Legal Notice

What is a Legal Notice?

A Legal notice is a formal written document sent by a person or an entity with respect to some grievance. It is sent as a warning to the receiver that the one sending the notice have certain grievances which are not properly taken care of by the receiver, although the receiver has given enough opportunity to the receiver to resolve the problem.

It is like a final warning to the receiver that the sender is all prepared to initiate a legal action and it is the final opportunity for the receiver to resolve the issue in hand properly.

 

 

Importance of filing a Legal Notice

Certain situations may arise where you get confused about how to initiate legal action in order to resolve your matter. The filing of a legal notice gives a new beginning to your journey of litigation. Therefore it has various aspects in which it is important:

  • By sending legal notice it can give a clear intention on the part of the sender to file a lawsuit for the purpose of resolving the issue to which the other party might respond immediately to save oneself from court proceedings.
  • A person can easily describe his grievance in a legal notice with the help of an Advocate.
  • Serving of legal notice gives an opportunity to the receiver of the legal notice, that is, the opposite party to resolve the issue cordially.
  • It acts as a reminder for the receiver of the legal notice about the acts that have intentionally or unintentionally have created a problem for the sender.

 

 

Legal Notice under section 80 of The Code of Civil Procedure, 1908

Section 80 of The Code of Civil Procedure, 1908 provides for sending of a legal notice to the Government or public officer if one wants to initiate a legal action against them for any act claimed to be done by such public officer during the course of his official duty until the expiration of two months. The purpose of the notice is to give Secretary of State or the public officer a chance to reevaluate his legal position and to offer some kind of compensation without going to a court of law.

In Bihari Chowdhary v. State of Bihar [AIR 1984 SC 1043], Supreme Court has stated that “The object of the section is the advancement of justice and the securing of public good by avoidance of unnecessary litigation”.

 

Filing a Legal Notice

A legal notice, although a simple document, requires precision and accuracy and use of definite language to ensure the message sent across is correct. A legal expert or an agent can help in putting forth the legal notice as per law and wording it as required for the particular issue.

Procedure:

  • The first step is to draft a legal notice, with the issue, the relief sought and a definite time frame (say, 30 to 60 days) to solve the issue, is to be addressed to the other party and sent through a registered AD post.
  • After sending the notice, save the copy of the receipt sent. This may come in handy in case of filing for the court case.
  • Wait for a given period, before the filing of the court case.
  • Now, the person or entity on whom the legal notice is addressed will have the above mentioned days to revert back with the notice or agree for out of the court settlement.

Although the other party may or may not reply to the legal notice, it is essential for a person on whom the legal notice is addressed to send a reply within the stipulated time. If not replied to notice, one may be at a disadvantage of not following the law, and thus, may give the other party undue advantage while appearing in the court.

A legal notice can be sent personally too. One can draft a legal notice, and authorize it before sending it to the other party. However, since wording, a legal notice is extremely important if the case reaches the court, and citing of law under which you have raised the claim is essential, having an expert in law to make the copies of the legal notice will work to your advantage.

The same applies to replying to a legal notice too, since here too, one may not know the appropriate law to be used, to revert to the claims demanded by the other party. The legal notice format PDF is drafted in the below section where you can find the legal notice format for recovery of money.

 

Legal Notice To company for non-payment of salary and other interest and allowances

 

Ref. No…………….                                  Dated : 15th april 2021

 

REGD.A.D.

SUB.: LEGAL NOTICE

 

To,

XYZ. Company Private Limited

 

Through its Managing Director

 

Mr. ABC

 

Sir/Madam,

 

Pursuant to the instructions from and on behalf of my client Varun Chakraborty, resident of Delhi I do hereby serve you with the following Legal Notice: –

 

That my client Varun was appointed by your offer letter dated _2nd March 2021 and the salary of my client was fixed at Rs.1,50,000/- per month.

That the offer letter dated 1st April 2021, stated the joining date as 10th March 2021which my client Varun duly followed.

That my client did her duty diligently, regularly and with utmost punctuality and sincerity, and with full devotion in accordance with the well-settled provisions of the law. You issued the offer letter in the name of my client and got printed the visiting cards also in the name of my client along with the Identity Card.

That on 2nd April 2021, when my client went to attend her duty; then your office abruptly refused to allow to my client to attend her duty and told that services of my client are no more required by your office and thus the services of my client have been terminated by you in a most illegal and unlawful manner without any reasonable rhyme and cause. At the time of termination of the services of my client, you did not pay the salary for the month of  March and  15 days salary for the month of April which comes to Rs.2,25,000 /- to my said client.

That my client visited your office from 9 a.m. to 4 p.m. from time to time and spent a huge amount of Rs.10,000/- on the charges of travelling but you refused to pay and also the amount of Rs.7,500- my client spent while doing fieldwork for your company. Lastly 4th Month, year you clearly refused to pay the salary amount of Rs. 1,50,000/- to my client along with travelling charges and amount spend on fieldwork.

That you did not provide me statutory benefits i.e. Providential Fund. Etc. You also did not pay the of bonus and other service benefits which totally comes to Rs.3,00,000/-

I, therefore, call upon you through this Notice, to make the payment of the Rs. 3,00,000/- to my client along with interest up to date, under intimation to me, within the period of 15 days, failing which my client has given clear instructions to me to file criminal as well as the civil suit and Suit for Recovery in the competent court of law and in that event you will be fully responsible for all costs, risks, responsibilities, expenses and consequences thereof. Please note well.

 

A copy of this Notice is kept in my office for record and further necessary action and you are also advised to keep the copy safe as you would be asked to produce in the court.

 

ADVOCATE

 

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