Friday, October 23, 2020

Legal Notice

To take a legal action, a Legal notice is sent by a person or an entity with respect to some grievance which are not properly taken care of by the receiver, although enough opportunity has given to resolve the problem. Legal Notice through advocate is very important to give a clear intention on the part of the sender to file a lawsuit for the purpose of resolving the issue.

Legal notice is required to send in property related dispute, employee – employer dispute in case of violation of any provision of the employment agreement, faulty services matters, in case of dishonour of cheque, in case of personal conflicts such as divorce, maintenance, child custody, etc.

A Legal Notice is generally served in civil cases. If required to initiate a civil suit against the Government there is need to serve a legal notice under Section 80 of The Code of Civil Procedure, 1908. It is provided to serve legal notice to the Government or public officer if one wants to initiate a legal action against them for any act of such public officer, claimed to be done during the course of his official duty. The purpose of the notice is to give a chance to reevaluate his legal position and to resolve the dispute without going to a court of law.

It is mandatory to send a legal notice in case of dishonour of cheque within a time frame of 30 days from the date of cheque bounce to sue in court.

A legal notice is part of only civil cases, which must contain all the relevant information. A reason thereof is that the parties can decide or settle the matter outside court only in civil cases. The receiver gets to know the grievances of the sender, through the Legal Notice. On receiving the notice, the receiver can take appropriate action to address the sender’s grievances and thus can avoid litigation. This is why; it becomes more important that a legal notice must contain all the necessary information.

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