You Need to Know About A legal notice is issued for a variety of reasons. Usually, such a notice is issued by law or by the court. It has to be served in specific formalities. The same can be applied for a criminal case or civil suit matter as well as a commercial dispute
A legal notice is a formal communication sent by one party to another, informing them of their legal rights and obligations. It is a pre-litigation step that is taken to resolve disputes without going to court. In India, legal notices are governed by the Indian Contract Act, 1872, and the Code of Civil Procedure, 1908.
Who Has the Ability to Issue a Notice?
Any person or entity who has a legal right can issue a legal notice. This includes individuals, companies, and government bodies.
What Is the Procedure for Issuing a Legal Notice in India?
The procedure for issuing a legal notice in India is as follows:
- Draft the notice: The notice should be drafted by a lawyer or a legal expert. It should contain the details of the parties involved, the cause of action, and the relief sought.
- Send the notice: The notice should be sent to the other party through a registered post with acknowledgment due or through a courier service.
- Acknowledgment: The other party must acknowledge the receipt of the notice within 30 days.
- Response: The other party must respond to the notice within 30 days of receiving it.
The situation in Which You Can Issue a Lawyers Notice:
A legal notice can be issued in the following situations:
- Breach of contract: If one party fails to fulfill their contractual obligations, the other party can issue a legal notice.
- Defamation: If someone makes false and damaging statements about another person, the victim can issue a legal notice.
- Recovery of money: If someone owes money to another person and fails to pay it back, the creditor can issue a legal notice.
What Can You Do if You Receive a Notice?
If you receive a legal notice, you should take the following steps:
- Read the notice carefully: Understand the allegations made against you and the relief sought.
- Seek legal advice: Consult a lawyer from Vakilsearch to understand your legal rights and obligations.
- Respond to the notice: You must respond to the notice within 30 days of receiving it.
Important Dos and Don’ts!
Dos:
- Respond to the notice within 30 days.
- Seek legal advice before responding to the notice.
- Keep a record of all communication related to the notice.
Don’ts:
- Ignore the notice
- Respond to the notice without seeking legal advice
- Make false statements in your response
Myths About Not Having Residential Address:
Myth: If you do not have a residential address, you cannot receive a legal notice.
Fact: You can receive a legal notice at any address where you can be located, including your workplace.
Myths About Receiving Notice:
Myth: If you receive a legal notice, you must pay the amount claimed.
Fact: A legal notice is not a court order. You have the right to contest the allegations made against you.
Conclusion
Issuing a legal notice is an important step in resolving disputes without going to court. It is important to follow the correct procedure and seek legal advice before responding to a notice. Ignoring a legal notice can have serious consequences, including legal action against you.
FAQ:
What is the procedure of legal notice in India?
The procedure for issuing a legal notice in India involves drafting the notice, sending it to the other party through a registered post with acknowledgment due or through a courier service, and receiving an acknowledgment from the other party.
What are the 2 types of legal notice?
The two types of legal notice are a demand notice and a show-cause notice.
Can I ignore legal notice in India?
No, you cannot ignore a legal notice in India. Ignoring a legal notice can have serious consequences, including legal action against you.
