Can A Lawyer Help Me Draft A Legal Notice?
The person who sends the notification is known as the Sender, and the person to whom the notice is addressed is known as the Addressee. A notice allows the addressee to offer his side of the story without going to court. A notice is only served when it is delivered or refused by the recipient.
The issue of the notice may be a legislative requirement or just discretionary, but in any case, the objective of the notice is to tell its receiver, i.e. the addressee, exactly and explicitly of the Sender's intent. There must be convincing confirmation of the notification being received by the Addressee to establish an obligation on the Sender.
Legal Provisions:
A Lawyer Notice can be filed for any of the concerns listed above, but if one wishes to initiate a Civil Suit against the government, he or she must first serve a legal notice on the relevant government organization.
Section 80 of The Code of Civil Procedure, 1908 provides for the delivery of a court notice to the Government or public servant if one wishes to commence legal action against them for any act done during their tenure of service. In this scenario, the goal of the notification is to provide the concerned officer the chance to reconsider his actions and provide justification or compensation. The Supreme Court stated in its landmark decision in Bihari Chowdhary & Anr versus State of Bihar & Ors that the purpose of the provision is to advance justice and secure the public interest by avoiding superfluous litigation.
The following are the steps to preparing a Legal Notice:
- Contact a Lawyer: A legal notice is being delivered through a lawyer, and the first step is to contact one.
- Information Sharing: All information is described in full to the Lawyer, including the names of the parties, addresses, concerns, grievances, and the remedy sought.
- Providing papers: All essential and needed papers are submitted to the lawyer for the filing of the notice.
- Drafting of legal notice: The notice is then prepared in Legal Language by the Lawyer, explicitly indicating why the notice is being delivered, information regarding earlier communications, and a time limit, such as 15 days, 30 days, or 60 days, is provided to the addressee to respond.
- Signing: The notification is signed by the sender and the lawyer and is usually sent through registered mail or courier, with the acknowledgment receipt kept carefully. The lawyer keeps a copy of the notification for future reference.
- Importance of Legal Notice:
- When a person receives legal notice from another party, the receiver learns that the other party intends to file a lawsuit against him if they do not resolve their issue.
- With the assistance of his attorney, a recipient of legal notice may readily describe the situation in which he has suffered a loss as a result of the actions of another party.
- The legal notice provides the receiver with one final chance to contact the sender and resolve their problem peacefully.
- It also serves as a reminder to the opposing party of the conduct, whether done purposefully or accidentally.
There are several scenarios in which it is important to provide legal notice to the positivity before to launching the case in court. For example, in the instance of cheque dishonor or cheque bounce, it is important to provide formal notice of cheque bounce to another party before launching a claim in a court of law. Similarly, if you want to initiate a civil litigation against the federal government or a state government, you must notify the center or state government in advance. After 60 days' advance notice to the State or Central governments, the plaintiff may bring a civil lawsuit in court.
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