Monday, May 26, 2025

What is a legal notice?

 

๐Ÿ“œ What is a legal notice?

A notice is a formal written communication informing the other party about:
✅ A grievance or breach
✅ A demand or claim
✅ An intention to take legal action if the issue is not resolved

It gives the other party a chance to resolve or respond before litigation.


Legal Basis for Notices

There’s no single “Notice Act,” but several laws require or recognize notices, depending on the context.

Here are key examples:


1️⃣ Civil Procedure Code, 1908 (CPC)

Section 80 CPC

  • Mandatory notice before suing the Government or a public officer

  • Gives the government 2 months to respond before a suit is filed

✅ General principles: Though CPC doesn’t require notice for private parties, sending a notice is good practice to show good faith and to prepare for court.


2️⃣ Contract Act, 1872

  • Many contracts require written notices before termination, breach, or invoking remedies.

  • Example: Notice to terminate a service agreement, or notice to cure a breach.


3️⃣ Transfer of Property Act, 1882

Section 106

  • Notice for terminating a lease or tenancy (15 days or one month, depending on type)


4️⃣ Specific Acts (Insurance, Consumer, Employment, etc.)

While not always mandatory, sending a legal notice before filing:

  • Insurance claim disputes

  • Consumer complaints

  • Employment or labor disputes

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