Legal Notice and its importance : Procedure of filing & replying to a Legal Notice. Why should one file a Legal Notice ?, Contents of a legal Notice and Procedure to file a Legal Notice
Legal Notice and its importance: Procedure of filing & replying to a Legal Notice
In today’s world we enter into numerous litigations with individuals/firms wherein filing of 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 filing of a civil suit 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 eg. The Negotiable Instruments Act, 1938. It therefore becomes important for us to understand as to what is meant by Legal Notice which is discussed herein.
What is a Legal 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.
mportance of Filing a Legal Notice
Before you decide to start a court case, there are several things that you should think about. Like majority of cases settle before trial. If you think your case can be settled, you may want to consider alternatives before you begin your lawsuit. Some of these alternatives are:
- Negotiation (e.g., an exchange of letters between the parties);
- Mediation; and
Taking a case to court can be an expensive and slow way of solving your problem. Many a time alternatives as mentioned above may serve out to resolve matter without even going to court. Nobody wants to waste their time & money in litigating over matter which can be resolved by negotiations very well. These days, even companies while entering into contacts with individuals/firms makes it obligatory on their part to specify clause stating that disputes are to be settled through arbitration instead of going to court.
However, when negotiations do not work, an individual/firm need not require to directly file a suit in court of law. Individual may serve a Legal Notice demanding resolution and giving clear intention of filing a lawsuit whereby there are chances of resolution of dispute through settlement avoiding law suit trials that run for years together.
Legal Notice under section 80 of The Code of Civil Procedure, 1908
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.
Section 80 of Civil Procedure Code,1908deals with filing of Legal Notice in Civil Cases against Govt.which is reproduced hereunder:-
- No suits shall be instituted against the Government (including the Government of the State of Jammu & Kashmir)] or against a public officer in respect of any act purporting to be done by such officer in his official capacity, until the expiration of two months next after notice in writing has been delivered
- Exception to filing of Legal Notice – A suit to obtain an urgent or immediate relief against the Government may be instituted, with leave of the Court, without serving any notice but the Court shall not grant relief in the suit, except after giving to the Government or public officer, as the case may be, a reasonable opportunity of showing cause in respect of the relief prayed for in the suit:
Contents of Legal Notice
It is very important that your legal notice is drafted elaborately covering all things that you demand from the opponent.