The basic object of the serving of notice is to show the intention behind the filing of the suit. It is given to settle the point of dispute between parties without going to the court of law. The object of the notice is to give opposite party an opportunity to reconsider his legal position and to make amends or afford restitution without recourse to a court of law. The Supreme Court, in the landmark case, stated that “The object of the section is the advancement of justice and the securing of public good by avoidance of unnecessary litigation.” The notice is deemed to be served only when it is received or refused by the addressee and not simply by posting the notice.
Nature and Scope of Notice
Laws regulating notice are of procedural nature, therefore, requires more vigilance and care while drafting a notice. Ignorance of the law is no excuse especially procedural law where a subject is regulated with some procedures.
Cases in which legal notice can be served
Mostly a notice can be served to the opposite party in case of property dispute, dishonour of cheque, family dispute, consumer disputes and labour matters. Section 80 of the CPC states that if a suit is to be filed against the public officer or the state authority or the state or central government, a notice is to be served to rectify or correct their breach or misconduct within 2 months.
What should be done after receiving a notice?
It is not mandatory to reply a legal notice, yet it is advisable to reply appropriately to the notice bearing in mind the laws applicable. No reply to a notice can add advantage to the sender in a court of law. You can hire top lawyers in India to send a reply to a legal notice.
The reply must be given within the stipulated time. In case if you have received a legal notice do not panic, simply follow the following procedures-
Step 1: Read the content of the notice carefully in the context of the agreement, executed between the parties. If you think that the notice is not accurate or can be contested and need legal help, approach a qualified lawyer.
Step 2: Check the time limitation within which the reply is to be given. Once a time limit is given for replying the notice, try to comply with the time stipulated.
Step 3: Keep a record of the time of notice within which you received the notice. A good record keeping will be an advantage even if the opposite party files a suit against you.
Step 4: Check the contractual obligations which the sender of the notice needs to fulfil and which it lacks. Breach of contractual obligations will be a good defence for the receiver. Counterclaim for damage due to breach and compliance of obligation can be done.
Legal notices are an important part of adjudication process providing fair and reasonable chance to settle the disputed points and to intimate the parties of the legal action. It all depends on how a notice is drafted, whether the focus of lawyer is to settle the points of a dispute through arbitration /conciliation or to escalate tension by approaching the court.
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