VIGILANCE MANUAL VOLUME III - AP Online

DECISION - 211
481
in possession of the accused were disproportionate to his known
sources of income. Once these four ingredients are established, the
offence of criminal misconduct under section 5(1)(e) is complete,
unless the accused is able to account for such resources or property.
The burden then shifts to the accused to satisfactorily account for
the possession of disproportionate assets. The accused is not bound
to prove his innocence beyond all reasonable doubt. All that he need
do is to bring out a preponderance of probability.
(211)
Registered letter — refusal to receive
Refusal of registered envelop tendered by postman
constitutes due service, and imputes addressee
with knowledge of the contents thereof.
Har Charan Singh vs. Shiv Ram,
AIR 1981 SC 1284
This is an appeal by a tenant against the judgment and decree
passed by the Allahabad High Court whereby the High Court decreed
the respondent’s (land lord’s) suit for ejectment against the appellant
(tenant). The only question of substance raised in the appeal is
whether when the landlord’s notice demanding arrears and seeking
eviction sent by registered post and is refused by the tenant, the
latter could be imputed with the knowledge of the contents thereof
so that upon his failure to comply with the notice the tenant could be
said to have committed willful default in payment of rent.
The Supreme Court held that when a registered envelop is
tendered by a postman to the addressee but he refused to accept it,
there is due service effected upon the addressee by refusal; the
addressee must therefore be imputed with the knowledge of the
contents thereof and this follows upon the presumptions that are
raised under section 27 of General Clauses Act, 1897 and section
114 of the Evidence Act.