File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Notice: Legal Aspects

In legal or formal communications, a notice is a written document or notification that is used to convey important information, demands, or instructions from one party to another. Notices are commonly utilized in various legal matters, contractual disputes, or compliance issues. These documents play a pivotal role in establishing clear communication and ensuring that all parties are fully aware of their rights, obligations, and the potential consequences involved.

Notices can come in various forms, depending on their purpose and the specific legal requirements of a particular jurisdiction. They can range from cease-and-desist letters used to stop unauthorized actions, demand letters sent to collect debts or seek compensation, eviction notices issued to resolve landlord-tenant conflicts, or notices of breach of contract utilized to address violations of contractual terms. Regardless of their type, notices serve a crucial role in the legal process by offering a structured and formal way to address issues, protect legal rights, and even initiate legal actions when necessary.

During different stages notice can be issued throughout the pendency of a legal matter. Firstly, there exists a preliminary notice, which serves to apprise the other party that unless they resolve the dispute or settle outstanding dues, the sender will initiate legal action. Secondly, notice may be issued at the initiation of legal proceedings, mandating that the other party appear and defend themselves in court; failure to do so could result in the proceedings continuing in their absence.

Contents of Notice
Typically, notices are sent by a lawyer, although this is not obligatory.

A notice should typically include the following particulars:
  • The sender's name and complete postal address.
  • The date of sending the notice.
  • The name of the recipient along with their complete address.
  • The content of the notice, elucidating the reason for sending it and offering a concise history of the dispute. It should also explicitly delineate the desired claim and the repercussions of non-compliance.

Service of Notice
The crux of the matter in legal practice concerning notices lies in the proper service of the notice. This entails ensuring that the notice reaches the correct address when sent and that the intended recipient duly receives it. Alternatively, a notice can be hand-delivered in person, or if contacting the respondent is not feasible, publication in a newspaper may suffice.

Section 27 of the General Clauses Act, 1897, stipulates that when service by post is mandated by any Act or Rule, such service is deemed to be fulfilled by appropriately addressing, prepaying, and sending the letter containing the document via registered post. If the addressee refuses to accept the letter, it is still regarded as having been served. Similarly, if a notice sent via registered post is returned with an endorsement indicating 'left,' it is also considered as served. The same principle applies if the notice is returned with the endorsement 'refused.'

Other Significant Points about Notice
The process of sending a Legal Notice through Registered Post or Courier typically takes about 5-7 working days. In India, English is the universally accepted language for sending Legal Notices. There is no mandatory requirement to include additional documents or annexures with the Legal Notice when communicating with the other party. Although responding to a Legal Notice is not obligatory, it is advisable to provide a suitable response after consulting with a legal professional. The advocate's proficiency in drafting and knowledge of legal terminology can significantly impact the recipient.

The Supreme Court of India has recognized the validity of Legal Notices sent via digital platforms like WhatsApp, Telegram, E-mail, or Fax. The presence of two blue ticks on WhatsApp serves as confirmation of the notice being received. The Bombay High Court, in the case of SBI Cards (P) Ltd. Vs. Rohit Jadhav, has ruled that if an individual receives a Legal Notice on WhatsApp and opens it, it will be considered as the Legal Notice being properly served.

If you have the alternative address of the recipient, it is advisable to send the notice to that address for accurate delivery. There is no specific template for a Legal Notice as its format depends on the drafting skills and legal expertise of the advocating lawyer handling the case. In case of a breach of contract, the address mentioned in the contract's "Notice" section should be used to send the notice. The method of delivery, whether electronic or physical, should be according to the mutually agreed contractual terms. The fees charged by an advocate for drafting a Legal Notice can vary widely depending on the complexity of the case, starting from Rs. 500 and potentially reaching several lakhs.

Section 80 of the Civil Procedure Code (CPC)
Section 80 of the Civil Procedure Code (CPC) in India is a significant legal provision that institutes a compulsory prerequisite for issuing a notice before initiating legal proceedings against the government or public officers for actions carried out in their official capacity. This provision functions as a fundamental procedural safeguard, guaranteeing that government entities and public officers receive proper notice regarding imminent legal actions targeting them. Now, let's explore the intricate aspects of Section 80 CPC:
Obligatory Notice Mandate: Section 80 CPC mandates that a plaintiff, intending to sue the government or a public officer, must serve a formal written notice. This notice should encompass specific details concerning the grievance, including the grounds for legal action, the relief sought, and other pertinent particulars. Essentially, it serves as an initial intimation of the planned legal action.

Timeframe for Notice: The notice must be delivered at least two months prior to the actual filing of the lawsuit. This prescribed timeframe is designed to afford the government or the concerned public officer an adequate period to review the claims, assess the situation, and potentially take remedial measures to address the issue through non-litigious means.

Notice's Primary Objective: Section 80 CPC primarily aims to foster amicable settlements and provide an opportunity for dispute resolution before resorting to formal litigation. By serving the notice, it encourages pre-litigation communication, negotiation, and the potential for mutually agreeable resolutions.

Exceptions - Urgent Cases: Recognizing that certain circumstances may necessitate immediate legal action, Section 80 CPC includes provisions for exceptions. In situations requiring urgent relief, where prompt action is imperative, the plaintiff may petition the court for permission to initiate the lawsuit without serving the mandatory notice. However, such cases must genuinely involve urgency and compelling reasons.

Ramifications of Non-compliance: Failure to adhere to the notice requirement as outlined in Section 80 CPC can entail substantial legal consequences. If a lawsuit is initiated without first serving the requisite notice, the court may dismiss it on the grounds of non-compliance with this statutory provision. Therefore, strict adherence to Section 80 is imperative to validate a legal action against the government or public officers.

In summary, Section 80 of the CPC holds a crucial position within India's legal framework, emphasizing the importance of prior notification to government entities and public officers regarding imminent legal proceedings. Its core objective is to promote settlements, minimize unnecessary litigation, and ensure that the government has an opportunity to address grievances before resorting to formal legal proceedings. While exceptions exist for urgent cases, compliance with Section 80 CPC remains an indispensable aspect when commencing legal actions against the government and public officers in India.

Action required on receipt of Notice
When you receive a legal notice, it's important to follow these key steps:
  1. Thoroughly review the notice: Take the time to carefully read and understand all of the information in the legal notice. This will help you grasp the concerns and issues raised by the sender. If there is potential for a resolution through discussion, consider initiating that conversation.
  2. Seek legal counsel: It's highly recommended to consult with a qualified lawyer who can provide guidance throughout the process. They have expertise in navigating legal matters and can offer valuable advice specific to your situation.
  3. Provide information to your lawyer: The next crucial step is to share your side of the story with your lawyer. Provide them with details about timelines, facts, and events related to the matter at hand. By doing this, you enable your lawyer to develop an appropriate response that accurately reflects your perspective.
  4. Dispatch the response: Once your advocate has drafted a reply to the notice, it should be sent via registered post or courier, with the receipt of delivery retained for reference. Both the legal notice and the response should be retained by the advocate for any future correspondence.

Court Judgments on Notice
In the context of court judgments, it has been firmly established that a notice rejected by the addressee can be presumed to have been served on them. Jagdish Singh v. Natthu Singh, AIR 1992 SC1604

Additionally, it is considered that a person has "received" a notice when it is diligently delivered to them or to their place of business.

It is crucial to underscore that the court should not adopt an interpretation that aids a dishonest evader or a deceitful cheque issuer at the expense of an honest payee, as doing so would run counter to the legislative intent.

Section 27 establishes a presumption that the service of notice has been duly completed when it is sent to the correct address via registered post.

The court has previously ruled that when a notice is dispatched via registered post and is returned with a postal endorsement indicating refusal, unavailability at the residence, a locked house or closed shop, or the addressee being away from the station, it is presumed to have been appropriately served.

Nevertheless, this presumption does not preclude the drawer's right to demonstrate that they had no knowledge of the notice being delivered to their address. V. Raja Kumari v. Subbarama Naiduand Anr, AIR 2005 SC 109

In the case of State of A.P v. Gundugola Venkata, AIR 1965 SC 11, it was determined that a notice issued under section 80 (3) of Civil Procedure Code cannot be deemed invalid, and no lawsuit can be dismissed due to minor technical defects or errors in the notice's delivery. Similarly, a suit cannot be dismissed on the basis that the notice was served in an improper manner.

In the case of Himachal Steel Rerollers and Fabrication v. Union of India (AIR 1988 All 191), it was held that a plaintiff who wishes to take legal action against the government has two options. Firstly, they can file a lawsuit after giving a two-month notice as required by Section 80 of the Civil Procedure Code. Alternatively, they may choose to file the suit without serving prior notice, but in such circumstances, they must convince the court that there is an urgent and immediate need for relief and obtain prior permission from the court.

In a court case known as Chief Conservator of Forests, Government of A.P. v. Collector, the Supreme Court has emphasized the importance of Section 79 of the Civil Procedure Code. This section is not just a procedural formality but carries significant weight. It provides clear guidelines on how the Central Government or a State Government can initiate or defend lawsuits. According to this provision:

In suits involving the Central Government, the plaintiff or defendant shall be the Union of India.

In suits involving a State Government, the plaintiff or defendant shall be the State itself.

The practice of exchanging legal notices holds paramount importance within the realm of law and has garnered increasing significance over time. The primary objective of this practice is clear-cut: it is in place to guarantee that the opposing party, who may potentially face legal actions, receives proper notification.

This notification is of utmost importance as it empowers them to exercise their right to formulate a defence and present their case in a court of law. The central intent of a notice is to apprise the other party that legal proceedings are in motion and that they should stay informed of this progress to safeguard their interests before a final judgment is issued.

  1. Advance Legal drafting, Abhinav gaur, Prakash Pandey, Shabdita Singh

Written By: Md.Imran Wahab
, IPS, IGP, Provisioning, West Bengal
Email: [email protected], Ph no: 9836576565

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


How To File For Mutual Divorce In Delhi


How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage


It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media


One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...


The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...


The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...


Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online

File caveat In Supreme Court Instantly