Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 65: Service of summons on corporate bodies, firms, and societies.
(1) Service of a summons on a company or corporation may be effected by serving it on the Director, Manager, Secretary, or other officer of the company or corporation, or by letter sent by registered post addressed to the Director, Manager, Secretary, or other officer of the company or corporation in India, in which case the service shall be deemed to have been effected when the letter would arrive in ordinary course of post.
Explanation.—In this section, company means a body corporate and corporation means an incorporated company or other body corporate or a society registered under the Societies Registration Act, 1860.
(2) Service of a summons on a firm or other association of individuals may be effected by serving it on any partner of such firm or association, or by letter sent by registered post addressed to such partner, in which case the service shall be deemed to have been effected when the letter would arrive in ordinary course of post.
Brefe Detail
Section 65 of the Bharatiya Nagarik Suraksha Sanhita, 2023 outlines how summons should be served on corporate entities, including companies, firms, and societies. It allows for service to be made directly to officers of the company or corporation and specifies that registered post can also be used. The section clarifies that service is considered effective upon the letter’s arrival in the ordinary course of post.
Question & Answers
Q: How can a summons be served on a company or corporation according to Section 65?
A: A summons can be served on the Director, Manager, Secretary, or other officer of the company or by registered post addressed to them.
Q: When is service deemed to have been effected for a letter sent by registered post?
A: Service is deemed to have been effected when the letter arrives in the ordinary course of post.
Q: What is defined as a company and corporation in this section?
A: In this section, a company means a body corporate, and a corporation means an incorporated company or other body corporate or a society registered under the Societies Registration Act, 1860.
Q: How is a summons served on a firm or association of individuals?
A: A summons may be served on any partner of the firm or association, or by registered post addressed to such partner.
Example
- A summons is served to a corporation by delivering it to the company's Secretary in person.
- Alternatively, a summons could be sent via registered post to the Director of a company, with the service being effective once the letter arrives.
Summary
Section 65 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides clear guidelines for serving summons to corporate bodies, firms, and societies. It allows for personal service on designated officers and the use of registered post, establishing the effective date of service upon the letter's arrival. This ensures that legal communications are efficiently delivered to entities under various forms of corporate organization.
