Difference between caveat petition and legal notice

Last Updated at: October 22, 2019
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Difference between caveat petition and legal notice

 

Caveat petition is explained under Section 148A of Civil Procedure Code, 1908. Caveat petition is defined as the precautionary measure taken by an individual who holds a great fear or nervousness that some or the other case against him or her are going to be filed in the court of law related to any manner. The caveat is generally a Latin phrase which means ‘let a person beware’.

Whereas, a legal notice is filed under Section 80 of Code of Civil Procedure, 1908 and it is filed only in civil cases. All legal action can be taken only after the notice has been served upon the individual or entity one wishes to take to court. It is only this process that legalizes getting a matter to court. The notice which is sent is known as a legal notice. So, legal notice is basically an official communication to a person or an entity, informing the other party about the intention to undertake legal proceedings against them.

Caveat petition can be filed by any individual claiming a right to appear before the court, where an application is anticipated to be made, where an application is already made, in a suit or the proceeding instituted, in a suit or proceeding which is going to be instituted.

A legal notice contains information such as detailed statement and facts related to the grievance for which the action needs to be taken, alternatives or relief sought by the grieving party and how can the relief or problem in hand can be solved, a summary of facts and how they can be solved.

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After the acceptance of caveat petition by the court, it will inform the individual by whom the caveat is filed if any case as expected by him or her is filed. According to law, “the Court shall serve the notice of the application on the Caveator (person initiating caveat petition)”, which makes it compulsory not discretionary.

After the court acceptance of the caveat then it is the duty of the individual filing the caveat to serve the notice of the caveat through registered post, acknowledgment due on the individual by whom the application has been made and on the individual by whom the application is expected to be made.

A legal notice is generally a simple document but it requires a lot of exactness and accuracy and use of correct language to ensure the message sent across is perfect. A lawyer or a legal expert can help in putting forth the legal notice as per the prevailing law and wording it as per the necessity of the particular issue. A legal notice should be drafted with the issue, the relief sought and the exact time period to solve the issue is to be addressed to the other party, and should be sent through a registered post.

A legal notice can be sent personally also. One can always draft a legal notice and approve it before sending it to the other party. But due to the importance of the wording in legal notice when the case reaches the court, the citing of law under which the claim raised is necessary.

The caveat petition should consist of the information such as-

1)   Name of the court where the caveat is being filed

2)   The suit or petition or appeal no. if existing

3)   Name of the caveator

4)   Brief details of suit or appeal likely to be filed

5)   Names of possible appellants  or plaintiffs

6)   Caveator address for service of the notice when it is filed

Difference between caveat petition and legal notice

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Caveat petition is explained under Section 148A of Civil Procedure Code, 1908. Caveat petition is defined as the precautionary measure taken by an individual who holds a great fear or nervousness that some or the other case against him or her are going to be filed in the court of law related to any manner. The caveat is generally a Latin phrase which means ‘let a person beware’.

Whereas, a legal notice is filed under Section 80 of Code of Civil Procedure, 1908 and it is filed only in civil cases. All legal action can be taken only after the notice has been served upon the individual or entity one wishes to take to court. It is only this process that legalizes getting a matter to court. The notice which is sent is known as a legal notice. So, legal notice is basically an official communication to a person or an entity, informing the other party about the intention to undertake legal proceedings against them.

Caveat petition can be filed by any individual claiming a right to appear before the court, where an application is anticipated to be made, where an application is already made, in a suit or the proceeding instituted, in a suit or proceeding which is going to be instituted.

A legal notice contains information such as detailed statement and facts related to the grievance for which the action needs to be taken, alternatives or relief sought by the grieving party and how can the relief or problem in hand can be solved, a summary of facts and how they can be solved.

Get free legal advice today

After the acceptance of caveat petition by the court, it will inform the individual by whom the caveat is filed if any case as expected by him or her is filed. According to law, “the Court shall serve the notice of the application on the Caveator (person initiating caveat petition)”, which makes it compulsory not discretionary.

After the court acceptance of the caveat then it is the duty of the individual filing the caveat to serve the notice of the caveat through registered post, acknowledgment due on the individual by whom the application has been made and on the individual by whom the application is expected to be made.

A legal notice is generally a simple document but it requires a lot of exactness and accuracy and use of correct language to ensure the message sent across is perfect. A lawyer or a legal expert can help in putting forth the legal notice as per the prevailing law and wording it as per the necessity of the particular issue. A legal notice should be drafted with the issue, the relief sought and the exact time period to solve the issue is to be addressed to the other party, and should be sent through a registered post.

A legal notice can be sent personally also. One can always draft a legal notice and approve it before sending it to the other party. But due to the importance of the wording in legal notice when the case reaches the court, the citing of law under which the claim raised is necessary.

The caveat petition should consist of the information such as-

1)   Name of the court where the caveat is being filed

2)   The suit or petition or appeal no. if existing

3)   Name of the caveator

4)   Brief details of suit or appeal likely to be filed

5)   Names of possible appellants  or plaintiffs

6)   Caveator address for service of the notice when it is filed

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