional methods. Earlier this year, a Delhi metropolitan magistrate had allowed a woman to serve summons in a domestic violence case on her estranged husband in Australia via WhatsApp. The court had said that the "double tick" on WhatsApp showed that the summons have been delivered.
In civil case summons, those who have filed the case against you gets an upper hand and there is high probability they will be benefited with ex-parte order.
In case of criminal summons court may issue bailable and non bailable warrant against you. The court may further declare you absconder. publish the notice in newspaper, declare you a proclaimed offender and also can attach your property.
Yes, this notice will be valid and you need to appear in this case on the next date, either in person or through an Advocate.
You need not fly down for this case specifically. You can engage a lawyer and file a reply through him. I will advise you to engage a lawyer to represent you in this case.
Dear Sir,
-First of all, do check whether the sent notice is truly sent by respective court only
-The Court can send the notice by mail also along with sending summon at your available address with court
- There is no such requirement for you to appear in personal until there is specific instruction passed by court
- Hire local lawyer to appear on your behalf and seek exemption for personal appearance.
Regards
Vivek Arya
You can appoint a lawyer he will represent you. Right now you don't have to appear. Only if court directs your to appear the question arises
The notice served to you by email is also a valid service of notice.
You may engage the services of an advocate, file a vakalat on your behalf and then if necessary you may appear befor court on a later date.