PROJECT WORK

LEGAL NOTICE

SUBMITTED TO: SUBMITTED BY:

Ms. Apoorva Singh Prince Arora (A11911115008)

B.A., LL.B (H)

SECTION - C

SEMESTER – VI
 Introduction
All legal action can only be taken once notice has been served upon the entity or individual you
wish to take to court. It is only this process that legalises bringing a matter to court. The
intimation sent is known as a legal notice.

A legal notice is, therefore, a formal communication to a person or an entity, informing the other
party of your intention to undertake legal proceedings against them.

This notice, when sent, conveys your intention prior to the legal proceedings and thus, makes the
party aware of your grievance. Many a times, a legal notice served will bring the other party on
heels, and the problem can get resolved out of court too, with fruitful discussions on both sides.

And, if the other party is still not heeding to the grievance, one can always start the court
proceedings after a particular interval, as stated by the law.

Although a legal notice can service as a purpose of negotiations between the parties and save
time, effort and money that are usually spent in court cases.

Essential Information
A legal notice is filed as per Section 80 of Code of Civil Procedure, 1908 and is only filed in
civil cases. A legal notice is an intimation and thus carries the following information:

1. Precise statement and facts relating to the grievance for which the action is to be taken.

2. Alternatives/relief sought by the grieving party.

3. How are the relief/problem in hand be solved, a summary of facts and the way it can be
solved.

A complete brief of the problems that the aggrieved party is facing, combined with what can be
done to resolve the issue need to be clearly mentioned. The last past of the Legal notice should
contain a detailed account of how relief can be obtained/problem solved, if mutually agreed upon
the grievance.

A perfectly crafted legal notice, can act as a mediator between the two parties and help solve the
issue out of the court, if both of them are willing to compromise on the issue.
 Filing a Legal Notice
A legal notice, although a simple document, requires precision and accuracy and use of definite
language to ensure the message sent across is correct. A legal expert or an agent can help in
putting forth the legal notice as per law and wording it as required for the particular issue.

1. The first step is to draft a legal notice, with the issue, the relief sought and a definite time
frame (say, 30 to 60 days) to solve the issue, is to be addressed to the other party, and sent
through a registered AD post.

2. After sending the notice, save the copy of the receipt sent. This may come in handy in case of
filing for the court case.

3. Wait for a given period, before the filing of the court case.

4. Now, the person or entity on whom the legal notice is addressed will have the above
mentioned days to revert back with the notice or agree for out of the court settlement.

Although the other party may or may not reply to the legal notice, it is essential for a person on
whom the legal notice is addressed to send a reply within the stipulated time. If not replied to a
notice, one may be at a disadvantage of not following the law, and thus, may give the other party
undue advantage while appearing in the court.

A legal notice can be sent personally too. One can draft a legal notice, and authorize it before
sending it to the other party. However, since wording a legal notice is extremely important if the
case reaches the court, and citing of aw under which you have raised the claim is essential,
having an expert in law to make the copies of the legal notice will work to your advantage.

The same applies to replying to a legal notice too, since here too, one may not know the
appropriate law to be used, to revert to the claims demanded by the other party.

Format
ADVOCATE NAME OFFICE ADDRESS

DESIGNATION _____________

CONTACT NO.

__________________________________________________________________

Ref. No.________ Dated: ________

REGISTERED A.D.

To,

1- _______________

2- _______________

SUBJECT: LEGAL NOTICE UNDER SECTION ____OF _____ ACT, _____.

Dear Sirs,

Under instruction and on behalf of our client _______ son of _______, resident of _______, I do
hereby serve upon you with the following notice under section ___ of the _______ Act

1- That my client ______________.

2- That since ______________.

3- That on ______________.

4- That my client filed a Demand Notice ______________.

I therefore through this Notice call upon you ______________.

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

NOTICE BY LANDLORD TO TENANT FOR DEMAND OF POSSESSION

OF HOUSE AFTER EXPIRY OF LEASE PERIOD
A written notice completed by either the tenant or the landlord to provide notification of
planning to vacate the premises or as a demand to vacate. In most cases, a landlord will provide
the notice to vacate nearing the end of a lease or due to the tenant breaking the lease due to not
obeying its stipulations or for not following through with payment of rent. The tenant is typically
given 30 days to vacate the premises. For cases when the notice is given from tenant to landlord,
it is to provide indication the tenant plans to leave the premises and the landlord is free to
advertise for a new tenant.
 Format
Registered A.D.

AB

Advocate, High Court

...................................

...................................

Date ............................

Shri ...................................

.........................................

Dear Sir,

Under instructions from my client Smt. X wife of Shri .................... resident of

................................... owner of the house bearing No. .......................................................... I
hereby give you notice that the lease deed dated ......................... made between my client of the
ONE PART and you on the OTHER PART in respect of premises No. .........................................
(hereinafter referred to as demised premises), has expired by efflux of time on the .............. day
of ..............., 2000, and I hereby call upon you to quit, vacate and deliver quiet and peaceful
possession of the demised premises on or before the ....................... day of ......................, 2000,
failing which my client will file a suit against you for recovery of possession of the demised
premises and for damages, which may be sustained by her by reason of your willfully retaining
possession thereof and for breach by you of the covenants contained in the lease deed.

Yours faithfully

AB

Advocate
 NOTICE OF DISHONOUR OF BILL OF EXCHANGE TO DRAWER
A bill of exchange is said to be dishonored when its acceptor refuses to pay the amount of the
bill to the holder of the bill on its maturity. The bill then becomes useless and the party from
whom it has been received will be liable to pay for the amount. It is very important to know that,
when a bill is dishonored, in whose possession it was? Because when a bill is dishonored, all the
parties involved are effected and books of accounts of all the parties have to be adjusted. For
example, A draws a bill of $5,000 on B and B accepts it and returns it to A. A retains the bill in
his possession till the due date. On the due date the bill is not honored by the acceptor. We can
see, there are two parties involved whose books are to be adjusted. If suppose, A has discounted
or endorsed the bill, then there are three parties involved and books of accounts of all the parties
are effected.

Format
.........................................

..........................................

..........................................

Date ...................................

TO,

ABC

..........................................

..........................................

Dear Sir,

I hereby give you notice that a bill of exchange No. .................. dated .................. for Rs.
..................... drawn by you on XYZ (drawee) son of ..................... of ..................... and payable
to me or order ..................... days after date has been dishonoured by non-acceptance (or by
nonpayment) and protested (in case of a foreign bill) and you are held responsible for the same.

Yours faithfully,

....................................
 NOTICE BY ADVOCATE CLAIMING DAMAGES FOR DEFAMATION
Defamation is where a person intentionally states or spreads information about another person to
cause others to think less of that person. Whether a particular statement is considered defamatory
will depend on the circumstances of each situation, but as a rough guide a defamatory statement
can be anything that:
- Makes someone the butt of jokes;
- Damages their reputation;
- Causes others to avoid them.
Format
...................................
...................................
Date ............................

TO,
Shri ..........................
Editor and Publisher
................................
................................
................................

Dear Sir,

Under instructions from my client Shri A, etc. of ..................... I hereby state as under:
1. In your newspaper ....................... of the ............ 19 ...... you have published an article
.......................... in which you have made the following defamatory remarks about the
said Shri A.
(a)
(b)
(c)
(d)
2. The said Shri ....................... is a respectable man of the society.
 3. The remarks made in the newspaper about the said Shri ................ are false, baseless,
highly defamatory of the said Shri ...................... and made with the intention to
defame the said Shri ..................... and the said Shri ....................... has suffered in his
reputation and has been lowered in the estimation of his friends and the general
public.
4. I hereby give you notice to pay a sum of Rs........................ to the said Shri A as
damages and publish an unqualified apology prominently in your newspaper within
....................... days from the receipt of this notice.

I hereby give you notice that if you fail to comply with this notice, I will initiate legal
proceedings either to prosecute you in a criminal court for defamation or to sue you for damages.

Yours faithfully,
Sd-
Advocate