In a contemporary world, we enter into many contracts and agreements with individuals or firms. Therefore, litigation has gained a lot of importance over time. Some people file legal suits straight away, and a few choose to intimate to the opponent. Serving of notice is made according to the legal law. There are legislations which make it necessary to serve notice to the opponent showing the intent of the lawsuit. For instance- The Transfer of Property Act, Industrial Dispute Act, Indian Contract Act, etc.
What is a Notice?
The word “notice” is self-defined and well understood. There is no precise and legal definition of this term. It just means intimation, knowledge, information, attention, etc.
Basically this term indicates merely intimation to the person concerned of a particular case. It shows that the court cannot restrict the words “notice in writing” to just a letter. It may take different forms. It must, to be adequate, be in writing and must imply only that the award has been made and confirmed.
Object of a Notice
The primary object of the serving of notice is to show the purpose behind the filing of the lawsuit. It is given to end the point of dispute between parties without going to the court of law. The objective of it is to provide the opposite party with a chance to rethink his legal position and to perform amendments or afford restitution without appeal to a court of the lawsuit. Moreover, the Supreme Court, in the landmark case, stated that “The purpose of the section is the improvement of justice and the securing of public good by avoidance of undesirable litigation.” The notice is assumed to be served simply when it is received or refused by the addressee and not only by posting the notice.
Nature and Scope of Legal Notice
Laws regulating legal notices are of procedural nature, hence, require more vigilance and care while drafting a notice. Ignorance of the law is no justification in procedural law where a subject is regulated with remarkable procedures.
Instances in which legal notice can be served:
Mostly this term can be served to the opposite party in the event of property dispute, dishonor of cheque, family dispute, consumer disputes and labor matters.
Section 80 of Civil Procedural Code 1908 declares that if a suit is to be filed against the public officer or the state authority or the state or central government, a legal notice is to be followed to rectify or correct their breach or misconduct within two months.
So, if you desire to send a legal notice or have a notice to answer don’t waste your time, take the advice of an experienced lawyer.
Learn About : Sending a Legal Notification to a Company