According to the recent ruling by the Supreme Court Registrar in the case of Hardev Ram Dhaka v Union of India, service of email notification is considered invalid as per the rules. During the proceedings presided by Registrar H Shashidhara Shetty, it was determined that serving the respondents with the notice through email did not constitute a valid service under the rules.
“As per office report, notice was served upon respondent Nos.2 and 3 through e-mail, which is not valid service, as per rules. Hence, counsel for the petitioner is granted two weeks’ time to take fresh steps and file fresh particulars in respect of respondent Nos.2 and 3. Dasti, in addition, is allowed as prayed for,“ the registrar said.
In an attempt to reduce the delays associated with traditional methods of serving notices, the top court had conducted an experiment with email notification notices to respondents back in 2010. However, as per the current rules, notice must be sent to respondents by registered post.
During the Covid-19 lockdown, various courts, including the Supreme Court, made temporary provisions to allow summons and notices to be served through alternative methods such as email, fax, and instant messaging applications like WhatsApp. Nonetheless, it is worth noting that the Supreme Court Rules stipulate that notice must be sent to respondents via registered post.