Abstract:
Every company , organizations and individuals too are governed by rules and regulations legally. For this reason, issues and misunderstandings arises , the dissatisfied party needs to file a petition in the court of law to sort the matter out. But before that he needs to give a prior legal notice to other person to make him aware of the situation.
Introduction:
A legal notice is simply a notice of law in which he is informed about the rights and duties he has and the legal process that can affect his rights . In other words a notice is a prior information about the proceedings to be held in the court of law regarding whatsoever issues might arise.
A legal notice must contain all the facts and complaints made in the petition to inform the defendant of what he has been accused of and he is a reasonable time to answer in the court of law of whether he agrees or disagrees with the accusations.
A notice is a procedural provision , a means by which court imparts justice.
Definition:
Notice under Section 80 Of the Code Of Civil Procedure 1908 , Suits between individuals require no notice to be given to the defendant by the plaintiff before the filing of a suit. However as per Section 80 of the Code of Civil Procedure, 1908, no suit will be instituted against the Government or against a public officer with regards to any act done by such an officer in his official capacity, until the expiration of two months after the notice in writing has been delivered to or left at the office of :
(a) In the case of suit against central government except where it relates to railway , a secretary to that government
(b) In a case of suit against central government where it relates to railway , a general manager of that government
(c) In a case of suit against the government of J&K , the Chief Secretary to that government of any other officer appointed by that government .
(d) In case of a suit against any other state government , a secretary to that government or a collector of that district.
Essentials of Notice:
A notice under Section 80 must contain following :-
- Name , description , place of the residence of the person giving notice ;
- A statement of cause of action and
- The relief claimed by him .
Importance of Notice:
It is an legal requirement.
It gives prior notice to the opponent.
Increases the efficiency of litigation process.
It states the type of relief
Case Laws:
In the case of Dhina Singh v. Union of India , it was held that this notice is for benefit of the government or the public officer , it is the prerogative of the government to choose the waive to right .
In the case of Commr. Of taxes v. Golakh Nath it was held by the courts that the facts of the particular case were vital to see if the rights to see if the rights could be waivered or not.
Also in the case of Amar Nath v. Union of India it was held that the notice must merely inform the opposite party about the nature and the basis of the claim and relief sought.
Notice to A Tenant
Ref no ….. Date:
Civil lines
Azamgarh
Sub – Legal Notice to vacate the premises of my client.
To
Mr. Raghuvanshi
Dear sir,
In accordance to the information from and on the behalf of my client Mr. X , resident of civil lines Azamgarh , I do hereby send you a notice
That the lease deed made between you and my client is going to expire on 13th of April 2021.
I do hereby ask you to quit and vacate the shop and deliver the peaceful possession of the premises to my client on or before 13th of April 2021 , for his personal use , failing of which , my client can file a suit against you regarding the recovery of possession of his premises and damages. The suit may be sustained by my client for the reason of you retaining his premises even after being informed . Therefore you are advised to vacate the premises.
A copy of this notice is kept in my office for record and further necessary action and you are also advised to keep a copy of this notice as you would be asked to present it in the court of law.
Advocate
XYZ ( Any Name )
Conclusion :
This project has explained what are the types of notice present against the government officials and others . The project starts by explaining notices and then here gives you a sample of notice .
It speaks of what are those essentials necessary in order to file a suit or to give prior notice to someone. Also it tells you the importance of the notices. It gives a brief knowledge of what a notice is under Sec 80 of the CPC 1908 .
A legal notice is formal document by an attorney for his client , as it is considered a very important document in the course of any lawsuit as the actual dispute are solved by the courts by a mere notice being produced in the court of law . The effectiveness of a notice also depends on the drafting skills of the lawyer on how he prepares the document which is to be presented to the recipient.
References:
- www.lawlex.org
- www.lexforti.com
- The Code of Civil Procedure , 1908
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