How do you deliver a legal notice in India?

 How do you deliver a legal notice in India?

In cases of violation of contracts, marital disputes, negotiable instruments, etc., parties in civil proceedings frequently send legal notices. A notice is a very helpful technique to save money and time for the parties and offers them the opportunity to come to an agreement. This post will provide comprehensive information on the fundamentals of sending a legal notice in India.

What is an official notice?

A Legal Notice is essentially information or notification in plain and unambiguous language that a person or entity communicates to another person or entity to perform or refrain from performing specific acts, failing which the sender of the notice may seek legal remedy. In simple terms, it is a formal notice informing the recipient that legal action will be taken against him or her. It is a prerequisite before filing a lawsuit.

The individual that sends the notice is known as the Sender, while the recipient is known as the Addressee. A notice affords the recipient the opportunity to express his side of the story in an amicable manner outside of the legal system. A notice is only served when it is delivered or when the recipient refuses to accept it.

In any situation, the notice's objective is to inform its recipient, i.e. the addressee, exactly and explicitly of the Sender's intent. Not only must there be clear evidence of the notice's dispatch, but for the Sender to be held liable, there must also be clear evidence of the notice's receipt by the addressee.

A Legal Notice is a notification that is submitted only in Civil Cases such as the

Property-related disputes

Matrimonial Issues

Questions pertaining to Negotiable instruments

Sexual Harassment on the Job

Nonpayment of Compensation

Questions pertaining to the payment of insurance claims, etc.

How do you compose a Legal Notice?

A Legal Notice can be filed for the aforementioned reasons, however if one wishes to launch a Civil Suit against the Government, he or she must first serve a legal notice on the relevant Governmental Organization.

Section 80 of the Code of Civil Procedure of 1908 stipulates that a legal notice must be sent to the government or a public servant in order to commence legal action against them for an act done while their employment. In this instance, the goal of notification is to allow the relevant official to reconsider his decision and provide justification or compensation.

In its seminal decision Bihari Chowdhary & Anr vs. State of Bihar & Ors, the Supreme Court stated that the purpose of the clause is to advance justice and protect the public interest by avoiding superfluous litigation.

The following are the steps involved in drafting a Legal Notice:

FIRST STEP - Contacting an Attorney: A legal notice is being sent through an attorney, thus the initial step is to contact one.

The second step involves sharing information with the attorney, including the parties' names, addresses, issues, complaints, and the relief sought.

All relevant and required documents are submitted to the attorney for the filing of the notice in the third step.

The notice is then drafted in the Legal Language by the Attorney, with a clear explanation of why it is being sent, information regarding earlier communications, and a deadline for the addressee to respond, such as 15 days, 30 days, or 60 days.

STEP 5 - Signing: The notification is duly signed by both the Sender and the Attorney, and it is often sent via Registered mail or Courier, with the acknowledgment receipt kept safely. The attorney also keeps a copy of the notice for future reference.

Important Details for a Legal Notice

Before sending the legal notice to the addressee, it must be formatted correctly and contain all pertinent information. The legal notice is the initial stage in a legal proceeding.

Basic Information: The name, address, and description of the Sender are included in the notice in a clear and accurate manner.

Statements Supporting the Cause of Action The content of the notice is often organised in paragraphs, with each paragraph containing statements supporting the cause of action. This also includes the important facts of the case and the Sender's complaints against the recipient. Additionally, previous conversation is provided.

3.Relief Requested: The concluding paragraph should provide a clear description of the relief sought by the Sender along with an appropriate justification.

How should a Legal Notice be transmitted?

Once the notice has been drafted by the attorney, the first step is to serve it.

The document is then signed by the attorney and the sender.

The Lawyer will maintain a copy of the document for future use.

The Notice is sent via Registered Mail or Courier in the fourth step.

5. An acknowledgment slip is maintained as proof of shipment.

When should a Legal Notice be sent?

As previously stated, Civil Cases include the filing of a Legal Notice. In Criminal Cases, the State issues warrants in the event of a crime. The instances where Legal Notice may be sent are:

Consumer Complaint Issues: Notices in Consumer Cases are filed for issues such as complaining about defective items, services, or advertisements that are false or deceptive to the public.

Property Issues: Numerous lawsuits in India include property disputes. Land disputes are the most prevalent type of case in Indian courts. 25% of all cases adjudicated by the Supreme Court contain land issues, of which 30% entail an acquisition; while according to polls, 66% of all civil lawsuits in India involve land or property conflicts. Common Property matters for which notices can be sent include:

Question of split between Family

Delay by the builder in transferring ownership of the property.

Removing the tenant

Complaints Against the Employer: Employees of a company are permitted to provide notice to their employers regarding issues such as those listed below.

Unjustified termination

Sexual harassment

Misuse of authority

Nonpayment of Compensation

Complaints against the Employee: Similar to the employee, the employer has the authority to provide notice to the employee for violations of company policy.

Violation of the terms and conditions of the employment contract

Accusation of sexual harassment

Personal Conflicts: Personal disputes can also be brought to court through the service of a legal notice. These conflicts between spouses are

Divorce

Child Support for the Child in Custody

Restoration of Marriage Rights

Contravention of the premarital agreement

When a check bounces, a notification can be issued to the check's issuer. In accordance with Section 138 of the Negotiable Instruments Act, legal action may be brought against the check's issuer.

"A legal notice establishes the basis for a fair trial by affording the addressee or responder the opportunity to express his side of the story. In order for the government to comprehend the situation and provide a just resolution, Section 80 of the Code of Civil Procedure requires that a notice be sent in government-related matters, according to attorney Pushkar Taimni.

After receiving a legal notice, what should you do? - Response to Legal Notification

It is prudent to respond to a notice within the allotted period, as failure to do so may benefit the addressee.

Once a notice has been received, the following considerations must be made.

1) Thoroughly reading the notice It is essential to carefully read the Notice in order to comprehend the issue and the concerns presented. If the matter can be resolved amicably by speaking with the individual (Sender) who submitted the notice, then the dialogue should be launched.

2) Contacting a Lawyer If the content is not well understood, it is recommended to contact a competent attorney who can take the matter forward. Even if the opposing party files a lawsuit against you, it is advisable to have a record of the date and time you received the notice. This will be useful.

3) Briefing the attorney The next crucial step is to convey your side of the story to the attorney by providing information about the relevant facts, dates, and events. In order for the attorney to create an appropriate response presenting your side of the case.

4) Sending the response: Once your attorney has drafted a response to the Notice, it is sent through registered mail or courier, and the receipt of the mail is kept. A copy of the response is also preserved by the attorney for future use in the event that a civil action is filed.

The benefits of a legal notice

Legal notices are an essential aspect of the judicial system because they offer the parties an opportunity to negotiate an agreement outside of court.

A legal notification affords both parties the opportunity to achieve a consensus. It affords people the opportunity to voice their issues and criticisms.

Saves time: We are all familiar with the length of time it takes to resolve court matters, which is arduous and time-consuming for both sides. The procedure of giving notice affords the parties the opportunity to save time.

It is a well-known truth that the litigation process consumes a great deal of money; the practise of communication through notice provides a middle ground for the parties.

Legal notice is an essential component of the adjudication process, as it provides fair and reasonable opportunities to address disputed issues and informs the parties of the legal action.

"A legal notice is a notification to the recipient concerning a legal matter. It is the initial step in a civil suit. It is an opportunity for the parties to resolve a dispute without court intervention. A favourable Legal Notice communication saves a substantial amount of time and money." says Advocate Pushkar Taimni.

Can a legal notice be sent by electronic mail?

Yes, legal notices may be sent by email. However, it is also recommended to deliver a copy of the Legal Notice to the recipient through registered mail or courier.

Is a response to a legal notice required?

No! A response to a legal notice is not required, although it is encouraged. As it can aid the addressee in the event a civil claim is initiated. The issue can be resolved by consensus, so saving time and money.

Can legal notification be delivered via WhatsApp?

Yes, a legal notice issued via WhatsApp is admissible in court. In addition, the blue checkmark on the messaging app is sufficient evidence that the recipient has accepted the physical copies of the communication.

How can I send a legal divorce notice?

There is no particular procedure for sending a divorce notification. The contents of the notice may include grievance-related and factual material. It may be sent via Registered mail or via courier.

What happens if the recipient cannot be reached?

The legal notice shall be sent to the last known address of the Addressee, in the case of persons, and to the registered address of the Addressee, in the case of companies, and if the notice is returned or returned for any reason, it will be presumed that the notice was served on the Addressee. In a certain instances, sending notice is required by law, such as in the case of a bounced check, according the Insolvency and Bankruptcy Code of 2016. In addition, the sender should also attempt to deliver the notice through Whatsapp, email, or courier.

How do you provide legal notification to your employer?

Legal notification to the employer may be delivered via Registered mail, email, WhatsApp, or courier.

Can I send legal notice without the assistance of an attorney?

Yes! It is possible to send a legal notice without a lawyer, but it is advised to do so since professional writing abilities and legal language make a Notice extremely powerful.

Is it required to send a legal notice prior to launching a lawsuit?

No! It is not required. Section 80 of the Code of Civil Procedure requires the service of a notice when a person intends to file a lawsuit against the government or a government agency.