A guide to legal notice and its importance for your case

A  guide to legal notice and its importance for your case

Date : 12 Aug, 2019

Post By Sankul Nagpal

What is a legal notice?

Despite all efforts to maintain cordial relationships in our businesses or personal relationships, many of us often find ourselves in the middle of legal disputes. This is where a legal notice comes into the picture.

 A Legal Notice can be sent for a variety of reasons, but in every case, it is the first declaration that a person is going to take legal action an infringed right recognized by the law. 

The importance of a legal notice is so much that in civil cases, it is mandatory to send a legal notice first before approaching the courts.

Point to note when drafting a legal notice

Before drafting a legal notice for any purpose it is highly advised that one gets help from a qualified lawyer with experience

This is because a legal notice will be amongst the first few papers that will be filed in the court at the time of litigation and therefore it must contain all the facts that are intended to be brought before the court. 

Therefore, a legal notice has to be drafted, keeping in mind that the court will scrutinize it to study the ground on which the action is being initiated. 

Getting a qualified lawyer on board will ensure that the facts are incorporated in a manner that complies with the Civil Procedure Code and its requirement.

The notice once sent, cannot be changed at the time of submission. It forms the basis for the case and thus the service of a good lawyer is evident.

What to include in a legal notice?

1.  A concise accounting of the facts of the matter that are leading to the action and claim

2. The relief that is sought to be obtained

3. The jurisdiction and the laws that the case is being brought under

How to send the Legal Notice

The Legal Notice itself must be sent via Registered Post. This ensures that there is proof that it has been delivered. This is necessary because at the time of applying, the complainant must be able to prove that all action was taken on his/her part to deliver the notice to the defendant. 

Sometimes the legal notice itself serves as an opportunity for the parties to try and come to a compromise. But just in case, the notice is not enough, the complainant that shall be filled would be a formal instrument replicating the cause of action pointed out in the Legal Notice.

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