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Judgment
Supreme CourtC. C. Alavi Haji v. Palapetty Muhammed
(2007) 6 SCC 555
“¶14 — A notice correctly addressed and returned unclaimed is deemed served, and the drawer who avoids the postman cannot found a defence on non-receipt.”
Research
Limitation where the demand notice was returned unclaimed
Service is presumed on tender. The drawer cannot rely on non-receipt [1].
The fifteen-day window runs from deemed service, not actual knowledge [2].
3 sources · SC, Kerala HC
Draft · Complaint under s.138
IN THE COURT OF THE CHIEF JUDICIAL MAGISTRATE, GORAKHPUR Complaint Case No. ____ of 2026
3. That the statutory demand notice dated 12.03.2026 was despatched by registered post to the correct address of the accused and was returned with the endorsement ‘unclaimed’. Service is therefore complete in law.
Drawn from research ¶ 1 · C. C. Alavi Haji [1]
Case status · eCourts
Next hearing — 14 April 2026
Stage: Evidence · Last order uploaded 02 April
Contract · Supply Agreement
“…terminable on thirty days’ written notice without assigning any reason…”
Notice runs from despatch, not receipt
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Limitation runs from the date service is deemed complete; a notice returned unclaimed is deemed served.
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