Legal documents are highly important and involved various delicate intricacies
which are difficult for a layman to assemble. The legal notice is a document
which is sent by a lawyer on the instructions of his client to a person (legal
or natural) and though this document the opposite party is informed about the
intention of the party sending the notice to initiating legal proceedings
against them for the grievances and difficulty caused to them.
In India legal notice is considered to be the first step involved in legal proceedings. It is often regarded and said by the top Supreme Court lawyers in India that legal notice creates the basis of almost every legal action in India.
People often ask a free question to know who has a right to send a legal notice and when can a legal notice be sent. However, the answer to this question is that every person whose right has been violated and infringed by the other can send a legal notice. Legal notice is merely a formal expression of one’s intention of taking a legal action against the other party.
The list of things to be mentioned in a legal notice are:
1.The name of the parties: It is mandatory to mention in a legal notice the name and address of the party to whom the notice is to be sent.
2.Facts and grievances caused: The legal notice consists of the facts and the grievances of the sender of the legal notice in points and paragraphs.
3.Compensation: After the facts, a certain amount of compensation if any is claimed for the inconvenience caused. Sometimes an alternative mode of redressing the dispute is also mentioned in the notice. It is important to note that the laws under which compensation is claimed are to be mentioned in the notice.
4.Signature: lastly, in the end, the signature and stamp of the lawyer who is sending the legal notice on behalf of is the client is to be affixed
It is important to note that a legal notice is only sent in civil cases and not in criminal cases. A legal notice is sent under section 80 of the Code of Civil Procedure.
Mostly a legal notice is sent in following cases:
2.Notice by employer
3.Notice by employee
5.Breach of contract
7.Recovery of money
The legal notice format for all the abovementioned cases is the same. Notice is mostly sent through a registered post but the same can also be delivered in person. Nowadays a trend of sending a legal notice through online modes are also witnessed. However, it has the same effect as that of a notice sent through post or delivered in person. The basic objective of a legal notice is to inform the opposite party about the intention of taking a legal action.
Best lawyers in Delhi while drafting a legal notice to take into account all the facts of the case and build up the claim of their client. Legal notice is the basis of documenting the grievances of the client for the first time and the petition which is submitted before the court is mostly based on the things mentioned in the notice as it is regarded to have created the frame of the case.
The best lawyers in Indian often consider that legal notice is a highly essential legal document as it can pave way for negotiations and settling of disputes beyond the Courts saving the time of both the parties.
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