Legal Notice is formal written communication sent by one party to another party after several communications. The purpose of this communication is to indicate that you are preparing a litigate under the law if you do not fulfill the demand as per the contract and the agreement.
Legal Notices sends in the following Situations:
Employee Situation:
- Delayed or Non Payment Of Salary: In this situation, an employee can send a legal notice to the employer for not paying his/her dues for the services he rendered.
- Wrong Termination: Employee can send a legal notice to the employer if he can terminate the employee without any prior notice or against the agreement signed by him.
- Sexual Harassment: When Sexual harassment at workplace employee can report this or sent a legal notice directly to the employer.
Employer Situation:
- Companies Policies: Doing work against employee policies and employee contracts.
- Leaving Job: Employers can send a legal notice to an employee if he leaves the job without filing a resignation and serves notice as per the agreement signed by him.
- Disclosure of company Information: Employers have the copyright of work done by an employee if the employee discloses the company’s confidential information to a competitor or other, the employer has the right to take legal action against him.
Tenant Expulsion:
The rights of tenants are kept under rent control act 1948 of India. When Some property or land is leased or rented by a landlord or property owner there is proper agreement signed by both parties for transparency and the terms and conditions are written in this agreement.
Tenants have the right to protest against an unlawful expulsion but other ground landlords also have the right to send a legal document to vacate the property as per the agreement signed by him.
Cheque Bounce:
Every individual has the right to send a legal notice in case of cheque bounce, an individual can send a legal notice to issuer within a timeframe 30 days of cheque bounce.
Consumer Dispute Situation:
When an individual has received a flawed product or service by some company or person, so as a consumer he has the right to file legal notice against the concerned person or company to rectify his problem within the specific period of time.
Why is it beneficial to send a legal Notice?
In several times some cases are settled without the trial by internal communication because both parties are agreed to settle without filing a case, because of taking a case to the court is too time-consuming and also its too expensive, but is some case negotiation does not work and individual or company have no other way to file a case or send a legal notice against him to demanding a resolution of a dispute against him.
Legal notices are sent only in Civil Case, it is sent under section 80 of civil procedure code 1908 (CPC). In criminal cases, there is no need to send a legal notice as the state has the supreme power to take the action against him. Also if you take civil action against government first you have to send a legal notice to the government and only after that, you should a civil lawsuit against a government
Content to be mentioned in legal notice
It is very important that your legal notice is clearly drafted and all the points are clearly mentioned to be demanded by the opponent.
All essential points to be mentioned in the legal notice are following:
- Abridged summary of the legal basis of the compensation demanded.
- Abridged statement of the actual fact giving rise to the allegation.
- Complete details of the person (name, proper address) who is sending the complete notice.
The cause of taking action for filing the lawsuit must be clearly mentioned. It should also mention all previous communications by mail or written, regarding the cause of action.
Do you draft a legal document yourself or take the help of a legal expert?
You should draft a legal document yourself or in some cases, you should take the help of a legal expert for your grievances.
Give proper time in notice for either fullfill of your demand or giving a reply.
Conclusion:
A legal notice is a decisive way of communication between the two parties. A well-drafted legal document sent by an individual to resolve their disputes without indulging in the hassle of a court proceeding can thus save time and costs.
