Introduction
In the majority of cases, a legal notice serves the purpose of a final warning presented in writing to a person or entity about your grouses and seek from them a remedy. The non acceptance by the recipient of the issues mentioned in the notice can result in legal proceedings. In India, legal notices are like a stepping atone to a long drawn out legal battle. A legal notice is usually dispatched to a person or a company by an individual whose legal rights have been violated or who has got legally endangered due to a third party. The main purpose served by a legal notice is to offer the party an opportunity to settle the problem without a protracted legal battle and arrive at a simple way to make good the losses suffered by the aggrieved party.
Rationality behind the legal notice
A legal notice is totally exclusive to civil suits. A criminal suit cannot be initiated by a notice as the criminal action is the sole prerogative of the state against the culprit, so a legal notice is not required in criminal cases. One can send a legal notice to the government if one wishes to file a civil suit against the state. But, the notice should precede the suit and if you want to initiate legal action against the state. Section 80 of the Code of Civil Procedure,1908 as well makes provision for legal notice issuance against a public or government officer who trampled upon the other party’s rights in the course of their work. But the provision restrict the period to two months post the happening of the incident.
Requirement of a legal notice
If in doubt over filing a suit, a legal notice can be a good option in circumstances with no previous legal exposure.
This presents clarity over the sender’s intention to initiate legal measures to address their grievances and take proper remedies
The notice also gives an opportunity to amicably resolve the matter without the intervention of the court
This is also a way to remind the recipient regarding the loss or damage suffered as a result of his actions, which might have been intentional or unintentional
Reasons to send a legal notice
Notice can be given to the employee by the employer for infringement of any condition described in the employment contract, trying to exploit a co-worker sexually, dishonoring the HR rules of the company, leaving the job without giving suitable notice, etc.
Notice can also be issued to the employer for nonpayment of salary, breaking the employment contract, sacking devoid of justifiable reason, etc.
Notice can be served to a cheque issuer whose cheque has bounced.
Notice can be served in case of disagreement pertaining to property matters such as ownership issues, mortgage, removal of occupants, etc.
Notice can also be issued for personal matters such as divorce, child custody, bickering over inheritance, etc.
Notice can also be sent to manufacturing companies for the delivering substandard products or offering dissatisfaction services, etc.
Pointers for serving a legal notice
In case you lack experience in drawing up a legal notice, it is in your best interest to take the help of a civil lawyer to do the honors. A lawyer's signature on the notice is a must even if the same was not drafted by him or her. The notice must be crafted on a lawyer’s letter pad.
Send the notice only after finalising the content as once it is dispatched it cannot be changed.
Particulars regarding the legal damage inflicted and the required information of the receiver should be stated clearly on the notice and every relevant document must be collected accordingly beforehand.
The legal notice can be dispatched physically or via online mediums.
A specified time of 30-60 days should be given to the receiver to react to the notice
The notice should be framed in a manner that the receiver has no alternative other than to accept the terms of the sender and also eliminate the requirement of starting a legal proceeding
The stated facts and suggested remedies should be clear and genuine to the core that there should not be any scope for the receiver to deny the same. Also, the laws through which redressal is sought, must be mentioned in a lucid manner.
If the case pertains to cheque bounce then the legal notice should be served inside 30 days from the date the cheque has bounced. The legal suit can be initiated in case of non payment of the money even after 15 days of giving the notice
It is not necessary for sending a legal notice but lawyers prefer the same as it holds the hope of a compromise or reconciliation without the interference of the court. The notice is a good medium to make the intentions of the sender clear and offer the receiver a last opportunity to resolve the issue in hand peacefully without the need of prolonged court proceedings.
In case you want to send legal notice to someone , please feel free to hire legal consultants in India from BIAT Consultant
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