Immense Value of Legal Notice
What is a Legal notice?
It is accepted that written words are more important than oral words as set up archives are kept as an account. Along these lines, at the hour of debate written records are utilized for addressing the matter. Legal notice is a written record that is drafted on legal agreements for which an individual gets legally bound to recognize it. Legal notification is drafted against objections of individual or private issues, grumblings against manager or representatives, issues emerging in the work environment, check bob, separation, to name a few. The individual who gives a lawful notification needs to inform the individual against whom the legal notification is to be given about giving of notice.
So, basically a legal notice is a formally written document sent by the aggrieved party, which serves as a final warning to the receiver, if not adhered to may lead to a formal court proceeding.
What is the validity of a legal notice?
A legal notice is only sent in civil cases, in criminal cases the process is initiated by the state against the offender. In case, a person wants to initiate legal action against the State/ public officer for any action questionable in his official capacity, the provisions for such a notice are given under Section 80 of the Code of Civil Procedure. It clearly mentions the conditions and process which includes that the legal notice shall be filed within 2 months of the objectionable act committed by the public officer.
Why do we need a legal notice?
A legal notice is a formal communication to the other party of the intention to initiate a legal proceeding and to afford the other party a final opportunity to settle the dispute outside the court of law and avoid the litigation expenses, since we all know that India’s Judicial System is quite costly. So, most of the time people try to solve their matter through alternatives such as arbitration, mediation, negotiation based on legal notices only.
- To settle the matter before trial, so that it time as well as cost effective
- An individual with the help of his advocate can describe his complaints
- The receiver of the notification comes to think about the demonstrations that he has been blamed for
- It is a key to filling the case into courts of law if the issue is not resolved
When can a person send legal notices?
Legal notices can be issued in the following situations:
- Disputes related to property like delayed delivery of the possession by the builder, mortgage, tenant eviction to name a few.
- In case a business ends the worker, denies them of their compensations or disregards the privileges of the representatives.
- In case an employee violates HR policies, is complained against a charge of sexual harassment at the workplace or violates/ breaches the employment contract.
- In case there is a dishonor of check under the Negotiable Instruments Act, then, at that point, the bothered party can send a notification to the individual who has given the check for the recuperation of the cash.
- An aggrieved can send a notice to recover money in case there is a default in loan.
- A customer can send a notification if there is an imperfection in the item or administration gave and the equivalent can be approached to be fixed or supplanted.
- In case of personal disputes like separation, child custody, maintenance to name a few.
What are the contents of a legal notice?
Since the prime object of sending the legal notice is to notify about the grievance and seek the remedy to it, it should contain all the essential information.
A legal notice consists of the name as well as the address of the sender. It should explain the cause of action, which means why the legal notice is being sent. It should further state the fact and relief sought by the sender. The facts specified in the notice must be accurate and correct otherwise the lawsuit mightget dismissed. It should further enlist the legal basis for such relief and the relief mentioned in the notice allows the recipient an opportunity to settle the matter outside the court in ways like arbitration, negotiation etc. The notice should mention the provision of law under which the sender can take action against the recipient. The notice should be signed and stamped by the advocate who is sending it.
Drafting a legal notice:
- a) The initial step prior to sending a legal notice ought to be to look for a legal counselor with great drafting abilities. The notification could be drafted by one on his/ her own self. However, it is encouraged to enlist a legal advisor as they handle such matters on an everyday premise and will actually want to direct you better. It is significant that while instructions the legal advisor, no subtleties are missed and a legitimate noteworthy case is fused in the legal notice.
- b) While briefing your legal advisor, be prepared with a list of parties involved, the addresses of the parties (where the legitimate notification is to be sent), a rundown of occasions with dates and subtleties, and whatever else that can fortify your case.
- c) Make sure that the legal counselor, has painstakingly joined every one of the subtleties of the occasions which prompted the debate, if not, quickly inform the advocate of the same and get the essential changes made.
- d) As referenced prior, the lawful notification likewise joins an assertion of settlement, which is additionally a settlement of offer, which is given to the contrary party and a sensible time is stood to them for settling the matter external the court. Commonly, the time given to the contrary party to react relies upon a case-to-case premise, notwithstanding, in day-by-day practice, it is generally anyplace between 15 to 45 days, with different elements influencing the decision, which is better perceived by the legal counselor.
- e) Once you and your legal counselor are happy with the lawful notification, a marked duplicate is shipped off the contrary party, and a duplicate of the equivalent is kept with the legal advisor.
If you are someone who needs to send a legal notice or are someone who has received a legal notice, contact the best the high court lawyers in Mumbai for assistance.