{"id":31146,"date":"2020-04-22T19:19:47","date_gmt":"2020-04-22T13:49:47","guid":{"rendered":"https:\/\/enterslice.com\/learning\/?p=31146"},"modified":"2020-04-22T19:19:49","modified_gmt":"2020-04-22T13:49:49","slug":"important-aspects-about-legal-notices-and-implications-in-india","status":"publish","type":"post","link":"https:\/\/enterslice.com\/learning\/important-aspects-about-legal-notices-and-implications-in-india\/","title":{"rendered":"Important aspects about Legal Notices \u2013 Their implications in India"},"content":{"rendered":"<h2 class=\"wp-block-heading\">Overview<\/h2>\n\n\n\n<p class=\"has-drop-cap\">Human conflicts are inevitable. Sometimes the conflicts end up in the courtroom, but before that, you may inform them about initiating legal proceedings against them via a Legal Notice. There may be occasions when a person may contemplate taking legal action against a person or an entity because of the conflict. These conflicts may pertain to the <a class=\"glossaryLink\"  aria-describedby=\"tt\"  data-cmtooltip=\"&lt;div class=glossaryItemTitle&gt;Property&lt;\/div&gt;&lt;div class=glossaryItemBody&gt;Property refers to the legal designation of ownership over valuable items or assets held by an individual or a business. This ownership grants the holder certain legal rights to use, consume,(...)&lt;\/div&gt;\"  href=\"https:\/\/enterslice.com\/learning\/terms\/property\/\"  data-gt-translate-attributes='[{\"attribute\":\"data-cmtooltip\", \"format\":\"html\"}]'>property<\/a> dispute, consumer complaint, divorce, eviction, etc. The first stage of legal proceedings is sending a <strong><em><a href=\"https:\/\/enterslice.com\/legal-notice\">legal notice<\/a><\/em><\/strong>. In this article, we shall have a clear understanding of the meaning, procedure, and reasons for sending legal notices.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Meaning of Legal Notices<\/h2>\n\n\n\n<p>Legal\nNotices are a formally written document which is sent by the aggrieved party,\nthat party could be a person or an entity. It is sent to warn the recipient\nconcerning something that has caused a disadvantage to the sender due to the\nactions or omissions of the recipient. A legal notice contains the facts and\nnotifies the recipient about a possible court case, if the grievance of the\nsender is not resolved.<\/p>\n\n\n\n<p>&nbsp;A legal notice may be sent to an individual or\nan institution informing them about the reason why a legal action could be\ninitiated against them. The party who receives the notice is given enough time\nto respond to that notice. It serves as a final warning to the receiver if not\nadhered to may lead to a formal proceeding in court.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">What is the importance of Legal Notices?<\/h2>\n\n\n\n<p>There\nmay be some circumstances where you are required to send legal notices in order\nto resolve the matter. It has some important aspects that help in resolving a\nmatter. <strong>A legal notice may be served as\na warning that enumerates the intention of the sender to initiate a legal\nproceeding against the recipient for resolving a matter.<\/strong> It may compel the\nother party to send its response in no time to ensure that the recipient\ndoesn&rsquo;t have to circle the court.<\/p>\n\n\n\n<p>A\nlegal notice may also provide the opportunity to the recipient of the notice to\ncordially resolve the issue rather than taking the whole matter to court. The legal\nnotice allows a person to describe his or her grievance with the assistance of\na lawyer. The importance of the legal notice can also be deduced from the fact\nthat it may serve as a reminder to the recipient concerning the act that might\nhave caused a problem to the sender, either intentionally or unintentionally.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">When can a person send Legal Notices?<\/h2>\n\n\n\n<p><em>There is a variety of reasons when a person may send legal notices. A few of those are discussed below.<\/em><\/p>\n\n\n\n<ul><li><strong>Property Disputes<\/strong><\/li><\/ul>\n\n\n\n<p>Legal notices can be sent in disputes related to property\nlike delayed delivery of the possession by the builder, mortgage, tenant\neviction, partition of the family property, etc.<\/p>\n\n\n\n<ul><li><strong>Notice to the Employer<\/strong><\/li><\/ul>\n\n\n\n<p>In case an employer terminates the employee, deprives them of\ntheir salaries, or violates the rights of the employees, then the employee can\nchoose to send a legal notice to the employer.<\/p>\n\n\n\n<ul><li><strong>Notice to the Employee<\/strong><\/li><\/ul>\n\n\n\n<p>In case an employee violates HR policies, is complained\nagainst a charge for sexual harassment at the workplace, or violates or\nbreaches the employment contract, then a legal notice can be issued.<\/p>\n\n\n\n<ul><li><strong>Cheque Bounce<\/strong><\/li><\/ul>\n\n\n\n<p>In case there is a dishonor of cheque under the Negotiable\nInstruments Act, then the aggrieved party can send a legal notice to the person\nwho has issued the cheque for the recovery of the money.<\/p>\n\n\n\n<ul><li><strong>Default in Loan<\/strong><\/li><\/ul>\n\n\n\n<p>It is important to know that the <strong><a href=\"https:\/\/enterslice.com\/learning\/complete-analysis-debt-recovery-tribunal-in-india\/\">debt recovery process<\/a><\/strong> begins by sending a legal notice to the defaulters. An aggrieved can send a legal notice to recover money in case there is a default in loan.<\/p>\n\n\n\n<ul><li><strong>Notice to Consumer Forums<\/strong><\/li><\/ul>\n\n\n\n<p>A consumer can send a legal notice if there is a defect in\nthe product or service provided, and the same can be asked to be fixed or\nreplaced.<\/p>\n\n\n\n<ul><li><strong>Personal conflicts<\/strong><\/li><\/ul>\n\n\n\n<p>A person may send a legal notice in case of personal disputes\nsuch as divorce, child custody, maintenance, etc.<\/p>\n\n\n\n<p>There\nare several other incidents where legal notices can be of supreme value. It\nworks as a tool to save time and money, and further may facilitate alternate\nmeans of settlement of disputes like mediation, conciliation, etc.<\/p>\n\n\n\n<div class=\"read\"><p><b>Read, More:<\/b> <mark><a href=\"https:\/\/enterslice.com\/learning\/format-of-legal-notice-for-poor-internet-services\/\" target=\"_blank\" rel=\"noopener noreferrer\">Format of Legal Notice for Poor Internet Services<\/a><\/mark>.<\/p><\/div>\n\n\n\n<h2 class=\"wp-block-heading\">What are the contents of a Legal notice?<\/h2>\n\n\n\n<p>A\nLegal Notice should contain all the essential information. It is a part of\ncivil cases wherein the parties to a dispute may settle the cases outside the\ncourt, but that is not possible with criminal cases. The prime object of\nsending the legal notice is to notify about the grievance and seek the remedy\nto it. Therefore the notice must contain all the essential information.<\/p>\n\n\n\n<p>A\nlegal notice consists of the name and address of the sender. It shall further\nexplain the cause of action, which means why the legal notice is being sent. It\nshall state the fact and the relief sought by the sender. The facts specified\nin the notice must be accurate and correct; otherwise, the lawsuit may be\ndismissed. It shall further enlist the legal <a class=\"glossaryLink\"  aria-describedby=\"tt\"  data-cmtooltip=\"&lt;div class=glossaryItemTitle&gt;Basis&lt;\/div&gt;&lt;div class=glossaryItemBody&gt;In finance, the &amp;quot;basis&amp;quot; is a term with several applications, including representing the difference between the spot price and the future contract price of an asset, which is vital in investment(...)&lt;\/div&gt;\"  href=\"https:\/\/enterslice.com\/learning\/terms\/basis\/\"  data-gt-translate-attributes='[{\"attribute\":\"data-cmtooltip\", \"format\":\"html\"}]'>basis<\/a> for such relief. The relief\nmentioned in the notice allows the recipient an opportunity to settle the\nmatter outside the court, thereby saving time and money. The notice shall\nmention the provision of law under which the sender can take action against the\nrecipient. The notice shall be signed and stamped by the advocate who is\nsending it.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Is it necessary to send legal notices?<\/h2>\n\n\n\n<p><strong>Under section 80 of the Civil Procedure Code, 1908<\/strong>, serving a legal notice before the filing of a suit is mandatory if the opposite party is a Government or a public officer. However, often it is noticed that lawyers practically send a legal notice before the institution of civil cases. It is critical to know that it is not necessary to send a legal notice in all civil cases except when it comes to filing a suit against a government or a public officer; however, mostly, it is sent with a view to initiate a lawsuit.<\/p>\n\n\n\n<p>The\nlegal notices may be sent to bring to the notice of the opposite party that by\nsending the legal notice, the sender is looking to make the last bit effort to\nsettle the matter and it also provides credibility to the notice of the sender\nas it clearly enumerates the liabilities of the recipient.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">How to file a legal notice?<\/h2>\n\n\n\n<p>The\nfiling of a legal notice is an extremely crucial step; therefore, drafting it\nin a casual manner may cost you big time. Such notices hold legal importance;\ntherefore, one must be careful with respect to the words used and facts made\nbecause once a notice is sent with information, then it cannot be amended, and\nit shall be treated as the legal stand of the sender. The process of filing Legal\nNotices is mentioned in detail below.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\"><strong>Step 1<\/strong><\/h3>\n\n\n\n<p>Look\nfor an advocate who has got good drafting skills. The notice must be addressed\nagainst the opposite party. Commonly a legal notice is sent in the English\nlanguage.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\"><strong>Step 2<\/strong><\/h3>\n\n\n\n<p>Discuss\nthe information related to the parties in detail to your advocate explaining\nthe names, addresses of the parties, and other relevant information like dates\nof transactions done, issues and problems faced by the sender during the last\ncommunication, etc. <\/p>\n\n\n\n<h3 class=\"wp-block-heading\"><strong>Step 3<\/strong><\/h3>\n\n\n\n<p>The\nadvocate will then examine the matter through the details provided by you, and\nhe may share some relevant points in the conversation. He may also, if\nrequired, look for any additional information.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\"><strong>Step 4<\/strong><\/h3>\n\n\n\n<p>Thereafter\nthe advocate begins to draft the legal notice in the legal language and states\nthe reason clearly why the notice is being sent. He shall also mention all\nprevious communication between the parties with respect to the grievances of\nthe sender. Then the advocate may provide with 15 to 20 days for settling the\nmatter either by negotiating or by performing the required function. <\/p>\n\n\n\n<p>The\nadvocates, in this case, depending on the graveness of the matter, may mention\nthe time period on behalf of the sender. He may ask either to fulfil the demand\nor seeks for a reply within the prescribed time.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\"><strong>Step 5<\/strong><\/h3>\n\n\n\n<p>After\na notice is drafted, the advocate then signs and stamps the legal notice along\nwith the signature of the client. He then sends it to the recipient via post\nand keeps with him the acknowledgement. The advocate also retains a copy of the\nlegal notices sent. <\/p>\n\n\n\n<h3 class=\"wp-block-heading\"><strong>Step 6<\/strong><\/h3>\n\n\n\n<p>The\nopposite party may reply to the notice received, or the advocate calls the\nopposite party after some time.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">What does section 80 of the Civil Procedure Code 1908 say\npertaining to Legal Notices?<\/h2>\n\n\n\n<p>Under\nSection 80 of the Civil Procedure Code 1908, when a suit is initiated against a\ngovernment official or a public officer, serving a legal notice is compulsory.\nSection 80 of the code explains that in case a lawsuit is filed against the\nCentral or a State Government, then the legal notices must be served to the\nsecretary of that Government or to the collector of that district. It further\ncontains that where the lawsuit is filed against the railways, the general\nmanager shall be sent the notice and where the suit is filed against the public\nofficer; the notice served must be either left at his office or delivered to\nhim. <\/p>\n\n\n\n<p>The\ngovernment official or the public officer to whom the notice is served is\nprovided with a time period of 2 months to resolve the matter. If any of them\nfails to resolve, then a formal proceedings can be instituted against them. The\ncompulsory provision for filing legal notice is provided to deter frivolous\nsuits against the Government.<\/p>\n\n\n\n<p>Section\n80 of the code further contains the essentials of a legal notice. It must\ninclude the name, description, and residence of the sender. Further, the code\nstates that the cause of action and the relief claimed by the sender must be\nduly mentioned in the notice.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">What does section 138 of the Negotiable Instrument Act,\n1881 say pertaining to Legal Notices?<\/h2>\n\n\n\n<p>The\nlaws stipulate for mandatorily sending a legal notice in case of cheque bounce\nto the issuer of a cheque inside 30 days time period from the date of cheque\nbounce. In case the money has not been repaid within 15 days of sending the\nlegal notice, then on can institute a legal proceeding within 30 days after the\ncompletion of 15 days period.<\/p>\n\n\n\n<p>It\nmay also amount to criminal liability under this section where the person who\nhas issued the cheque may get imprisonment of two years and or with fine. The\nnotice must contain all the relevant details of the transaction, cheque, and\ndetails of dishonour. Further, it must be signed by the advocate as well as the\npayee and is sent through registered post.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">What should I do if I receive a Legal Notice?<\/h2>\n\n\n\n<p>A\ntimely reply and a properly drafted reply is all you need in case you receive a\nlegal notice. Firstly one should read the notice carefully and understand the\nmatter. Then you may contact an advocate and inform him of all the matter and\nthe relevant information to draft a reply. Once it is drafted, it may be sent\nthrough the registered post, and the advocate retains the copy of the notice\nfor future reference.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Conclusion<\/h3>\n\n\n\n<p>Sending legal notices is the most significant step prior to the initiation of a legal suit as it may lead to resolution of the matter without circling the courtrooms. <strong>The effectiveness of a legal notice depends upon the drafting skills of the advocate and the gravity of the facts mentioned therein.<\/strong> The money spent in court cases and the time invested in them can be saved by legal notice as it may open doors for negotiations between the parties.  <\/p>\n\n\n\n<div class=\"read\"><p><b>Also, Read:<\/b> <mark><a href=\"https:\/\/enterslice.com\/learning\/how-does-legal-notice-work\/\" target=\"_blank\" rel=\"noopener noreferrer\">How does Legal Notice work?<\/a><\/mark>.<\/p><\/div>\n","protected":false},"excerpt":{"rendered":"<p>Overview Human conflicts are inevitable. Sometimes the conflicts end up in the courtroom, but before that, you may inform them about initiating legal proceedings against them via a Legal Notice. There may be occasions when a person may contemplate taking legal action against a person or an entity because of the conflict. These conflicts may [&hellip;]<\/p>\n","protected":false},"author":35,"featured_media":31151,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[2438,1931],"tags":[],"acf":{"service_id":"283"},"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v14.6.1 - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<title>Important Aspects About Legal Notices<\/title>\n<meta name=\"description\" content=\"In this article, we shall have a clear understanding of the meaning, procedure, Important Aspects and reasons for sending legal notices.\" \/>\n<meta name=\"robots\" content=\"index, follow\" \/>\n<meta name=\"googlebot\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<meta name=\"bingbot\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/enterslice.com\/learning\/important-aspects-about-legal-notices-and-implications-in-india\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Important Aspects About Legal Notices\" \/>\n<meta property=\"og:description\" content=\"In this article, we shall have a clear understanding of the meaning, procedure, Important Aspects and reasons for sending legal notices.\" \/>\n<meta property=\"og:url\" content=\"https:\/\/enterslice.com\/learning\/important-aspects-about-legal-notices-and-implications-in-india\/\" \/>\n<meta property=\"og:site_name\" content=\"Enterslice\" \/>\n<meta property=\"article:publisher\" content=\"https:\/\/www.facebook.com\/enterslice\" \/>\n<meta property=\"article:published_time\" content=\"2020-04-22T13:49:47+00:00\" \/>\n<meta property=\"article:modified_time\" content=\"2020-04-22T13:49:49+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/enterslice.com\/learning\/wp-content\/uploads\/2020\/04\/All-you-need-to-know-about-Legal-Notices.jpg\" \/>\n\t<meta property=\"og:image:width\" content=\"670\" \/>\n\t<meta property=\"og:image:height\" content=\"352\" \/>\n<meta name=\"twitter:card\" content=\"summary\" \/>\n<meta name=\"twitter:creator\" content=\"@enterslice\" \/>\n<meta name=\"twitter:site\" content=\"@enterslice\" \/>\n<!-- \/ Yoast SEO plugin. -->","authorName":"Ashish M. Shaji","authorImageUrl":"https:\/\/enterslice.com\/learning\/wp-content\/uploads\/2020\/10\/04.jpg","authorDescription":"Ashish M. Shaji has done his graduation in law (BA. LLB) from CCS University. He has keen interests in doing extensive research and writing on legal subjects especially on corporate law. He is a creative thinker and has a great interest in exploring legal subjects.","postViews":602,"readingTime":7,"nextPost":{"id":31158,"slug":"detailed-analysis-of-strategic-cost-management"},"prevPost":{"id":31136,"slug":"investment-by-non-residents-in-government-securities-through-the-fully-accessible-route"},"featuredMediaUrl":"https:\/\/enterslice.com\/learning\/wp-content\/uploads\/2020\/04\/All-you-need-to-know-about-Legal-Notices.jpg","postTerms":"Legal","_links":{"self":[{"href":"https:\/\/enterslice.com\/learning\/wp-json\/wp\/v2\/posts\/31146"}],"collection":[{"href":"https:\/\/enterslice.com\/learning\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/enterslice.com\/learning\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/enterslice.com\/learning\/wp-json\/wp\/v2\/users\/35"}],"replies":[{"embeddable":true,"href":"https:\/\/enterslice.com\/learning\/wp-json\/wp\/v2\/comments?post=31146"}],"version-history":[{"count":0,"href":"https:\/\/enterslice.com\/learning\/wp-json\/wp\/v2\/posts\/31146\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/enterslice.com\/learning\/wp-json\/wp\/v2\/media\/31151"}],"wp:attachment":[{"href":"https:\/\/enterslice.com\/learning\/wp-json\/wp\/v2\/media?parent=31146"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/enterslice.com\/learning\/wp-json\/wp\/v2\/categories?post=31146"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/enterslice.com\/learning\/wp-json\/wp\/v2\/tags?post=31146"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}