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LEGAL NOTICE

WHAT IS A LEGAL NOTICE?

A legal notice is a written document sent by one person to another

with respect to any ambiguity or grievance or potential lawsuit. Here, ‘person’ includes individuals, companies, government officials etc.


Normally, a legal notice is sent as a precursor to a probable lawsuit.

The purpose of a legal notice can be anything ranging from a warning

to a legal mandate under certain provisions. The receiver can either comply with the conditions or actions listed out in the notice or may disregard it and proceed with the lawsuit against him.

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SITUATIONS FOR LEGAL NOTICE

There can be several situations which may call for execution of a legal notice. These situations could be:

  • Assignment by Assignee

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  • Dissolution of Partnership

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  • Employment Termination

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  • Property Dispute​​

  • Consumer Complaint

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  • Check Bounce

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  • Divorce

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  • Tenant Eviction

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  • Termination of guarantee for faithful service of employee​

  • Non-payment of Salary

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  • Refund of Money

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  • Non-payment of Dues

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  • Recovery /collection of money​

IMPORTANCE OF LEGAL NOTICE 

Sending a legal notice generally marks the commencement of potential litigation. If the terms of the legal notice are met with or the grievance referred to, is resolved, there would be no ground for a cause of action and the notice would have served its purpose. However, in certain situations, if these grievances are not addressed, it becomes important to have served a legal notice before initiation of a lawsuit.


However, in some cases, it becomes mandatory by virtue of the law to serve a legal notice before commencement of any legal proceedings. Such situations may include but are not limited to check bounce and proceedings against the government or a public officer.


Additionally, serving a legal notice may resolve a dispute in its initial stage itself, before it transforms into a lawsuit. Hence, saving the time and resources of both the parties and also giving a fair opportunity to the receiver to express their rebuttal.

CONTENTS OF A LEGAL NOTICE

A legal notice must contain several essential elements for it to be effective. It must include the sender’s details, the receiver’s details (as far as can be ascertained), grievance, and how the receiver can resolve their liability with respect to the grievance. In special circumstances such as a notice under Section 80 of the Civil Procedure Code, 1908, the notice shall contain the following:

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  • Details including address and name of the sender

  • Description of grievance (cause of action)

  • Relief or action sought by the sender

  • Basis for the cause of action (right(s) violated)

FAQ's

Q

What is the limitation period for initiating a legal notice?

A

There is no set limitation period for sending a legal notice except in certain circumstances.

Q

Is it mandatory to send a legal notice?

A

No, it is not mandatory to send a legal notice except in certain circumstances.
Although, it is generally advisable to send a notice before initiating a lawsuit.

Q

What if there is no reply received to a notice?

A

In such cases, it becomes important to establish that the notice was duly received by
the receiver and yet was not replied to. This helps in tipping the scales in favour of the
sender hence, increasing the chances of a favorable adjudication.

Q

Is it mandatory to reply back to a notice?

A

No, it is not mandatory to reply back to a legal notice but is advisable to do so.

Q

Does a legal notice require to be stamped?

A

No, it is not required to stamp a legal notice.

Q

Is a legal notice required to be notarized?

A

No, a legal notice is not required to be notarized.
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