Last Updated on June 6, 2021 by Satish Mishra
In today’s world we enter into numerous litigations with individuals/firms wherein filing of a civil suit becomes imperative which we do generally file. Some individuals/firms enters into litigation straightaway while others opt for serving a notice upon opponent of giving out intention of filing of a civil suit/complaint in court of competent jurisdiction. There are certain legislations which make it mandatory to file a legal notice before filing any litigation otherwise that litigation will be bad in law. For example in The Negotiable Instruments Act 1881, sending a Legal Notice is a statutory requirement.
Also Read- How to Reply a Legal Notice?
WHAT IS LEGAL NOTICE?
Notice is the legal concept describing a requirement that a party be aware of legal process affecting their rights, obligations or duties. There are several types of notice: public notice, actual notice, constructive notice, and implied notice.
A “Legal Notice” is a notice indicating your opponent that you are preparing to litigate a lawsuit against him in case the so called demand is not fulfilled.
Legal Notice is filed generally in civil cases. In criminal cases, no legal notice is filed as action is taken by the State who is the supreme power. However if you are seeking civil action against government you have to first serve government a legal notice. It is only thereafter that you can file civil suit against government.
For Legal Notice you may read this straight – When, Why and How to Send?
Legal notice is a first step towards the legal proceeding to be initiated against a person or company. A legal notice is like a warning sent as it lays down the conditions that the person receiving the notice needs to follow, otherwise a legal action may be taken against him.There are several instances when you have to take a legal action against a person or company such as an property dispute, consumer grievance, cheque bounce, divorce, eviction, and many more! However, you are required to inform that person or company that you are planning to initiate a legal action against them.
VARIOUS SCENARIOS TO SERVE LEGAL NOTICE –
- SECURITY REFUND
Most landlords require the rental tenants provide a security deposit which is used to ensure the tenant performs the obligations under a lease. Unfortunately most landlords do not fulfill their obligations and do not refund the security deposit in a timely manner.
The security demand letter is designed for use by tenant in writing to landlord requesting a full return of the deposit. This letter request that deposit must returned within 10 days and if not, legal action can b taken by tenant.
Also Read- DRT AND TENANCY RIGHTS: WHERE THE DISPUTE LIES?
If you, as a tenant has fulfilled all the obligations under the lease- have paid the rent in full and on time and have caused no damage to property , you are entitled to full return of the security deposit. Landlord must return the deposit with interest or give his tenant written notice of damages being claimed within 30 days of tenant moving out. If the landlords fails to comply with the request letter as mentioned above , the next step may be taking him/her to court of law.
- CHEQUE BOUNCE
Cheque bounce or cheque non-payment is a serious offence in India punishable with imprisonment or fine under Section 138 of Negotiable Instruments Act. In case of cheque bounce , a cheque beneficiary must present the cheque issuer with a cheque bounce notice under Section 138 within 30 days of return of the cheque to protect his/her rights under Section 138. Cheque bounce notice is a firm and serious intimation to cheque issuer that the cheque beneficiary will proceed with the legal action if payment is not made immediately.
Also Read- 7 THINGS YOU SHOULD KNOW ABOUT CHEQUE BOUNCING
For a cheque bounce notice to be valid , it must contain reference to S.138 of negotiable instrument act , information about when the cheque was presented , the reason for non-realization of payment and a request to cheque issuer to arrange for payment immediately through alternate means.
Also Read- CHEQUE AS A SECURITY FOR JOB IN INDIA
The notice must contain the name of the cheque beneficiary; check issuer name and address, date of return of cheque, reason for return.
It is important to send this legal notice through a registered post , so that the date of issuing can be recorded formally. One copy of letter can b retained by the cheque beneficiary while the other copy is delivered to cheque issuer.
- INSOLVENCY
Insolvency is the state when one is unable to pay the debt.
Demand notice to recover the debt is sent under S.8 of insolvency and bankruptcy code, 2016 by the creditor to operational debtor. The IBC mandates it for the complainant to sent a demand notice under the code to creditor before initiating corporate insolvency resolution proceedings. The code also lays down certain legal provisions which guide the whole procedure for filing the insolvency proceedings of company by a creditor.
Also Read- DEBT RECOVERY UNDER IBC: A SPEEDY REMEDY FOR CREDITORS
The first step is to send a demand notice (FORM 3 OF IBC) to corporate defaulter for recovery of operational creditors. Good corporate lawyer will draft a demand notice on your behalf based on facts of debt to be recovered.
The notice contains the details such as the total amount of debt , the details of transaction , date from which the debt begin accuring , amount claimed by the creditor , securities , certificate of incorporation in case of company, records of previous defaults , documents supporting the claim filed by creditor. The notice also gives deadline of 10 days to the debtor to repay the debt. If the debtor fails to do so , then insolvency proceedings shall be initiated against him.
- FAULTY PRODUCTS
The Consumer Protection Act, 1986 gives consumers the right to file a case against a vendor if they are not satisfied with the services provided or if the product or service is deficient.
But before you file a case, as per the law , you are required to serve a legal notice to the party and ask him to rectify the deficiency within a reasonable period of time. This notice is mandatory and consumer need to maintain evidence of sending the notice like registered post receipt or courier acknowledgment.
The legal notice must contain the name and address of trader, dealer or company against which complaint is to be filed. The notice must also mention the goods or services complained of giving the brief details. It must also include the cash memo/receipt/invoice number of the product or services. It should also have details of whole defects which the product is suffering from.
Also Read- Legal Notice before consumer complaint.
There is no particular format for this notice. In short, it is informing the opposite party about grievances of the consumers , how the consumer expect them to resolve it and about the intension to file a consumer complaint if grievances is not redressed within 15-30 days.
- ARBITRATION
Arbitration may be defined as the process by which a dispute between 2 or more parties as to their mutual legal rights is referred and determined judicially and with binding effects by application of law to one or more person (arbitration tribunal) instead of by court of law.
Notice under Section 21 is mandatory before referring the disputes to Arbitration.
Provisions of S.21 are not limited only for the purpose of determining limitation and a party cannot straight away file a claim before the arbitrator without issuing the notice under S.21 of the Arbitration and Conciliation Act.
In other words, without such legal notice the arbitration proceedings that are commenced would be unsuitable in law.
Except where the parties have agreed to he contrary, the date of commencement of the arbitration proceeding would be the date on which the recipient of the notice receives from the claimant, a request for referring the disputes to arbitration.
- RECOVERY OF DUES
If you are facing any sort of dispute with your employer, you can legally send a notice to your employer before reaching to the court as the last resort.
If you have left the company/firm or haven’t received due salary, and the outstanding is over 90 days, you can send a legal notice for recovery of the dues. However, it is advisable to contact the company and try to recover the dues before initiating any legal proceedings. A company cannot hold the payment. A company can not make any unauthorized, illegal deduction (payment of wages act).
Also Read- RECOVERY OF MONEY IN INDIA
- EMPLOYMENT- SALARY
It is quite common in India for employers to deny salary to employees, especially at time of firing them. There are several things a employee can do that can land employer in real trouble. There are several legal process that can be followed by an employee to recover salary or wages.
Read this- Legal Notice to Employer, Legal Notice From Employer
The first step is sending a good legal notice from a credible lawyer, demanding the arrears of salary to be paid with interest.
The department of labor has provisions which allow employees to bring a lawsuit to recover back wages owned. An employee may bring private lawsuit. He can also obtain an injunction to restrain an employer from violating the provisions of the labor law.
The course of action will take the following route:
- Serve the employer with legal notice
- Seek enforcement based on clauses of agreement
- Initiate civil suit seeking specific performance of the contract as well as damages.
Also Read- LEGAL NOTICE FROM EMPLOYER
- TRADEMARK COPYRIGHT INFRINGEMENT
A trademark infringement can be used when you find that someone is using your trademark without your express permission. One of the most common methods for dealing with the trademark infringement issues is sending a CEASE AND DESIST LETTER. Trademark owners generally rely on this letter as a cost effective means to enforce their rights against the infringer.
The letter will outline the following –
- The business and trademark portfolios of IP holder
- Information about the national and international repute the IP holder enjoys
- The details of impugned trademark
- Extent of misuse of impugned trademark
- Requisition as required to be complied with by infringer
- DIVORCE NOTICE OR TENANCY
If you rent your home with your husband, wife or civil partner, you will have to work out whether one of you will carry on living in the property or if you can end the tenancy. Find out what your options are if couple split up.
Also Read- GROUNDS FOR DIVORCE
You can also send divorce notice to your spouse if you are seeking separation mentioning the grounds and seek his/her cooperation in getting it from the appropriate court of law. It is not a right but you can give a fair, reasonable opportunity to other spouse to handle the matter amicably.
You might rent your home in your name alone, in your partner’s name or in both of your names.
Also Read- Read Send Legal Notice for a Divorce.
Whether you have the automatic right to remain there will depend on whose name is on the tenancy agreement.
- If the tenancy agreement is in your name, you have the right to remain in your home. You are also responsible for making sure the rent is paid and that the terms of the tenancy agreement are complied with.
- If you are a joint tenant with your partner, you both have the right to carry on living in the property. However, either of you can give notice to the landlord to end the tenancy (unless it’s a fixed-term tenancy). The exact rules depend on the type of joint-tenancy agreement you have. You might be able to negotiate with the landlord so that one of you can take out a new tenancy.
- If the tenancy agreement is in your partner’s name, he or she could ask you to leave and you might not have much time to find alternative accommodation. If you’re in this situation, you should talk to an advice charity or take legal advice.
Also Read- WAIVER APPLICATION IN MUTUAL CONSENT DIVORCE
Most divorces or dissolutions don’t end up with a full court hearing to settle financial disputes, but it’s a good idea to have an understanding of what the courts could decide about your rented home.
Courts might be able to order that a tenancy is transferred from the tenant to their ex-partner.If you are both on the rental agreement, both of you are responsible for paying all of the rent until the tenancy ends.
Also Read- HOW TO EVICT TENANT OUT OF RENTED PREMISES
Try and agree between what you will do:
- You might agree that one of you moves out and the tenancy is signed over to the other person’s name alone.
- You might decide that both of you will move out and that you end the tenancy agreement.
Either of you can give notice to end the tenancy (unless it’s a fixed-term tenancy), which might be a problem if your relationship breakdown is acrimonious.
Also Read- LEGAL REPRESENTATION OR LEGAL NOTICE?
This post is written by Drishti Singh pursuing Law from University of Mumbai (2020).
In case you need any assistance for sending Legal Notice on any of the above subjects, please dial 99888-17966 or write to us at [email protected]
