A Legal Notice is a formal communication sent by a party to another to give a warning to do the desired act or amicably settle, failure of which will entail legal consequences. During the corona times, it has become imperative to send legal notice because getting into litigation without trying to settle through other modes of dispute resolution may prove to be a futile exercise leading to mental stress, delay in proceedings, financial strain, etc. Thus, it becomes important to send a legal notice to really make your intention clear to the other party and giving a last chance to comply or face legal action.

WHAT IS LEGAL NOTICE?

A Legal notice is a written document sent by one party to another through an Advocate detailing the grievance/dispute, demanding to do particular act/omit to do something, failure of which would entail legal consequences. It is mainly a warning letter showing the intention of the party sending it to proceed legally if the dispute is not resolved amicably. It is a formal notice which would also become a basis of your litigation in future in the event of failure of other party to comply.

PURPOSE OF LEGAL NOTICE

The Legal Notice is required to be sent to another party as a final warning and to make clear the intention to proceed legally in a situation where the compliance required to be made is not fulfilled.

There are many situations where sending a legal notice would be of utmost necessity and infact that would help the litigant to save time, money and not proceed to get into court proceedings because litigation is nevertheless time consuming, financially draining and mentally harassing. Hence, there are situations like breach of a contract, deficiency in service, non-payment of rent, employer-employee issues regarding completion of resignation formalities or non-payment of salary, cease and desist using of a registered trademark, defamation, refund of friendly loan, cheque bounce, all kinds of consumer disputes, etc.

It is imperative to send a legal notice even as provided in the Civil Procedure Code inasmuch as if you want to proceed legally against the Government, a notice under section 80 of Civil Procedure Code is required to be sent showing your intention to file a civil suit.

CONTENTS OF LEGAL NOTICE

1. The entire factual situation must be forthcoming in the legal notice body.
2. It should detail the grievance and the mode of negotiation/ act/omission/necessary compliance/ demand raised/fulfillment of a personal duty, etc.
3. It must provide in clear terms the reason, specific time lime for performance or reply of the notice being sent.
4. The Legal notice can be issued by all modes i.e. speed post, email, whatsapp, courier, registered AD, or by Hand.

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