An In-depth Guide to Legal Notice in India

The legal notice is served on the company or individual; all legal actions can be initiated. The procedure of legal notice legalises the proceedings before the Court of Law. The legal notice is the notification that was sent.

What is a Legal Notice?

A legal notice is a legal intimation issued to the opponent, indicating that the aggrieved is planning to launch a lawsuit against the company if the demand listed in the notice is not met.

As a result, a legal notice is a formal communication to any legal entity or person informing the other party of the intention to commence legal proceedings against them.

A legal notice is considered the first step in a legal proceeding in India.

Before the legal process, a legal notice explains the goal, making the opposite party aware of the grievance. It is critical to emphasise that a legal notice is only issued in civil cases according to Section 80 of the 1908 Code of Civil Procedure.

Purpose of Legal Notice

The primary goal of a legal notice is to demonstrate the party's desire to begin legal action. In addition, the goal of the legal notice is to provide the opposing party with a chance to reassess his legal position and make revisions or offer compensation without having to go to court. According to the Supreme Court, "the goal of this provision is the development of justice and the protection of the public good via the avoidance of superfluous litigation."

The legal notification is declared served only when the recipient receives or refuses to accept it, not just by posting it. This acts as proof of receipt of the notification.

The notice aids in the resolution of issues outside of the Court. The vast majority of cases are settled before the trial even begins. The notification allows the opposing party to ponder or reconsider their position. The parties might take the appropriate steps to prevent a court fight if they believe the matter can be settled. Negotiation, mediation, or arbitration can resolve the dispute between the parties.

What Does A Legal Notice Contain?

In India, a legal notification must have the following information:

• The person or corporation issuing the notice's name, address, and contact information.
• A brief and unambiguous statement of the problem or situation
• A description of why the notification is being issued.
• A plea for relief or for a specific action to be done.
• A time limit for the receiver to act.
• A remark implying that failure to act may result in legal action.
• This information must be delivered clearly and concisely.

The notification should be simple to read and should not contain any legal jargon.

Submitting a Reply to a Legal Notice

The steps involved in submitting a reply to a legal notice are given below-

Reading the legal notice carefully

It is critical to thoroughly read the notice to comprehend the issue and concerns mentioned by the other party. If the receiver of the legal notice believes that the issues mentioned in the legal notice may be handled peacefully, a dialogue should be launched immediately.

Contacting the Lawyer

If the terms of the legal notice are unclear, a knowledgeable lawyer should be consulted so that legal action can be taken. Furthermore, the receiver should preserve a record of the moment the legal notification was received, which will be useful even if the opposite party takes the case to court.

Briefing the attorney

This step must be taken with caution, and the entire situation must be raised to the assigned counsel. The lawyer must be given the required information regarding the facts, time, place, incidents, and so on relevant to the matter; this allows the lawyer to prepare an appropriate response that represents the receiver's side of an argument.

Sending the response

Once the lawyer has drafted the reply notice on your behalf, it is transmitted through registered mail or courier. The lawyer keeps a copy of the reply notice for future reference.

Advantages of Legal Notice

The Legal Notice provides the following advantages:

Warning

A legal notice gives a warning to the offender, ensuring that he is informed of the tasks that must be done or face the penalties of non-compliance.

Dispute resolution

Both parties are provided with a fair chance to resolve their issue via dialogue, mediation, or arbitration rather than dragging the case before the Court.

Amicable settlement

Because the litigation process takes time and money, it is better to settle the case directly through the legal Notice, which is a lot quicker and faster method.

The Process of Sending a Legal Notice  

• You may create a legal notice or hire a lawyer to assist you. When creating a legal notification, you should avoid using any fact that might subsequently be used against you in court. Once a legal notification is delivered, it cannot be amended, and using contrary statements in court may harm the case.
• It must be addressed to the individual with whom you have a complaint.
• It must be sent on plain paper or a lawyer's letterhead.
• The time within which the addressee must react to the legal notice must be clearly stated in the legal notice; the time duration might range from 30 to 60 days. In addition, the time frame within which the other party is anticipated to meet the expectations must be specified.
• The lawyer and the sender must both sign the legal notification.
• It must be delivered by registered mail or courier. It is recommended that the acknowledgement be kept.

Who Is Enabled to Issue a Notice?

In India, anybody with the legal authority to do so can issue a legal draught. Individuals, corporations, and government entities are all included. The notice must be issued to the person or body who is the subject of the notice.

In Which Cases A Legal Notice Can Be Issued?

The legal notice is often served in the following situations:

Notice by An Employer 

A notice can be sent for a breach of HR regulations, leaving a job without resigning, committing sexual harassment at work, violating employment agreement clauses, and so on.

Notice by An Employee 

A notice can be sent for wrongful termination, breach of the employer's rights, unpaid wages, and so on.

Property Conflicts 

Property disputes include mortgage disputes, the split of family property, the eviction of a renter on unjustifiable grounds, and so on.

Complaints from Customers

Notice can be filed against the corporation that manufactures contaminated or low-quality items, negligent service, false advertising, and so on.

Contract Breach

If the other party fails to obey the conditions of a contract or fails to fulfil the agreement in the contract, notice is issued.

Money Recovery

A notice is issued to the debtor to recover money after some time has passed.

Bounced Check

In the event of a cheque bounce, the issuer is notified.

Personal Squabbles

Conflicts over divorce, child custody, support, and the partition of maternal property, for example, may need notice.

The templates for all of the prior legal notices are the same. Notices are often sent through registered mail, although they can be presented in person. There has recently been a trend of issuing a legal notice by online methods, which has the same impact as a notice issued via post or delivered in person.

Circumstances on Which One Can Receive a Legal Notice

You may do a few things if you receive a legal notification in India. First, carefully read the notification and ensure that you understand it. You should get legal advice if you have any queries concerning the notification.

Following that, you must determine how to respond to the notification. You can ignore the notification; however, doing so may result in legal action being brought against you. Alternatively, you may opt to comply with the warning and take the necessary measures. Again, you should get legal advice before making this decision.

Conclusion

Because there are so many contracts and agreements these days, it is customary to receive legal notice. However, it is essential to properly read the legal notice and make an informed choice on your own; if you are unable to do so, a knowledgeable lawyer should be consulted. A fast response should be provided, and efforts should be made to resolve the situation through negotiation, mediation, and arbitration rather than dragging the case to court, which would involve significantly more work, time, and money.