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Internship Article - Legal Notice Format
Internship Article - Legal Notice Format
Introduction
All forms of formal communication have a pre-planned arrangement which every person who
indulges in it, has to follow. This pre-planned arrangement is known as a format. Legal
Notice is one such type of formal communication which has its own format which details
how and what information needs to be provided in the notice.
It is necessary for a person to stick to the format of legal notice while drafting it. A
well-drafted legal notice helps a person to avail the quickest remedy. It makes the recipient
agree to the terms of the party who is sending the notice and thus eliminates the need to take
the matter to court.
It works as a last warning to the receiver to fulfil a certain condition if he does not want a
court battle.
It is a tool to save time and cost of litigation as it opens the door for the parties to settle the
matter through negotiation, mediation or arbitration.
A legal notice has different significance for both the sender and the receiver.
The sender sends a legal notice to communicate his grievances and to seek appropriate
remedy.
Through the notice, the receiver gets to know the grievances of the sender. The receiver after
receiving the notice can take appropriate action to address the sender’s grievances and thus
can avoid litigation.
This is why, it becomes all the more important that a legal notice has all the necessary
information.
Illustration:
If ‘A’ gives a loan to ‘B’. There is an agreement between the parties that ‘A’ will pay back the
loan within 6 months. After 6 months, ‘B’ fails to repay the loan. In this situation, ‘A’ can
send a legal notice to ‘B’ to recover the due amount.
If the sender, ‘A’ hires a lawyer for drafting the notice, then the notice will be drafted on the
lawyer’s letterhead.
A legal notice must contain all the relevant facts of the case. It should detail the cause for
filing the suit. The facts mentioned in the legal notice must be accurate otherwise the suit
may be dismissed1
In a money recovery case like the one illustrated above, the facts would be stated as follows,
http://www.newindianexpress.com/cities/chennai/2017/jan/02/a-typographical-error-in-legal-notice-proves-costl
y-for-petitioner-1555222.html
6. …
Relief by Plaintiff
The relief that the aggrieved party is seeking must be mentioned in the notice. It lets the
recipient know what the aggrieved party wants, so that he can rectify the issue and thus can
settle the matter outside the court.
In the legal notice that 'A' sends to 'B', the amount of money due to him by 'B' should be
specifically mentioned along with the interest accrued on the loan.
In the above case for money recovery, 'A' can initiate proceedings against 'B' under Order 37
of The Civil Procedure Code, 1908.
In India, the rights of tenants are given in Rent Control Act,1948. When land is leased to a
tenant, a Rent Agreement is signed between the tenant and the landlord.
Even though, tenants are provided with rights which protects them against forced or unlawful
eviction, there are certain grounds on which the landlord can file an eviction suit. Before
filing an eviction suit, first the landlord has to send a legal notice to the tenant.
REGISTERED A.D.
LEGAL NOTICE
Resident of ______________
Sir,
Delayed or non-payment of salary, wrongful termination etc. are some of the problems faced
by the employees.
In case of delayed or non-payment of salary, the employee can send a legal notice to his
employer and claim the money due to him for the services rendered.
Registered A.D.
Legal Notice
Mr. X
Sir,
In case of dishonor of cheques, a legal notice is filed under Section 138 of the Negotiable
Instruments Act.
To, Dated:
Mr. X, (The Name and Address of the Recipient.)
Dear Sir,
1. 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.
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.
REGISTERED A.D.
LEGAL NOTICE
To,
M/s———————–
4. That the above said act on your part has caused us great
loss and inconvenience and loss of value of money.
2. If the suit is filed against railway, then the General Manager will be served with the
notice;
3. If the suit is filed against Government of Jammu and Kashmir, the Chief Secretary to
the government or any other authorized person will be served with the notice;
4. If the suit is to be filed against a public officer, then the notice should be delivered to
him or left at his office.
The Government or the officer who is served with the notice are provided with a timeframe
of 2 months to resolve the issue. In case they fail to do so, a formal legal proceeding can be
initiated against them.
This mandatory requirement is made to discourage frivolous lawsuits against the government.
Section 80 also states what essential information must be there in the notice. This information
includes,
1. The Name, Description, Residence of the person sending the notice;
2. The cause of action for filing the notice;
3. The relief/compensation claimed by the plaintiff.
If a person avails services of a lawyer for drafting the notice, then the notice should be typed
on the lawyer's letterhead.
A legal notice should contain all the material facts of the case. It should have the recipient's
name and address.The legal notice can be sent by the person himself or his lawyer.
In the legal notice, the cause of action for filing the suit must be mentioned. It should also
state all previous communications regarding the cause of action.
The aggrieved party should give a reasonable time to the recipient to settle the matter. The
matter can be resolved by:
1. Addressing the grievances of the aggrieved party, or
2. Negotiating on the matter, or
3. Performance of the desired action by recipient.
The notice is sent through Registered Advocate's post. A copy of the notice is kept by the
sender or by his lawyer.
These days, courts are overburdened with cases. Because of this nowadays, litigation is the
last resort for anyone who wants to have a quick solution to his problem.
A formal legal proceeding is a very slow and costly process. This is why before filing a suit,
one should always file a legal notice. It is important to file a legal notice because of the
following reasons:
1. Through a legal notice, the plaintiff can convey his grievances to the recipient in a
detailed manner.
2. The receiver of the notice can address those grievances to save himself from a formal
legal proceeding.
3. The matter can be settled outside the court without getting into the hassle of litigation.
4. Legal notice gives an opportunity to parties to settle their dispute through Alternative
Dispute Resolution mechanisms.
CONTACT NO.________________________________________
To,
2- _______________
Dear Sirs,
3- That on ______________.
ADVOCATE NAME