Drafting Legal Notice and what are its essentials.pptx

It's all about legal drafting and how to draft a legal notice. What is legal notice and what are its essentials. Legal
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1. Drafting Legal Notice

2. Introduction There are several occasions when a person or an entity needs to take a legal action against another person or an entity . The several occasions can be consumer complaint, property dispute, check bounce, divorce, eviction and many more. However , it is important for you to inform the other person that you are going to initiate a legal action against them. That is the reason, you send a legal notice to a person or an entity .

3. Cont.… • Every form of formal communication has a pre-planned arrangement that everyone who participates in it is required to adhere to in order to be successful . • This pre-planned arrangement is known as a format . • Legal Notice is one such type of formal communication which has its own format which details how and what information needs to be provided in the notice.

4. Cont.. It is necessary for a lawyer to stick to the format of legal notice while drafting it. • A well-drafted legal notice helps a person to avail the quickest remedy . • And It makes the recipient agree to the terms of the party who is sending the notice and thus eliminates the need to take the matter to court .

5. Legal notice meaning • A legal notice is a formal written communication between the parties. • The legal notice is a document which is sent by a lawyer on the instructions of his client to a person . • Through a legal notice, the sender notifies the recipient about his intention of undertaking legal proceedings against the latter.

6. Cont.. A legal notice also helps in making the receiving party aware of the grievances of the sender. • It works as a last warning to the receiver to fulfil a certain condition if he does not want a court battle. • In India legal notice is considered to be the first step involved in legal proceedings

7. Importance of filing a Legal Notice • It is often regarded and said by the top Supreme Court lawyers in India that legal notice creates the basis of almost every legal action in India. • It is a very time and cost-effective tool for settling the matters without any litigation procedure but rather through negotiation, mediation or arbitration . Certain situations may arise where you get confused about how to initiate legal action in order to resolve your client matter . The filing of a legal notice gives a new beginning to your journey of litigation.

8. Legal provisions related to legal notice • A legal notice is sent under section 80 of the Code of Civil Procedure , 1908. • A legal notice is usually filed in civil matters . • There is no filing of the legal notice in criminal cases as in case of a criminal offences the action is instituted by the State against the person committing the offence. • However, if one intends to initiate a civil suit against the Government a legal notice must be served to the Government beforehand and only thereafter a civil suit can be filed against the Government.

9. Is serving of Legal Notice mandatory? As per Section 80 of the Code of Civil Procedure , 1908 it is mandatory to serve a legal notice before the filing of a suit if the opposite party is Government or Public officer . • But, in practicality, it is seen that Advocates serve legal notice before the filing of all the Civil cases . • However, it is not mandatory to serve a legal notice in all civil cases except in case of the filing of a suit against Government or Public officer but formally it has been sent by the party intending to sue.

10. When to send a Legal Notice? There are numerous reasons for which you can send a legal notice to a person or an entity. However, the most common ones are: • Disputes related to property such as mortgage , delayed possession delivery by the builder, eviction /ɪˈvɪkʃ(ə)n/ of the tenant, the partition of family property , etc . • Notice to the employer for wrongful termination , unpaid salary , violation of any right of the employee by the employer, etc.

11. Cont.… Notice to the employee for violation of the HR policies, sexual harassment act at the workplace , leaving the job without handing over the resignation letter, violation of any provision of the employment agreement, etc. • Notice to a company manufacturing or providing service of faulty products, faulty services , false advertisement, etc. • Notice in the case of cheque bounce to the issuer of the cheque . Eg . R. V Roja case • Notice in case of personal conflicts such as divorce , maintenance, child custody , etc

12. Content of legal notice • The aggrieved person/ group of persons can draft the notice on their own, but it is a wise option to get it drafted by an experienced Legal practitioner . • A well-drafted Legal Notice is made on the letterhead of the Advocate having his address and contact details and must also contain the following information- • The title of legal notice • Matter and facts • Sender’s demand and requirements • Result and consequences

13. Sample Legal Notice A person ‘ X ’ took goods on credit from ‘ Y ’ on 7th January 2022, during the ordinary course of business on the pretext of paying for it after 2 months. Now, if ‘ X ’ fails to make the payment for the goods after expiry of 2 months, ‘ Y’ can send a Legal Notice for recovery of money . Following things will form the content of Legal Notice:

14. The title of legal notice The title must be short , and informative, which can give a glimpse of the matter, which is discussed in the notice, moreover, the perfect address should be mentioned so that the notice reaches the correct destination and to the correct person . In the above example , the title of the notice can be: “ Notice for the recovery of money on account of credit sale of goods .”

15. Matter and facts • This part mentions the cause of the concerned notice . • The acts which have intentionally or unintentionally created a problem for the sender should be precisely stated . • If there are any previous communications related to the matter that must also be referred . • No vital information related to the matter should be left out . • In the above example, the body of notice will look like : • That you bought goods on credit from my client on 7th January 2022 . • That you promised to make the payment to my client within 2 months . • That you failed to pay the amount till March 1, 2022.

16. Sender’s demand and requirements • The demand of the sender of the notice needs to be carefully drafted and mentioned in the notice . • The sender can either ask for specific performance or monetary compensation for the grievance and mental harassment that he had to suffer due to the conduct of the other person

17. In the above example, the demand clause will look like: “ I, therefore, through this Legal Notice call upon you, on my client’s behalf, to make the payment of Rs .____/- in favour of my client, within ___ days from the date of receipt of this Legal Notice along with interest of Rs .___/-.

18. Result and consequences • The result of not complying with the conditions of the Legal Notice is to be mentioned in the notice itself . • The consequences will act as intimidation for the addressee to take necessary action in the stipulated time. • The addressee should be given a reasonable time, say 20 to 30 days to settle the matter by either negotiation or otherwise

19. In the above example, the result clause will look like: In the above example, the result clause will look like: “In the event of failing to do so, my client has given me the clear instructions to file a Suit for Recovery along with Civil and Criminal suits in the competent court and in such event, you will be fully responsible for all the expenses , costs, risks, and consequences thereof .”

20. Conclusion A legal notice is an important way of communication between the parties . A well drafted legal notice can make the parties resolve their disputes without indulging in the hassle of a formal legal proceeding and thus can save time and costs . The best lawyers in Indian often consider that legal notice is a highly essential legal document as it can pave way for negotiations and settling of disputes beyond the Courts.

21. Sample Tenant Eviction Notice ADVOCATE OFFICE Address_________ Contact No.: ______________ Email: _________________ Ref. No._____ Dated: ___________ REGISTERED A.D. LEGAL NOTICE To, (Name and Address of the Recipient.) ______ Son of _____ Resident of ______________ Sir,

22. Having instructions from and on behalf of my client _____ son of _____R/o _____, I do hereby serve you with the following legal notice: 1. That my client is the owner of _____. 2. That my client let out the shop, SCO No.________, measuring ______sq. Metres to you in the month of _____, _____on a monthly rent of _____/- per month plus _____/- per month as maintenance charges. 3. You and my client entered into Rent Agreement on _____ for the period of _____ months. 4. That it was also settled between you and my client that in case you fail to pay the monthly rent consecutively for a period of two months to my client, then my client shall be entitled to get the rented premises vacated immediately and you would hand over the actual physical possession of the rented premises to my client. (Statement of facts.) 5. That you have paid the rent of the rented premises to my client up to the _____ and thereafter you have not made any payment till date. ( Cause of action .)

23. 6. That my client demanded the rent due to him _____/- per month for the months of _____ amounting to _____/. 7. That as per the terms and conditions of the Rent Agreement, the said Rent Agreement was executed for the period of only_______ months i.e., up to _____ and the period of tenancy has already been completed, therefore, the Rent Agreement dated _____ has expired. Now my client is not interested in continuing with the tenancy and wants you to vacate the said premises. (Reason for eviction). I, therefore, through this legal notice call upon you to pay the due amount of rent _____/- along maintenance charges and interest and vacate the premises of my client immediately, within _____ days from the date of receipt of this legal notice. (Relief demanded by the Plaintiff). In case you fail to do so, then my client has given me clear instructions to file legal proceedings against you in the competent court of law under the provisions of the Indian

24. Contract Act and other applicable laws. In that event you shall be fully responsible for all costs, risks and responsibilities. ( Legal basis ). A copy of this legal notice is retained in my office for record and further necessary action. Advocate . In  Bihari Chowdhury v. State of Bihar  [AIR 1984 SC 1043], Supreme Court has stated that  “The object of the section is the advancement of justice and the securing of public good by avoidance of unnecessary litigation”.