Skip to main content

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.

 
Labels:

Comments

Post a Comment

Popular posts from this blog

Concept of constitutionalism

  Concept of constitutionalism Who Started Constitutionalism? John Locke - The English Bill of Rights is a foundational constitutional document that helped inspire the American Bill of Rights. Political theorist  John Locke  played a huge role in cementing the philosophy of constitutionalism.  Constitution is a written law which describes the structure of Government, the rules according to which the Govt. must work and the boundaries within which the Govt. must work. Constitutionalism   can be defined as the doctrine that governs the legitimacy of government action, and it implies something far more important than the idea of legality that requires official conduct to be in accordance with pre-fixed legal rules. Constitution constitution is the document that contains the basic and fundamental law of the nation, setting out the organization of the government and the principles of the society. Basic norm (or law) of the state; System of integration and organi...
Post a Comment
Read more

business tips

1. Have a clear vision for your business and strive to achieve it. 2. Hire great people and give them ownership in the company. 3. Provide excellent customer service. 4. Establish yourself as an expert in your field. 5. Develop relationships with key suppliers, customers, and partners. 6. Keep track of your finances and invest in marketing and innovation. 7. Utilize digital platforms to reach a larger audience. 8. Take calculated risks and back yourself. 9. Continuously strive to improve your products and services. 10. Make customer satisfaction your priority.
Post a Comment
Read more

Effects of Non-Registration

 Effects of Non-Registration The Companies Act, 2013 evidently highlights that the main essential for any organization to turn into a company is to get itself registered. A company cannot come into existence until it gets registered. But no such obligation has been imposed for firms by the Indian Partnership Act, 1932. If a firm is not registered it does not cease to be called as a firm, it still exists in the eyes law. Certainly, such a big advantage is not absolute but is subjected to a lot of limitations which we will study further. Non-registration of a firm simply means that the business skips the formalities of incorporation and ceases to exist in the eyes of the law. section 58 of the Indian Partnership Act, 1932 deals with the procedure of incorporation. Likewise, the meaning of non-registration is the exact opposite of registration, meaning when a firm does not go through the procedure of incorporation or start carrying on activities without getting registered. Effects of ...
Post a Comment
Read more