LEGAL NOTICE

Section 27 General Clauses Act and Section 138 NI Act

Section 27 of the General Clauses Act, 1897 can create a rebuttable presumption of service where a Central Act or Regulation authorises or requires a document to be served by post and the statutory conditions are met.

Content review date: 17 October 2026

Notice service and deemed delivery
Illustrative visual for general legal education. Check the applicable statute and current judgments for case-specific decisions.
Important: This page is general legal information. Check the current statute, binding judgments and facts of the individual case before taking action.

The statutory conditions

In general terms, the document must be properly addressed, prepaid and posted by registered post. The provision then deems service at the time the letter would be delivered in the ordinary course, unless a contrary intention appears.

Connection with Section 138

The Section 138 notice is a statutory demand notice. Postal proof and the Section 27 presumption may be relevant when the drawer disputes receipt, but the precise facts and applicable judicial interpretation must be examined.

Correct address matters

Keep proof of the address used and compare it with reliable records. A wrong or incomplete address can materially affect the service analysis.

Refused or unclaimed envelopes

The endorsement and surrounding circumstances matter. Courts assess the evidence and applicable presumptions; neither side should assume the result without examining the record.

C.C. Alavi Haji v. Palapetty Muhammed

This Supreme Court decision is frequently discussed in relation to statutory notice and postal service in cheque dishonour cases. Read the judgment itself before relying on a particular proposition.

Read full judgment on Indian Kanoon: C.C. Alavi Haji ↗

Practical takeaway

Section 27 creates a rebuttable presumption when its conditions are satisfied; it does not make every posted letter conclusively served.

PROFESSIONAL INFORMATION

Need guidance on your matter?

Explore the profile of Advocate Javed Ahmad or use the contact options if you need to discuss a specific cheque bounce issue.

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PROFESSIONAL LOCATION

Advocate Javed Ahmad

Chamber No. D-522(B), Karkardooma Court, Shahdara, Delhi – 110032

Chamber No. D-522(B), Karkardooma Court, Shahdara, Delhi – 110032. Please call ahead to confirm appointment availability.

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