Legal Notices

 Legal Notices

By: Anjali Tiwari

Introduction

A "legal notice" can be defined as a notice required by law to inform someone about a legal violation so that they can take appropriate action or compensate for the violation. In the world of law, "notice" means to draw someone's attention to a matter or to inform about something; thus, a "legal notice" can be defined as a notice required by law to inform someone about a legal violation so that they can take appropriate action or compensate for the violation. A legal notice could also be issued to a party to alert them of the legal action taken by another party. It could be a notice informing a party that they will be purchasing a certain property or a legal document with specific claims and demands.

Definition

According to section 3 of the Transfer of the Property Act, 1882, "a person is said to have notice" of a fact "not only when he actually knows of it but also when he should have known but for diligent searches and enquires." Let me use the notice's subdivision as an example.

Kinds of Notices

1.   Actual Notice (Express Notice): When a person acquired actual knowledge of a fact. 2.   Constructive Notice ( Implied Notice): When the subject matter is not specially informed but very probable to know by an ordinary person unless there is intentional abstinence or gross negligence. 

3.   Notice to the agent: When the information is given to the agent and duly received by the agent, whether actually it is passed to the master or not.

 Where A Legal Notice is required (a non-exhaustive list)

• Transfer of the Property Act, 1882.

• Section 106; Notice relating to lessee

• Code of Civil Procedure, 1808

• Section 80; Notice to the government before suit

• The Sale of Goods Act. 1930

• Section 54(2); where the goods are of a perishable nature, notice to the buyer.

• The Railways Act, 1989, under section 106

• The Negotiable Instruments Act, 1881

• Section 138; A notice to the drawer in case of Dishonour of a cheque for insufficiency fund, etc.

How to Write a Legal Notice?

A. Reference, which includes,

1.   Reference of the legal notice: You must provide a unique reference for each legal notice so that it can be traced.

2.   Date: date of the notice

3.   Title (i.e Legal Notice – Registered post with AD)

B. Parties, which includes,

1.   Name, title and address of the notice receiver

2.   Name, title and address of the notice sender

3.   If the notice is sent on behalf of any person by another person(I.e lawyer, law firm etc) then the name, title, address and details of that person (client)

C. Subject

1. Subject of the Notice(i.e Legal Notice for Breach of Deed of Agreement)

D. Body, which includes,

1. Address: Address/mention the other/s part, (i.e Dear Sir, Dear Mam etc. )

2.   Legal Authority to send the legal notice: Clarify how you as a lawyer empowered to serve him the notice. 

3.   Description

1. Description of the fact: Chronological description of facts

2. How the law or deed is violated: How the cause of action took place

4.   Legal Action

5.   What action you may take in case of failure to comply with your notice or what can they face.

E. Signature and others

1.   A signature, with seal, designation, address and details of the advocate

 Other General Practices

• There is no exact (wording) format to follow but you have to use legal terms and common words to avoid debate over words and meaning.

• Describe every incident and cause of action in details, describe such a way so that the pain of your client can be seen when someone read this legal notice.

• Describe things according to date so that you can easily use the same material in the plain if needed.

• Save a printed copy for your chamber also.