13 Dec 2019, 16:30 — 7 min read
Background: Legal notice is essentially an official communication to a person or an entity, informing the other party about the intention to undertake legal proceedings against them. In their previous article, Vakilsearch shared details about Shop and Establishment registration. In this article they explain the validity, scope and implications of a legal notice.
A legal notice in many cases works like the ultimatum sent in the form of a written document to a person or an entity to inform them about your grievances and ask them for a remedy, rejection of which will result in legal actions against them. A final warning before things go downhill is always a good sign of showing that you do not want to sever the relationship completely. In India, legal notices are the initiating step to a legal proceeding.
The basic intention of a legal notice is to give the party a chance to settle the dispute without a court proceeding and to find a simpler way to compensate for the losses incurred by the aggrieved party.
A legal notice can be sent against a person or a company by any person whose legal rights have been infringed or have suffered some legal damage because of a third party. The basic intention of a legal notice is to give the party a chance to settle the dispute without a court proceeding and to find a simpler way to compensate for the losses incurred by the aggrieved party.
A legal notice is something specific to civil suits. A notice cannot be issued for a criminal suit as the criminal action is taken by the state against the offender, so there will be no need for a legal notice in criminal cases. There is always a possibility of issuing a legal notice against the government when you intend on filing a civil suit against the state. However, the notice must be served prior to the suit and only then can you take legal action against the state. Section 80 of the Code of Civil Procedure, 1908 also provides for issuing a legal notice against a public or government officer who infringed the issuing party’s rights during the course of their work. The provision, however, limits the duration to two months after the incident occurred.
There could be a variety of reasons to send a legal notice to a person or an entity. Few of which are as follows:
Though legal notice is not mandatory to be served for all cases, lawyers, however, send it in the hope that the dispute gets resolved without having a court proceeding. Serving a legal notice is a way to establish the intentions of the sender and provide the receiver with a final chance to come to a consensus about the issue in hand without the interference of lengthy court proceedings.
Also read: 7 key legal documents required for your business
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Posted byVakilsearch Staff
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