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A “Legal Notice” is a legal intimation sent to the opponent indicating that the aggrieved is preparing to file a lawsuit against the concern in case the demand mentioned in the relevant notice is not fulfilled.
Therefore, in a nutshell a legal notice can be defined as a formal communication to any person or a legal entity, informing the other party of your intention to undertake legal proceedings against them.
This notice, when sent, conveys your intention prior to the legal proceedings and thus, makes the party aware of your grievance.
Legal Notice is the concept describing a requirement that a party, company & person be aware of legal procedure affecting their own rights, obligations or duties.
A written document sent to someone, be it a person, company or any other entity, specifying that you have some grievances and you are preparing to file suit against him in civil court if the required demand is not fulfilled, is known as a Legal Notice.
Legal Notice is the baby step towards legal proceedings, and it acts like a warning to the person laying down conditions that need to be fulfilled, otherwise a civil suit shall be filed against him. For instance, if the tenant has not paid rent, the landlord can send a legal notice. In this case a tenant eviction notice is sent to the tenant for the nonpayment of rent. It states that if the rent is not paid before the specified date, the landlord has the right to initiate legal proceedings against him for payment of dues before a specified date or face eviction from the premises immediately.
The legal notice contains the basic averment of the affected party.
A Legal Notice can be filed for various issues as mentioned above but if one intends to file a Civil Suit against the Government then that person has to serve a legal notice to the concerned Governmental Organisation before filing a Civil Suit.
Section 80 of The Code of Civil Procedure, 1908 provides for sending of a legal notice to the Government or public officer if one wants to initiate any legal action against them for any act committed during their period of employment. The purpose of notice, in this case, is to give an opportunity to the concerned officer to revaluate his action and provide a justification or offer compensation.
The Apex Court in its landmark judgment of Bihari Chowdhary & Anr vs State Of Bihar & Ors has said that the object of the section is the advancement of justice and the securing of public good by avoidance of unnecessary litigation.
It also acts like a reminder for the receiver about the acts done on his part which is creating problem.
A complete brief of the problems that the aggrieved party is facing, combined with what can be done to resolve the issue need to be clearly mentioned. The last past of the Legal notice should contain a detailed account of how relief can be obtained/problem solved if mutually agreed upon the grievance.
A perfectly crafted legal notice, can act as a mediator between the two parties and help solve the issue out of the court if both of them are willing to compromise on the issue.
It must contain the following points:
STEP 1 – Contacting a Lawyer: A legal Notice is being sent through a Lawyer and the first step is reaching out to one.
STEP 2 – Sharing Information: All the information is explained in detail to the Lawyer, like the name of the parties, addresses, issues, grievances, and the relief sought.
STEP 3 – Providing the Documents: All the necessary and required documents are provided to the lawyer for filing of the notice.
STEP 4 – Drafting: The notice is then drafted in the Legal Language by the Lawyer clearly mentioning why the notice is being sent, information about previous communications, and a stipulated time e.g 15 days, 30 days or 60 days is given to the addressee to reply.
STEP 5 – Signing: The notice is duly signed by the Sender and the Lawyer and is generally sent via Registered post or Courier with the acknowledgment receipt being retained safely. A copy of the notice is also kept by the lawyer for future reference.
Once the notice has been drafted by the lawyer
It is being signed by the lawyer and the Sender.
A copy is being retained by the Lawyer for future purposes.
The Notice is being sent through Registered Post or through Courier
An acknowledgment slip is being kept as evidence of dispatch.
Legal notices are a vital principle of the courts as it provides a platform and a chance to both the parties to reach a consensus without taking the route of the court.
IT CAN BE SENT TO ANYBODY
FOR EG : Consumer Complaint Issues: Notices in Consumer Cases are filed in issues such as complaining about Faulty products, services or any advertisement which is false or misleading for the public.
What Should You Do IF YOU Receiving A Legal Notice?
The following things are to be kept in mind once a notice is being received.
1) Reading the notice carefully: It is important to read the Notice properly in order to understand the issue and the concerns raised. If one feels that talking to the person (Sender) who has sent the notice can resolve the issue amicably then the conversation should be initiated.
2) Contacting a Lawyer: If the content is not understood properly then it is advised to contact a good lawyer who can further take the matter ahead. It is advisable to keep a record of the time of notice within which you received the notice it will be advantageous even if the opposite party files a suit against you.
3) Briefing the lawyer: The next important step is to present your side of the story to the lawyer giving information about the facts, time and events related to the issue. So that the Lawyer can draft a proper reply presenting your side of the argument.
4) Sending the reply: Once a reply of the Notice has been drafted by your lawyer it is being sent through registered post or courier and the receipt of the post is being kept. A copy of the reply is also being kept by the lawyer for future use if the Civil suit is being filed.
A “Legal Notice” is a legal intimation sent to the opponent indicating that the aggrieved is preparing to file a lawsuit against the concern in case the demand mentioned in the relevant notice is not fulfilled.
Therefore, in a nutshell a legal notice can be defined as a formal communication to any person or a legal entity, informing the other party of your intention to undertake legal proceedings against them.
This notice, when sent, conveys your intention prior to the legal proceedings and thus, makes the party aware of your grievance.
Legal Notice is the concept describing a requirement that a party, company & person be aware of legal procedure affecting their own rights, obligations or duties.
A written document sent to someone, be it a person, company or any other entity, specifying that you have some grievances and you are preparing to file suit against him in civil court if the required demand is not fulfilled, is known as a Legal Notice.
Legal Notice is the baby step towards legal proceedings, and it acts like a warning to the person laying down conditions that need to be fulfilled, otherwise a civil suit shall be filed against him. For instance, if the tenant has not paid rent, the landlord can send a legal notice. In this case a tenant eviction notice is sent to the tenant for the nonpayment of rent. It states that if the rent is not paid before the specified date, the landlord has the right to initiate legal proceedings against him for payment of dues before a specified date or face eviction from the premises immediately.
The legal notice contains the basic averment of the affected party.
A Legal Notice can be filed for various issues as mentioned above but if one intends to file a Civil Suit against the Government then that person has to serve a legal notice to the concerned Governmental Organisation before filing a Civil Suit.
Section 80 of The Code of Civil Procedure, 1908 provides for sending of a legal notice to the Government or public officer if one wants to initiate any legal action against them for any act committed during their period of employment. The purpose of notice, in this case, is to give an opportunity to the concerned officer to revaluate his action and provide a justification or offer compensation.
The Apex Court in its landmark judgment of Bihari Chowdhary & Anr vs State Of Bihar & Ors has said that the object of the section is the advancement of justice and the securing of public good by avoidance of unnecessary litigation.
It also acts like a reminder for the receiver about the acts done on his part which is creating problem.
A complete brief of the problems that the aggrieved party is facing, combined with what can be done to resolve the issue need to be clearly mentioned. The last past of the Legal notice should contain a detailed account of how relief can be obtained/problem solved if mutually agreed upon the grievance.
A perfectly crafted legal notice, can act as a mediator between the two parties and help solve the issue out of the court if both of them are willing to compromise on the issue.
It must contain the following points:
STEP 1 – Contacting a Lawyer: A legal Notice is being sent through a Lawyer and the first step is reaching out to one.
STEP 2 – Sharing Information: All the information is explained in detail to the Lawyer, like the name of the parties, addresses, issues, grievances, and the relief sought.
STEP 3 – Providing the Documents: All the necessary and required documents are provided to the lawyer for filing of the notice.
STEP 4 – Drafting: The notice is then drafted in the Legal Language by the Lawyer clearly mentioning why the notice is being sent, information about previous communications, and a stipulated time e.g 15 days, 30 days or 60 days is given to the addressee to reply.
STEP 5 – Signing: The notice is duly signed by the Sender and the Lawyer and is generally sent via Registered post or Courier with the acknowledgment receipt being retained safely. A copy of the notice is also kept by the lawyer for future reference.
Once the notice has been drafted by the lawyer
It is being signed by the lawyer and the Sender.
A copy is being retained by the Lawyer for future purposes.
The Notice is being sent through Registered Post or through Courier
An acknowledgment slip is being kept as evidence of dispatch.
Legal notices are a vital principle of the courts as it provides a platform and a chance to both the parties to reach a consensus without taking the route of the court.
IT CAN BE SENT TO ANYBODY
FOR EG : Consumer Complaint Issues: Notices in Consumer Cases are filed in issues such as complaining about Faulty products, services or any advertisement which is false or misleading for the public.
What Should You Do IF YOU Receiving A Legal Notice?
The following things are to be kept in mind once a notice is being received.
1) Reading the notice carefully: It is important to read the Notice properly in order to understand the issue and the concerns raised. If one feels that talking to the person (Sender) who has sent the notice can resolve the issue amicably then the conversation should be initiated.
2) Contacting a Lawyer: If the content is not understood properly then it is advised to contact a good lawyer who can further take the matter ahead. It is advisable to keep a record of the time of notice within which you received the notice it will be advantageous even if the opposite party files a suit against you.
3) Briefing the lawyer: The next important step is to present your side of the story to the lawyer giving information about the facts, time and events related to the issue. So that the Lawyer can draft a proper reply presenting your side of the argument.
4) Sending the reply: Once a reply of the Notice has been drafted by your lawyer it is being sent through registered post or courier and the receipt of the post is being kept. A copy of the reply is also being kept by the lawyer for future use if the Civil suit is being filed.
Banking & Corporate Matters
A “Legal Notice” is a legal intimation sent to the opponent indicating that the aggrieved is preparing to file a lawsuit against the concern in case the demand mentioned in the relevant notice is not fulfilled.
Therefore, in a nutshell a legal notice can be defined as a formal communication to any person or a legal entity, informing the other party of your intention to undertake legal proceedings against them.
This notice, when sent, conveys your intention prior to the legal proceedings and thus, makes the party aware of your grievance.
Legal Notice is the concept describing a requirement that a party, company & person be aware of legal procedure affecting their own rights, obligations or duties.
A written document sent to someone, be it a person, company or any other entity, specifying that you have some grievances and you are preparing to file suit against him in civil court if the required demand is not fulfilled, is known as a Legal Notice.
Legal Notice is the baby step towards legal proceedings, and it acts like a warning to the person laying down conditions that need to be fulfilled, otherwise a civil suit shall be filed against him. For instance, if the tenant has not paid rent, the landlord can send a legal notice. In this case a tenant eviction notice is sent to the tenant for the nonpayment of rent. It states that if the rent is not paid before the specified date, the landlord has the right to initiate legal proceedings against him for payment of dues before a specified date or face eviction from the premises immediately.
The legal notice contains the basic averment of the affected party.
A Legal Notice can be filed for various issues as mentioned above but if one intends to file a Civil Suit against the Government then that person has to serve a legal notice to the concerned Governmental Organisation before filing a Civil Suit.
Section 80 of The Code of Civil Procedure, 1908 provides for sending of a legal notice to the Government or public officer if one wants to initiate any legal action against them for any act committed during their period of employment. The purpose of notice, in this case, is to give an opportunity to the concerned officer to revaluate his action and provide a justification or offer compensation.
The Apex Court in its landmark judgment of Bihari Chowdhary & Anr vs State Of Bihar & Ors has said that the object of the section is the advancement of justice and the securing of public good by avoidance of unnecessary litigation.
It also acts like a reminder for the receiver about the acts done on his part which is creating problem.
A complete brief of the problems that the aggrieved party is facing, combined with what can be done to resolve the issue need to be clearly mentioned. The last past of the Legal notice should contain a detailed account of how relief can be obtained/problem solved if mutually agreed upon the grievance.
A perfectly crafted legal notice, can act as a mediator between the two parties and help solve the issue out of the court if both of them are willing to compromise on the issue.
It must contain the following points:
STEP 1 – Contacting a Lawyer: A legal Notice is being sent through a Lawyer and the first step is reaching out to one.
STEP 2 – Sharing Information: All the information is explained in detail to the Lawyer, like the name of the parties, addresses, issues, grievances, and the relief sought.
STEP 3 – Providing the Documents: All the necessary and required documents are provided to the lawyer for filing of the notice.
STEP 4 – Drafting: The notice is then drafted in the Legal Language by the Lawyer clearly mentioning why the notice is being sent, information about previous communications, and a stipulated time e.g 15 days, 30 days or 60 days is given to the addressee to reply.
STEP 5 – Signing: The notice is duly signed by the Sender and the Lawyer and is generally sent via Registered post or Courier with the acknowledgment receipt being retained safely. A copy of the notice is also kept by the lawyer for future reference.
Once the notice has been drafted by the lawyer
It is being signed by the lawyer and the Sender.
A copy is being retained by the Lawyer for future purposes.
The Notice is being sent through Registered Post or through Courier
An acknowledgment slip is being kept as evidence of dispatch.
Legal notices are a vital principle of the courts as it provides a platform and a chance to both the parties to reach a consensus without taking the route of the court.
Yes, a legal notice can be through e-mail. However, it is advisable to send a copy of the Legal Notice to the addressee via a registered post or courier as well.
No! It’s not mandatory to reply to a legal notice, but it is advisable to reply. As it can help the Addressee if a Civil suit is being filed. The matter can be solved by common consensus, saving time and money.
Yes, a legal notice sent by Whatsapp is valid legal evidence under law. Also, the blue tick over the messaging app is valid proof that the respondent has accepted the physical copies of the communication.
There is no specific procedure for sending a legal notice for divorce. The contents of the notice can have matter dealing with the grievances and facts. It can be sent through Registered post or Courier.
The legal notice should be sent to the last known address of the Addressee, in case of individuals and registered addresses in case of companies and if the notice is returned or comes back for any reason it will be deemed that notice was served to the Addressee. There are a few cases in which sending notice is mandated by law such as cheque bounce, an application under the Insolvency and Bankruptcy Code, 2016. Also, the Sender should try sending the notice through other mediums such as Whatsapp, Email or Courier as well.
Legal notice to the employer can be sent through the Registered post, E-Mail, Whatsapp or Courier.
Yes! You can send a legal notice without a Lawyer, but it is advisable to hire a lawyer as professional writing skills and legal language makes a Notice very effective.
No! It is not mandatory. But it becomes mandatory to serve a notice under Section 80 of Code of Civil Procedure, when a person is planning to file a suit against the Government or Government body.
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As per the legal provisions, it is not mandatory to reply to a Legal Notice. But, not replying to a Legal Notice can add legal advantage to the sender if the case appears in the Courtroom. Hence, it is highly advisable to reply to a Legal Notice with the help of an experienced advocate.
WHAT IS THE LIMITATION PERIOD TO FILE A REPLY TO A LEGAL NOTICE?
Based on the instances and the provisions under which the Notice is drafted, the limitation period to file a reply to a Legal Notice varies from 15 to 45 days.
It is not mandatory to send a legal notice. But certain cases specify the requirement to send a legal notice before the case is filed in the Court. For example, under section 138 of The Negotiation Instrument Act, 1881 it is mandatory to send a legal notice for the dishonor of cheque before filing the case in the Court.
A legal notice is only a form communication of your demand to the other party. Just sending a notice does not guarantee recovery of money.
Section 80 of the Civil Procedure Code, 1908 deals with filing of Legal Notice in Civil Cases against the Govt.
Yes, we will send you a copy of the legal notice.
It is advisable to hear what the other party has to say before filing a lawsuit.
Yes, it helps in defending your case
Cost depends on the facts and circumstance of the case. Please share complete details for an estimation.
First, meet the Bank Manager and try to sort it out or else hire a lawyer and reply to this particular Notice.
A lawyer’s notice is just an information with regard to any legal liability & its consequence. If you ignore it you cannot blame the other party of not giving you sufficient notice for the legal liability & the legal remedies he or she has chosen to take against you by initiating the process of litigation. This is an opportunity for you to settle ‘out of court’ any dispute if it exists between you both & to avoid loss of time & money in unnecessary litigation. If the person sending the legal notice is not known to you & no relationship of any sort ever existed between you, then you can avoid the legal notice, & need not reply it.
Yes, We will help in replying the notice for divorce.
Consult a lawyer and present him with all the information you have regarding the issue, he will draft a reply for you and send the notice on your behalf.
Yes, We do help in drafting an effective legal Notice for Cheque Bounce case Under Section 138 of N.I. Act
Ideally you should contact a lawyer to respond to the legal notice in the most effective way.However, there is no bar to responding to the notice. In this case, you should ideally deal with all the allegations contained in the notice para-wise, with your side of the story. You should try and avoid making any admissions which would make you liable. Civil and criminal consequences can ensue from even an inadvertent admission of your liability.
Court notice is an official invitation to the court to appear on particular date and time. Lawyer notice is sort of a warning to whom it is sent . Its states a wrong/mistake one may have committed and also the legal penalty/amount that you would be subjected to if the sender of the legal notice resorts to litigation.
Normally it is 7 or 15 days from the receipt of the Legal Notice.It depends on facts and circumstances or seriousness of matter, time limit will obaviosly be mentioned in any legal notice to revert back.
If legal notice is not replied then one can go ahead with the legal steps which has been warned if not replied in stipulated time and you may use it as an advantage while drafting the petition and put blame for not complying with the requirements of notice which has become the root cause for filing the case.
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