Is Issuance of Legal Notice Obligatory?

Essentially, as per Section 80 of the Code of Civil Procedure, 1908, it is necessary to serve a legal notice before the filing of a suit if the opposing party is State or Public officer. But, in general, it is seen that Advocates serve legal advice ere the filing of all the Civil cases. Nevertheless, it is not mandatory to help legal notice in all civil cases except in case of the filing of a suit facing Government or Public officer. Still, formally it has been sent by the party planning to sue.

Details to Identify

• The individual/party being served with the lawsuit/notice is called the respondent or defendant. A ‘legal notice’ may be responded to only if it has credit and needs to be replied.
• One of the most outspoken reasons as to why legal notices are used deals with integrity. It is obvious that the notice sent by the plaintiff may not arrive at the respondent; this can be due to a variation in address, location, or data about the respondent that is not available to the plaintiff. So far, usually, it has not been across such a situation, but there are appropriate legal steps we can take in these situations.
• If the notice has material – and the facts stated therein, if contested against in the court, could go opposite you – then do consult a restricted and reputed lawyer who practices in the issues related to the notice being sent and review it with them. For example, if the notice involves belongings disputes, visit a civil lawyer. On the other hand, if the notice is concerning family disputes, visit a lawyer who exercises family law – and so on.
• Regarding the question of whether to reply to the notice or not, leave it to your lawyer. Your initial consultation with the lawyer will help you understand if the notice needs to be responded to (or not), and what the right steps are to resolve the issue at hand.
• In case the notice is changed into a suit, you must respond. Ensure that all your facts are in place, the next rounds by your lawyer are advised in a due sequence of action.

Outcomes: Inappropriate Serving of Legal Notice

Notice is a crucial element of court proceedings. By law, all the parties, which are the court, defendant, and petitioner, should be certainly notified about all the relevant facts about the case.

The legal notice is necessary to allow the defendant to prepare appropriately for the court hearing. Such preparations involve the hiring of lawyers and compilation of legal Documents etc. Until the law court is satisfied that all parties have received adequate and proper notice, they may take the necessary actions to protect their rights. In those cases, the court will not proceed with the situation. It may result in.

• A suspension or delay in the case
• An already established court order in your favor may be reversed, revoked, or declared invalid.
• Supplementary costs or court charges may be incurred.
• You may be asked to re-publish or re-serve the notice.

Notion: Caveat Petition Vs. Legal Notice

• Caveat petition is explained via Section ‘148A of Civil Procedure Code’, 1908. Caveat petition is defined as the prudent measure taken by an individual who holds a great fear or agitation that some. The other case against him or her is going to be filed in the court of law linked to any manner. The caveat is usually a Latin phrase, which proposes ‘let a person beware.
• Whereas a legal notice is filed under Section ’80 of the Code of Civil Procedure, 1908′, and it is presented only in civil cases. All legal action can be taken subsequent the notice has been served upon the individual or entity one instructs to take to court. It is only this process that legalizes getting a matter to court. The notice which is sent is known as a legal notice. So, legal notice is an official communication to a person or an entity, informing the other party about the intention to undertake legal proceedings against them.