LEGAL NOTICE FORMAT AND PROCEDURE

  • LEGAL NOTICE FORMAT AND PROCEDURE

    Date : 29-06-2019 10:52


    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:

    1.      It saves time and also the cost of litigation if the parties are complying with the demand of the notice.

    2.       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.

    3.       It is a legal requirement/ obligation which should have been compiled for the purpose of initiation of the suit.

    §  Contents of Legal Notice:

    Essentially the legal notice it consists of the following things:

    1.      Brief statement of the material facts which is giving rise to the claim;

    2.      Relief sought by the plaintiff against each named defendant;

    3.      Brief summary of the legal basis for the relief that is sought

    Types of Legal Notices:

    1.      Legal Notice for Tenant Eviction

    2.      Legal Notice against Employee and Employer/Company

    3.      Legal Notice of Cheque Bounce

    4.      Legal Notice of Consumer Dispute

    §  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.

    §  Procedure:

    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.

    If 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 notice and send it to the opposite party. Lawtendo is an intuitive online platform that makes it speedier and simpler to discover and contact the finest Attorneys in any city/court in India.

    Lawtendo has around 15000+ lawyers across India in our platform & have successfully solved 15,000 cases. Lawtendo strives to facilitate cost-efficient and quality legal service to our clients. You can contact Lawtendo  online for Legal Consultation or contact us at +91-9671633666 or info@lawtendo.com.

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