Section 80 of Civil Procedure Code
Image source - http://bit.ly/33t6wVl

This article is written by Pearl Narang, a student of Chandigarh University, Mohali. In this article, she has discussed and covered various important aspects related to Legal Notice Format. 

Introduction

All forms of formal communication have a pre-planned arrangement which every person who indulges in it, has to follow. 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.

It is necessary for a person to stick to the format of legal notice while drafting it. A well-drafted legal notice helps a person to avail the quickest remedy. 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.

Legal Notice Meaning

A legal notice is a formal written communication between the parties. Through a legal notice, the sender notifies the recipient about his intention of undertaking legal proceedings against the latter. 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.

It is used in a wide variety of situations,

  1. In Consumer Forums: In case, a faulty product or service is provided to a person he or she can send a legal notice to the concerned person and ask him to rectify the deficiencies. 
  2. Disputes related to property such as partition, eviction or issues relating to possession of the property. 
  3. Loan Defaulters: Under the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (SARFAESI Act), the debt recovery proceedings begin by sending a legal notice to the defaulters.
  4. Cases under the Negotiable Instruments Act: In case of dishonour of cheque, the aggrieved can send a legal notice for recovery of payment. 
  5. Money Recovery Cases: The first step in money recovery cases is sending a legal notice to the concerned person.
  6. Employee and Employer/Company: If the employer in any way deprives the employees of their salary, then the employee can send a legal notice to the employer.

It is a tool to save time and cost of litigation as it opens the door for the parties to settle the matter through negotiation, mediation or arbitration.

Pre-legal Notice Meaning

Pre-legal notice means ‘before being legal’, this notice is sent to the parties before sending them the legal notice. It is a kind of personal communication between parties. While a legal notice warns of a litigation, a pre-legal notice acts as a warning before legal notice. 

Content of Legal Notice 

A legal notice must contain all the relevant information. A legal notice is part of only civil cases. Because only in civil cases can the parties decide or settle the matter outside court whereas, in criminal cases, it is the state which brings the action against the wrongdoer. 

A legal notice has different significance for both the sender and the receiver.

The sender sends a legal notice to communicate his grievances and to seek appropriate remedy.

Through the notice, the receiver gets to know the grievances of the sender. The receiver after receiving the notice can take appropriate action to address the sender’s grievances and thus can avoid litigation. 

This is why, it becomes all the more important that a legal notice has all the necessary information.

Illustration: 

If ‘A’ gives a loan to ‘B’. There is an agreement between the parties that ‘A’ will pay back the loan within 6 months. After 6 months, ‘B’ fails to repay the loan. In this situation, ‘A’ can send a legal notice to ‘B’ to recover the due amount. 

If the sender, ‘A’ hires a lawyer for drafting the notice, then the notice will be drafted on the lawyer’s letterhead.

The legal notice will have the following essentials: 

  • The name and address of the sender, and 
  • Cause of action, and 
  • The specific amount claimed by the sender, and
  • The legal basis for the relief, and
  • Signature and stamp of the Advocate who is sending the legal notice. 

Concise Statement of Material Facts of the Case

A legal notice must contain all the relevant facts of the case. It should detail the cause for filing the suit. The facts mentioned in the legal notice must be accurate otherwise the suit may be dismissed. 

In a money recovery case like the one illustrated above, the facts would be stated as follows, 

  1. That, my client ‘A’ loaned you a sum of Rs. 50,000 on 15th March, 2019.
  2. That, you promised to pay back the loan to my client ‘A’ within 6 months. 
  3. That, you failed to repay the loan within the agreed timeframe. 
  4. … 
https://lawsikho.com/course/certificate-criminal-litigation-trial-advocacy
              Click Above

Relief by Plaintiff

The relief that the aggrieved party is seeking must be mentioned in the notice. It lets the recipient know what the aggrieved party wants, so that he can rectify the issue and thus can settle the matter outside the court. 

In the legal notice that ‘A’ sends to ‘B’, the amount of money due to him by ‘B’ should be specifically mentioned along with the interest accrued on the loan. 

Concise Summary of Legal Basis

A legal notice warns the other party of litigation if the aggrieved party’s conditions are not fulfilled. Legal basis means under what provision of law, the plaintiff can take action against the defendant. Thus, it is necessary to mention the legal basis for the relief sought. 

In the above case for money recovery, ‘A’ can initiate proceedings against ‘B’ under Order 37 of The Civil Procedure Code, 1908.

Types Of Legal Notice

Tenant Eviction Notice

In India, the rights of tenants are given in Rent Control Act,1948. When land is leased to a tenant, a Rent Agreement is signed between the tenant and the landlord.

Even though, tenants are provided with rights which protects them against forced or unlawful eviction, there are certain grounds on which the landlord can file an eviction suit. Before filing an eviction suit, first the landlord has to send a legal notice to the tenant. 

The legal notice will contain: 

  1. The number of days within which the tenant has to vacate the property, and
  2. The time and date on which the property should be vacated, and
  3. The reason for eviction. 

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,

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 handover 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 upto the _____ and thereafter you have not made any payment till date. (Cause of action.)
  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. upto _____ 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 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

Employee and Employer/Company

Employees are seldom aware of their rights, this is one the main cause of their exploitation by their employers. 

Delayed or non-payment of salary, wrongful termination etc. are some of the problems faced by the employees.

In case of delayed or non-payment of salary, the employee can send a legal notice to his employer and claim the money due to him for the services rendered.

Sample legal notice to the employer for non-payment of salary: 

Registered A.D. 

Legal Notice 

To,    (Name and Address of the Recipient.)     Dated:

Company Name
Through its Managing Director
Mr. X

Sir,

Under instruction and on behalf of my client Mr. A, S/o______,R/o_______ I do hereby serve you with the following notice:

  1. That my client was appointed by your offer letter dated 21st September 2018 and the salary of my client was fixed at Rs. 56000 /- per month.(Statement of facts.)
  2. You issued the offer letter in the name of my client and also gave him an Identity card. 
  3. That my client did his duty regularly and with utmost punctuality.
  4. That on 4th January, 2019 when my client went to do his duty then your office abruptly refused to allow my client to do his duty.You told my client his services are no longer required. Thus you terminated the services of my client without any reasonable cause. At the time of termination of the services of my client, you did not pay the salary for the month of November and 15 days salary for the month of December which comes to Rs. 33,500/-. 
  5. That my client visited your office from time to time and spent a huge amount of Rs. 2500/- on the charges of traveling but you refused to pay. Lastly on 2nd February, 2019 you clearly refused to pay the salary of Rs.33,500/- to my client along with traveling charges. You also did not pay amount of bonus and other service benefits which amounts to Rs. 28000/-. (Cause of action.) 

I, therefore, call upon you through this Notice, to make the payment of the Rs. 90,000/- to my clients along with interest up to date, within 15 days.(Relief claimed and a time period provided.) 

In case you fail to do so, my client has given clear instructions to me to file criminal as well as Civil Suit and Suit for Recovery in the competent court of law and in that event you will be fully responsible for all costs, risks, responsibilities, expenses and consequences thereof. (Legal basis.) 

A copy of this Notice is kept in my office for record and further necessary action and you are also advised to keep the copy safe as you would be asked to produce in court.

Advocate

Cheque Bounce Notice

In case of dishonor of cheques, a legal notice is filed under Section 138 of the Negotiable Instruments Act. 

Sample legal notice in case of dishonour of cheque:

Registered A.D.

Legal Notice

To,           Dated:

Mr. X, (The Name and Address of the Recipient.) 

Dear Sir,

Under the instruction and authority from my client Mr. ABC (hereinafter referred to as my ‘client’), I do hereby serve upon you the following notice under Section 138 of the Negotiable Instrument Act, 1881:

  1. That my client and you know each other for the last 2 years and on that account you demanded a friendly loan of Rs.6,00,000 from my client in the month of June. My client loaned you the said amount.
  2. That earlier, you issued a cheque dated 27th July, 2019 for Rs.6,00,000 drawn on _______, in order to discharge your liability.
  3. That when the cheque was presented for encashment by my client the same was returned unpaid by the banker with the reason of “Insufficient Funds”. My client informed you about it through telephone.(Statement of facts.) 
  4. That despite various reminders, you failed to pay the due amount to my client. You tried to avoid the matter.This is why my client is left with no other option but to present you with legal notice.(Cause of action.) 
  5. That you have failed to comply with the provisions of the law and also failed to discharge your liability from your account and the same cheque was dishonoured intentionally and willfully.
  6. That, either you discharge your liability towards my client in the next 15 days or criminal and civil charges will be framed against you, and you can be punished for imprisonment which may extend to two years, or with fine which may extend to twice the amount of the cheque, or with both. (Relief claimed and legal basis.)

Advocate

Consumer Dispute

When a person is provided with deficient goods or services, he as a consumer, can file a legal notice against the concerned person. In the legal notice, the consumer can give a reasonable time, for instance,15 days to rectify the deficiencies in the product. 

Sample legal notice in case of consumer disputes:

REGISTERED A.D.

LEGAL NOTICE

To,

M/s———————–

Address: (Address of the seller.) 

Subject: Notice against defective goods sold by you.

Sir,

  1. That the undersigned is a consumer as defined under Consumer Protection Act,1986. 
  2. That we have purchased goods from you, receipt dated ________by paying an amount of Rs.___________. (Statement of Facts.) 
  3. That the said product due to the following defects: (Description of the Defects.) 
  4. That the above said act on your part has caused us great loss and inconvenience and loss of value of money. 
  5. That, you are hereby asked to replace the said good or provide us a refund immediately within one week of receipt of this notice. (Relief claimed by the Plaintiff.) 
  6. In case you fail to do so,the undersigned shall be free to initiate legal proceedings against your act of unfair trade practice and deficiency of services under the provisions of the Consumer Protection Act, 1986 and shall seek the refund of the amount already paid to you with interest and damages for which you shall be liable. (Legal Basis) 

This notice may be treated as the last and final communication on the issue. 

Thanking you,

Yours truly,

(Name)

Address

Section 80 of Civil Procedure Code, 1908

A legal notice is filed only in civil cases. In criminal cases, it is the government which brings action against the wrongdoer. However, when a suit is filed against the government or a public officer giving a legal notice is mandatory under Section 80 of Civil Procedure Code. 

Section 80 of the code details two things. 

  1. Who should be served with the notice?
  2. What should the notice contain?

Who should be served with the notice?

It is stated in the section that, 

  1. If the suit is filed against the Central Government or State Government, then the secretary to that government or collector of the district should be served with the notice;
  2. If the suit is filed against railway, then the General Manager will be served with the notice;
  3. If the suit is filed against Government of Jammu and Kashmir, the Chief Secretary to the government or any other authorized person will be served with the notice;
  4. If the suit is to be filed against a public officer, then the notice should be delivered to him or left at his office. 

The Government or the officer who is served with the notice are provided with a timeframe of 2 months to resolve the issue. In case they fail to do so, a formal legal proceeding can be initiated against them. 

This mandatory requirement is made to discourage frivolous lawsuits against the government.

What should the notice contain? 

Section 80 also states what essential information must be there in the notice. This information includes, 

  1. The Name, Description, Residence of the person sending the notice;
  2. The cause of action for filing the notice;
  3. The relief/compensation claimed by the plaintiff. 

Filing a Legal Notice

A legal notice can be filed and drafted by the person himself or he can avail the services of a lawyer.

If a person avails services of a lawyer for drafting the notice, then the notice should be typed on the lawyer’s letterhead. 

A legal notice should contain all the material facts of the case. It should have the recipient’s name and address. The legal notice can be sent by the person himself or his lawyer. 

In the legal notice, the cause of action for filing the suit must be mentioned. It should also state all previous communications regarding the cause of action. 

The aggrieved party should give a reasonable time to the recipient to settle the matter. The matter can be resolved by:

  1. Addressing the grievances of the aggrieved party, or 
  2. Negotiating on the matter, or 
  3. Performance of the desired action by recipient. 

The notice is sent through Registered Advocate’s post. A copy of the notice is kept by the sender or by his lawyer. 

Importance of Filing a Legal Notice

These days, courts are overburdened with cases. Because of this nowadays, litigation is the last resort for anyone who wants to have a quick solution to his problem. 

A formal legal proceeding is a very slow and costly process. This is why before filing a suit, one should always file a legal notice. It is important to file a legal notice because of the following reasons:

  1. Through a legal notice, the plaintiff can convey his grievances to the recipient in a detailed manner.
  2. The receiver of the notice can address those grievances to save himself from a formal legal proceeding. 
  3. The matter can be settled outside the court without getting into the hassle of litigation. 
  4. Legal notice gives an opportunity to parties to settle their dispute through Alternative Dispute Resolution mechanisms. 

Example of Legal Notice

Example of format of a legal notice:

ADVOCATE NAME      OFFICE ADDRESS:___________

CONTACT NO.________________________________________

Ref. No.________       Dated: ___________              

 REGISTERED A.D.

To,

1- _______________ (Name and Address of the Recipient.)

2- _______________

SUBJECT: LEGAL NOTICE UNDER SECTION ____OF _____ ACT, _____. (Legal Basis)

Dear Sir,

Under the instructions and on behalf of my client Mr./Ms. _______ S/o _______, resident of _______, I do hereby serve you with the following notice under section ___ of the _______ Act. 

1- That my client ______________. (Statement of Facts) 

2- That since ______________.

3- That on ______________.

4- That my client wants you to ______________.(Relief Demanded by the Plaintiff.) 

I therefore call upon you through this notice ______________.

A copy of this legal notice is retained in my office for further necessary action.  

ADVOCATE NAME

Sample legal notices on various subject matters are given here.

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. 

References

  1. A typographical error in legal notice proves costly for petitioner. 

Students of Lawsikho courses regularly produce writing assignments and work on practical exercises as a part of their coursework and develop themselves in real-life practical skill.

LawSikho has created a telegram group for exchanging legal knowledge, referrals and various opportunities. You can click on this link and join:

https://t.me/joinchat/J_0YrBa4IBSHdpuTfQO_sA

Follow us on Instagram and subscribe to our YouTube channel for more amazing legal content.

Did you find this blog post helpful? Subscribe so that you never miss another post! Just complete this form…

1 COMMENT

  1. Very Nice & thanks, only one correction two month notice period in cases involving govt. purpose is not to avoid frivolous cases but to give enough time to govt. to settle the dispute at pre – litigation stage & avoid ex – parte orders against govt. etc.

LEAVE A REPLY