लीगल नोटिस भेजने और उसका जवाब देने की प्रक्रिया
At a glance
- Law
- S. 138 NI Act · S. 80 CPC · S. 106 TPA
- When
- Before cheque-bounce complaints, suits against the Government, and more
- How
- Through an advocate, by Registered or Speed Post
- Time
- 1–3 days to draft and dispatch
What it is
A legal notice is a formal written communication, sent through an advocate, informing the other party of a claim or grievance and calling upon it to act within a fixed time. A legal notice often settles a dispute without litigation. In some cases the law requires a notice before a case can be filed, and a defective or late notice can defeat the case.
When a notice is compulsory or important
- Cheque bounce (Section 138, Negotiable Instruments Act, 1881): The notice must be sent within 30 days of receiving information of dishonour from the bank. The drawer then has 15 days to pay; the complaint must be filed within one month after that period expires (Section 142).
- Suit against the Government or a public officer (Section 80, Code of Civil Procedure, 1908): Two months' notice is required before filing the suit, unless the court grants leave in an urgent case.
- Termination of a monthly tenancy (Section 106, Transfer of Property Act, 1882): Fifteen days' notice, unless the agreement provides otherwise.
- Recovery of money, breach of contract, defamation, consumer and matrimonial disputes: Not always compulsory, but a notice records the demand and the other side's response and is useful evidence later.
Process: sending a notice
- 1
Facts and documents
Collect the agreement, invoices, cheque and bank return memo, correspondence and dates.
- 2
Check time limits
Confirm the limitation period and any statutory notice period applicable.
- 3
Drafting
The notice sets out the facts in order, the legal basis of the claim, the precise demand, and the time given to comply.
- 4
Dispatch
Send it by Registered Post with acknowledgement due, or by Speed Post with tracking, to every correct address of the other party. A copy by e-mail or WhatsApp is useful as additional proof.
- 5
Record of service
Preserve the postal receipts, tracking report and acknowledgement card, or the returned envelope if it is refused or unclaimed.
Process: replying to a notice
- 1
Note the dates
Note the date of receipt and the time given.
- 2
Collect your documents
Collect your own documents and version of events.
- 3
Para-wise reply
Draft a para-wise reply admitting what is correct, denying what is false, and stating your own case and any counter-claim.
- 4
Dispatch
Send it in the same way, and preserve proof of dispatch.
Documents required
Checklist · 5 items- Names and complete addresses of all parties
- The agreement, invoice, cheque and bank return memo, or other document on which the claim rests
- Previous correspondence, messages and e-mails
- Account statement or calculation of the amount claimed
- For a reply: the notice received, with its envelope
Time usually taken
1 to 3 days to draft and dispatch
Ordinarily one to three days to draft and dispatch, once the documents are available.
Points to remember
- 01In a cheque-bounce case, the notice must demand the cheque amount itself. Adding other sums is permissible only if the cheque amount is separately and clearly stated; an unclear demand can defeat the complaint.
- 02A notice refused or returned “unclaimed” at the correct address is ordinarily treated as served (C.C. Alavi Haji v. Palapetty Muhammed (2007) 6 SCC 555).
- 03Do not ignore a notice received. A considered reply protects your position, and statements in it may later be relied on in court.
Frequently asked questions
Within how many days must a cheque bounce notice be sent?
Within 30 days of receiving information of dishonour from the bank. The drawer then has 15 days to pay, and the complaint must be filed within one month after that period expires (Section 142, NI Act).
Is a legal notice returned “unclaimed” treated as served?
Ordinarily yes, where it was sent to the correct address (C.C. Alavi Haji v. Palapetty Muhammed (2007) 6 SCC 555).
Is a notice required before suing the Government?
Yes. Section 80 of the Code of Civil Procedure requires two months' notice before filing a suit against the Government or a public officer, unless the court grants leave in an urgent case.
Should a legal notice that has been received be ignored?
No. A considered reply protects your position, and statements in it may later be relied on in court.
About the author
Advocate Vivekanand
Founder & Principal Advocate, Vivekanand Law Firm · MA (English), MBA, LL.B., Author. Full profile
Disclaimer. This publication is for general legal information and education only. It is not legal advice on any particular matter and does not create an advocate-client relationship. Procedures, fees and time limits change from time to time and may differ from office to office; verify the current position before acting.
यह प्रकाशन केवल सामान्य कानूनी जानकारी और शिक्षण के लिए है; यह किसी विशेष मामले में कानूनी सलाह नहीं है, और इससे अधिवक्ता-मुवक्किल संबंध नहीं बनता।
— Adv. Vivekanand, Motihari
Related practice
Cheque Bounce and Money Recovery