4/9/24, 11:37 PM Legal Notice in India : Procedure, Types & Reply - Simple Kanoon

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Legal Notice in India : Procedure, Types &

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4/9/24, 11:37 PM Legal Notice in India : Procedure, Types & Reply - Simple Kanoon

Introduction

Once notice has been given to the entity or person you seek to challenge in
court, you can only take legal action against them. Bringing a case to court is
made legal through this procedure. Legal notices are the notifications that were
sent. Informing the opposing party of your intention to file a lawsuit against
them by a formal communication to a person or an entity is what is meant by a
legal notice. Sending this notice informs the other party of your grievance and
expresses your intention to bring legal action before them. A legal notice
frequently works to subdue the opposing party, and the dispute is frequently
settled amicably and without a trial through productive negotiations on both
sides before the case even reaches trial. However, one can always begin court
actions after the legally required waiting period if the other party is still not
responding to the complaint.

Legal Notice under Section 80 of Civil Procedure Code, 1908

Typically, a legal notice is submitted in civil cases. Criminal cases do not require
the filing of legal notices because the State, which is the ultimate power, will
take action against the offender if there has been a criminal offence. However, if
you want to start a civil lawsuit against the government, you must first provide
them with legal notice. Only then can you actually start the civil lawsuit. Legal
notice must be sent to the government or a public official under Section 80 of
The Code of Civil Procedure, 1908 before two months have passed if you wish
to file a lawsuit against them for whatever they are accused of doing while
performing their official duties. The notice’s main goal is to provide the public
officer or Secretary of State an opportunity to reexamine his legal position and
offer some sort of compensation without going to court.

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Contents of Legal Notice

A well-written legal notice is created on the advocate’s letterhead, which

includes his address and phone number, and it must also include the
information listed below:

Title
Facts
Sender’s demand and requirements
Result and consequences

Title: The title must be concise, informative, and able to sum up the
subject of the notice. Additionally, the ideal address must be stated so
that the notice is delivered to the right location and to the right person.
Facts: The cause of the relevant notice is mentioned in this section. It is
important to be specific about the actions that have caused the sender
problems, whether they were done knowingly or accidentally. If there
have been any prior communications about the subject, those must also
be cited. Nothing crucial pertaining to the topic should be omitted.
Sender’s demand and requirements: The notice’s sender must carefully
craft and include their request in the notice. For the grievance and mental
harassment he had to endure due to the other person’s behaviour, the
sender may demand either particular performance or monetary
recompense.
Result and consequences: The legal notice must specifically state what
will happen if the terms are not followed. The penalties will intimidate the
recipient into taking the required action within the allotted period. A
reasonable amount of time, such as 20 or 30 days, should be given to the
addressee to resolve the issue through dialogue or another method.

Types of Legal Notice with samples

Tenant eviction Notice

In India, the 1948 Rent Control Act outlines the rights of tenants. A Rent
Agreement is signed by the tenant and the landlord when land is leased to a
tenant. There are some circumstances in which the landlord can initiate an
eviction lawsuit even though tenants are given rights protecting them against
forced or wrongful eviction. The landlord must first serve the tenant with a
formal notice prior to bringing an eviction action.

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Sample Tenant Eviction Notice:

ADVOCATE OFFICE Address_________

Contact No.: ______________ Email: _________________

Ref. No._____ Dated: ___________

REGISTERED A.D.

LEGAL NOTICE

To, (Name and Address of the Recipient.)

______ Son of _____

Resident of ______________

Sir,

Having instructions from and on behalf of my client _____ son of _____R/o _____, I
do hereby serve you with the following legal notice:

That my client is the owner of _____.

That my client let out the shop, SCO No.________, measuring ______sq.
metres to you in the month of _____, _____on a monthly rent of _____/- per
month plus _____/- per month as maintenance charges.
You and my client entered into a Rent Agreement on _____ for the period
of _____ months.
That it was also settled between you and my client that in case you fail to
pay the monthly rent consecutively for a period of two months to my
client, then my client shall be entitled to get the rented premises vacated
immediately and you would hand over the actual physical possession of
the rented premises to my client. (Statement of facts.)
That you have paid the rent of the rented premises to my client upto the
_____ and thereafter you have not made any payment till date. (Cause of
action.)
That my client demanded the rent due to him _____/- per month for the
months of _____ amounting to _____/.

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That as per the terms and conditions of the Rent Agreement, the said
Rent Agreement was executed for the period of only _____ months i.e.,
upto _____ and the period of tenancy has already been completed,
therefore, the Rent Agreement dated _____ has expired. Now my client is
not interested in continuing with the tenancy and wants you to vacate the
said premises. (Reason for eviction).

I, therefore, through this legal notice call upon you to pay the due amount of
rent _____/- along with maintenance charges and interest and vacate the
premises of my client immediately, within _____ days from the date of receipt of
this legal notice. (Relief demanded by the Plaintiff).

In case you fail to do so, then my client has given me clear instructions to file
legal proceedings against you in the competent court of law under the
provisions of the Indian Contract Act and other applicable laws. In that event,
you shall be fully responsible for all costs, risks and responsibilities. (Legal basis).

A copy of this legal notice is retained in my office for record and further
necessary action.

Advocate.

Cheque Bounce Notice

In case of dishonour of cheques, a legal notice is filed under Section 138 of the
Negotiable Instruments Act.

Sample legal notice in case of dishonour of cheque:

Registered A.D.

Legal Notice

To, Dated:

Mr. X, (The Name and Address of the Recipient.)

Dear Sir,

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Under the instruction and authority from my client Mr. ABC (hereinafter referred
to as my ‘client’), I do hereby serve upon you the following notice under Section
138 of the Negotiable Instrument Act, 1881:

That my client and you know each other for the last 2 years and on that
account, you demanded a friendly loan of Rs.6,00,000 from my client in
the month of June. My client loaned you the said amount.
That earlier, you issued a cheque dated 27th July 2019 for Rs.6,00,000
drawn on _______, in order to discharge your liability.
That when the cheque was presented for encashment by my client the
same was returned unpaid by the banker with the reason of “Insufficient
Funds”. My client informed you about it through telephone. (Statement of
facts)
That despite various reminders, you failed to pay the due amount to my
client. You tried to avoid the matter. This is why my client is left with no
other option but to present you with a legal notice. (Cause of action)
That you have failed to comply with the provisions of the law and also
failed to discharge your liability from your account and the same cheque
was dishonoured intentionally and willfully.
That, either you discharge your liability towards my client in the next 15
days or criminal and civil charges will be framed against you, and you can
be punished for imprisonment which may extend to two years, or with a
fine which may extend to twice the amount of the cheque, or with both.
(Relief claimed and legal basis)

Advocate

Consumer Dispute

When a person is provided with deficient goods or services, he as a consumer

can file a legal notice against the concerned person. In the legal notice, the
consumer can give a reasonable time, for instance,15 days to rectify the
deficiencies in the product.

Sample legal notice in case of consumer disputes:

REGISTERED A.D.

LEGAL NOTICE

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To,

M/s———————–

Address: (Address of the seller.)

Subject: Notice against defective goods sold by you.

Sir,

That the undersigned is a consumer as defined under Consumer

Protection Act,1986.
That we have purchased goods from you, receipt dated ________by paying
an amount of Rs. ___________. (Statement of Facts.)
That the said product is due to the following defects: (Description of the
Defects.)
That the above said act on your part has caused us great loss and
inconvenience and loss of value of money.
That, you are hereby asked to replace the said good or provide us a
refund immediately within one week of receipt of this notice. (Relief
claimed by the Plaintiff.)
In case you fail to do so, the undersigned shall be free to initiate legal
proceedings against your act of unfair trade practice and deficiency of
services under the provisions of the Consumer Protection Act, 1986 and
shall seek the refund of the amount already paid to you with interest and
damages for which you shall be liable. (Legal Basis)

This notice may be treated as the last and final communication on the issue.

Thanking you,

Yours truly,

(Name)

Address

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Employee and Employer

One of the main reasons that employees are exploited by their employers is that
they are rarely informed of their rights. Employee issues include unlawful
termination, delayed or non-payment of salaries, and more. If a salary is not
paid on time or at all, the employee may send a legal notice to the employer
demanding payment for the services provided.

Sample legal notice to the employer for non-payment of salary:

Registered A.D.

Legal Notice

To, (Name and Address of the Recipient) Dated:

Company Name
Through its Managing Director
Mr. X

Sir,

Under instruction and on behalf of my client Mr. A, S/o______,R/o_______ I do

hereby serve you with the following notice:

That my client was appointed by your offer letter dated 21st September
2018 and the salary of my client was fixed at Rs. 56000 /- per month.
(Statement of facts.)
You issued the offer letter in the name of my client and also gave him an
Identity card.
That my client did his duty regularly and with utmost punctuality.
That on 4th January, 2019 when my client went to do his duty then your
office abruptly refused to allow my client to do his duty.You told my client
his services are no longer required. Thus, you terminated the services of
my client without any reasonable cause. At the time of termination of the
services of my client, you did not pay the salary for the month of
November and 15 days salary for the month of December which comes
to Rs. 33,500/-.

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That my client visited your office from time to time and spent a huge
amount of Rs. 2500/- on the charges of traveling but you refused to pay.
Lastly on 2nd February, 2019 you clearly refused to pay the salary of
Rs.33,500/- to my client along with traveling charges. You also did not
pay amount of bonus and other service benefits which amounts to Rs.
28000/-. (Cause of action.)

I, therefore, call upon you through this Notice, to make the payment of the Rs.
90,000/- to my clients along with interest up to date, within 15 days. (Relief
claimed and a time period provided.)

In case you fail to do so, my client has given clear instructions to me to file
criminal as well as Civil Suit and Suit for Recovery in the competent court of law
and in that event, you will be fully responsible for all costs, risks, responsibilities,
expenses and consequences thereof. (Legal basis.)

A copy of this Notice is kept in my office for record and further necessary action
and you are also advised to keep the copy safe as you would be asked to
produce in court.

Advocate

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Reply to a Legal Notice

The legal notice must be responded to within the allotted period; otherwise, it
may be advantageous to the addressee. After receiving the notice, the following
considerations must be made:

Carefully reading the Legal Notice: Reading the legal notice carefully is
essential if you want to comprehend the problem and the objections put
forth by the opposite party. A conversation should be started right away
if the recipient of the legal notice believes that the issues stated in the
notice could be resolved amicably.
Contacting the Lawyer: If the legal notice’s terms are unclear, a
knowledgeable lawyer must be contacted so that further legal action can
be taken. Additionally, the receiver should preserve a record of the time
they received the legal notice as this will be useful even if the opposing
party decides to take the matter to court.
Briefing the Lawyer: This process must be thoroughly completed, and the
entire case must be escalated to the designated attorney. All relevant
facts, dates, locations, events, and so forth must be given to the lawyer in
order for them to properly represent the client’s side of an argument
while drafting a response.
Sending the reply: After your lawyer has drafted the reply notice on your
behalf, the reply notice is sent through registered mail or courier. The
copy of the reply notice is retained by the lawyer for reference purposes.

Conclusion

The procedure of legal notice is discussed in Section 80 of the Civil Procedure

Code. It makes it mandatory for the person to send a legal notice before filing a
case or lawsuit against any public office or officer or against the government in
order to inform them about it and to give them a chance to settle the dispute or
issue outside of court if the relief sought is fair, just, and appropriate. The facts,
issues, and relief are crucial components of a legal notice, and all
communications between the parties must be disclosed clearly and specifically.
Before mailing the legal notification, both the sender and the counsel must sign
it.

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Frequently Asked Questions (FAQs)

What is a Legal Notice?

Formal written communication between the parties is known as a legal notice.

The sender informs the recipient of his intent to file a lawsuit against the latter
through a legal notice. A legal notice also aids in informing the recipient of the
sender’s complaints.

What are the essentials of a Legal Notice?

The facts, issue, and relief are essential parts of a legal notice, and it must be
made explicitly known whether there has been any communication between the
parties. Before mailing the legal notification, it should be signed by both the
sender and the counsel.

What happens when you get a Legal Notice?

A legal notice informs the opposite party of the grievance by communicating

the intention prior to legal action. In accordance with Section 80 of The Code of
Civil Procedure, 1908, a legal notice is only sent in civil matters and is not sent in
criminal situations.

How much time should be given in a Legal Notice?

The time frame for responding to a legal notification often varies from case to
case and might range from 15 days to 45 days. However, the statute must be
strictly adhered to when a definite time limit is specified for the stated reason.

How many times a Legal Notice can be sent?

Usually, one Notice by the Advocate on behalf of the Client suffices. However,
the client has the right to provide a second notice for a new cause of action if
the facts and circumstances of the case change. It is not advisable to issue a
second notice based on the same facts and circumstances as those in the legal
notice.

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