Trademark Classification in India
27 Sep, 2023
Legal notice is a formal written communication between the parties. The sender uses imprints to inform the recipient of his or her intention to take legal action. Imprints also help get the recipient's attention to the sender's complaint.There are different types of legal notice used for different purposes, so there are different formats of legal notice that need to be followed.
We use legal notice as a final warning towards the respondent/defendant so that the matter can be settled down outside the court without suing each other and without any form of litigation. So, it is very important to consult with an experienced and professional lawyer before sending a legal notice.
There are different kinds of legal notices for different cases. Some of them are listed below.
Legal Notice format on Eviction
Landlords have a lot of legal remedies available under the Uniform Residential Landlord Tenant Act (URLTA), 1872. Some of which include: forfeiture, monetary damages, some self-help remedies or eviction. A landlord has the right to ask his tenant to vacate the place and the right to start the process of eviction against him. Eviction is the process by which the landlords can eject the tenants from his property. The process begins with the landlord giving a legal notice to the tenant to settle the grievances or otherwise vacate his property. If the terms are not settled, court-proceedings on the eviction can start where both the parties put up their issues. At the end of the proceedings, if the landlord wins, the tenant has to evict the land and restore it back in the hands of the owner.
Legal Notice format on Breach of Trust
Under section 406 IPC, Whoever being in any manner entrusted with property, or with any dominion over property dishonestly misappropriated or converts to his use his property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person so to do commits Criminal Breach Of Trust.
Legal Notice format on Cheating
According to Section 420 Indian Penal Code, whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is being capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
To better understand the terms of inducement and the concept of cheating, Section 415 of the Indian Penal Code defines the offence of cheating. In simpler terms, cheating is a dishonest act performed in order to gain some advantage out of it. Section 420 IPC is a serious form of cheating that includes inducement (to lead or move someone to happen) in terms of delivery of property as well as valuable securities. This section is also applicable to matters where the destruction of the property is caused by the way of cheating or inducement. Punishment for cheating is provided under this section which may extend to 7 years and also makes the person liable to fine.
Legal Notice format on Cheque Bounce
Cheque bounce notice is a clear and severe intimation to the cheque issuer that if payment is not rendered promptly, the cheque recipient may take legal action. A Notice of Section 138 must be sent to the check issuer within 30 days of check return due to validity.In case of dishonours of a cheque according to Section 138 of NI Act of the Law on Negotiable Instruments, this Notice shall be given to the defaulting debtor via a Notice from the unpaid creditor (payee) through an Advocate.The Notice is a sample legal warning, giving 15 days to the drawer to pay the unpaid checksum. The payee shall have the right to lodge a legal complaint. The payee can also begin legal action against the particular defaulting drawer only if the money wasn’t paid within 15 days of the receipt of a notice.
Legal Notice format on Partition suit
Usually in India, one can send a legal notice for the partition of the property mainly in two scenarios:
When one or more than one member of a joint undivided property sale, gift, mortgage, lease out or dispose of any other way; it is an illegal act. Without the written consent of all the other co-owners, it can be opposed by others through a legal notice for the partition of property. The rule is only applicable in case of ancestral property and not applicable in case of self-acquired properties. The legal heirs of the deceased owner of a self-acquired property can dispose of that property in accordance with their wish. Nobody will have the right to raise any objection over that.
On the other hand, in case there is one or more than one owner in the joint property, who is/are willing to do partition of the property and express their intention to others and if the other owners deny doing so then legal notice for partition suit can be sent against them. After receiving a legal notice, if defendants agree with the terms, then mutually all parties can sign a Deed of Partition. A competent advocate drafts this properly. You can also register this before the respective District or Additional District Sub-Registrar. At the time of registration of Partition Deed, respective Stamp duties need to be paid to the Government....Click to Learn More
Legal Notice format on Money Recovery
A legal notice for money recovery is a formal request between two people to warn each other before legal action is taken to recover a legitimate payment. Believe it or not, if your friend has a lot of debt to you, you can also send a legal notice to collect the money from your friend. The role and importance of legal notices in collecting claims is important in order to get money back from those who owe you. You can submit legal notices of refunds from merchants to employees, lessors, friends, companies, banks, etc.... Click Here to Learn More
Importance of Legal Notice
In certain situations, you may need to send a legal notice to resolve the issue. There are several important aspects that can help you solve a problem. The legal notice acts as a warning and lists the sender's intention to take legal action against the recipient to resolve the issue. She can force the recipient to send a reply in the shortest amount of time to ensure that the recipient does not have to go around the plate.
Legal notices may also provide the recipient of the notice with an opportunity to resolve the issue from the bottom of their heart, rather than bringing the entire issue to court. Legal notices allow you to explain your complaint with the help of a lawyer. The importance of legal notice can also be derived from the fact that it can remind recipients of actions that may have caused problems to the sender, either intentionally or unintentionally.
In this blog, we discussed legal notice under section 80 of the Civil Procedure Code and section 138 of the Negotiable Instrument Act, and u/s 406 IPC which makes it mandatory to send a legal notice to the person concerned. A legal notice is the first step to take legal action against a person therefore it needs to contain all the necessary details and information. If there is any matter related to property, cheques, and between spouses or employers and employees they can send a legal notice seeking relief. The legal notice has to be signed by a lawyer and sender and has to be sent to the person through the post, in person, or by online method to let the other person know and be aware of the issue. As these legal notices can be used as court documents, it is very important to maintain the correct formats of the notice.