what is legal notice in india?

Meaning of Legal Notice

A Legal Notice is information in a simple language that a person (Sender) sends to another person (Addressee) to do or abstain to do certain acts failing which the sender would take legal action. In short, it is a formal communication where sender tell the adressee that he intend to take legal action against that person. It is a step before filing a case. A notice gives the other Party an opportunity to present aspects of the story in a concise manner without going to court.

A Legal Notice is an intimation and is only filed in Civil Cases like the Sexual Harassment at Workplace, Disputes related to property, Non Payment of Salary, Matrimonial Issues, Issues related to Negotiable instruments or to payment of insurance claims etc.

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 any legal action against them for any act committed during their period of employment. The purpose of notice, in this case, is to give an opportunity to the concerned officer to revaluate his action and provide a justification or offer compensation.

How to draft a Legal Notice

A legal Notice will be sent through a Lawyer. All the information should be explained in detail to the Lawyer, for example Basic information i.e. name, address and description of the parties, cause of action (issues and grievances) and the relief sought. All the documents should be shared with the lawyer to file the notice. Then, Lawyer will draft a notice in the Legal Language which clearly state why the notice is being sent, information about previous communications, and a stipulated time i.e. 15 days, 30 days or 45 days is given to the addressee to reply. The notice is duly signed by the Lawyer and the sender and is generally sent via Registered post or Courier with the acknowledgment receipt being retained safely. Lawyer will keep copy of Notice for future communication.