๐ 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
No comments:
Post a Comment