In this blog, we will
discuss the laws relating to Legal Notice in India. The blog will also discuss essentials and types of legal notice, and the procedure to file it.
§ 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 State has supreme power. In case, you want to initiate
a civil suit/ case against the Government you have to give a legal notice to
the Government beforehand and only after that you can proceed to file a civil
suit/ case against the Government.
§ Section 80 of The Code of Civil Procedure, 1908: This section talks about
sending a legal notice to the Government or public officer if a person wants to
take legal action against the government for any act claimed to be done by
such public officer during his course of official duty until the expiration of 2
(two) months. The purpose or reason behind the giving of notice is to give
Secretary of State or the public officer a chance to evaluate his legal
position and to offer some kind of compensation or benefit without going to a
court of law.
§ Why you should send Legal Notice:
It saves time and also the cost of litigation if the
parties are complying with the demand of the notice.
It gives a prior
acknowledgment to the party against whom the notice has been served that a
suit is going to be initiated against him/her/them.
It is a legal
requirement/ obligation which should have been compiled for the purpose of
initiation of the suit.
§ Contents of Legal Notice:
the legal notice it consists of the following things:
Brief statement of the material facts which is giving rise to
Relief sought by the plaintiff against each named defendant;
Brief summary of the legal basis for the relief that is sought
of Legal Notices:
1. Legal Notice for Tenant
2. Legal Notice against Employee
3. Legal Notice of Cheque
4. Legal Notice of Consumer
§ 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 exist no specific provision/enactments of law that make it obligatory
to issue a 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.
you are having legal trouble against any person, then you can send a legal
notice to him/her before filing an actual suit. We can help you draft a legal
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