Date : 29 Jun, 2019
Post By Pranjal Jain
Meaning of Legal Notice under Code of Civil Procedure, 1908: A Legal Notice is filed generally in civil cases. There is no filing of the legal notice in a criminal case, as in case of a criminal offense the act is done by the State against the person who commits the offence as the State has supreme power. In case, you want to initiate a civil suit/ case against the Government you have to give legal notice to the Government beforehand and only after that you can proceed to file a civil suit/ case against the Government.
How to draft a Legal Notice? A legal notice is commonly a notice sent by a legal practitioner on behalf of his/her client. It is not obligatory for a person to send a legal notice only through an advocate, he/she can send a legal notice on his/her own accord without the assistance of an advocate, that is also fine and will not be denied.
Mandatory or Not: It is not mandatory to send a legal notice as exists no specific provision/enactments of law that make it obligatory to issue legal notice before filing a civil suit.
A legal notice is generally given by an advocate on behalf of his/her client for the purpose of soliciting a settlement. It is issued for the acceptance of the settlement or to reject it altogether in order to avail of a civil suit or legal remedies.
1. Once the objectives are clear, an advocate shall draft a sample legal notice accordingly.
2. The draft legal notice can be reviewed by you.
3. Once you approve it, it shall be served to the other party.4. The whole process takes around 3-4 working days.
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