Notice Final Draft - New1
Notice Final Draft - New1
Notice Final Draft - New1
Submitted by
Tanu Kumari
Roll no. 1388
8th Semester
B.A LL.B(Hons. Course)
Submitted to
Dr. B. Ravi Narayan Sarma.
Asst. Professor of Law
I hereby declare that the work reported in the LL.B (Hons.) Project Report entitled
“DRAFTING OF NOTICE”submitted at CHANAKYA NATIONAL LAW UNIVERSITY,
PATNA is an authentic record of my work carried out under the supervision of Prof. Ajay
Kumar. I have not submitted this work elsewhere for any other
degree or diploma. I am fully responsible for the contents of my Project Report.
Writing a project is one of the most significant academic challenges I have ever faced. But penning
down an acknowledgement is far tougher. Because this is the junction where one acknowledges the
effort of those who helped during rigorous pain taking hours when project was shaping itself. Though
this project has been presented by me but there are myriad of people who remained in veil but gave
their unwavering support.
First of all I am very grateful to my subject teacher Dr. B.R.N Sharma, who gave me a project work
on DRAFTING OF NOTICE. Without the kind support of his, completion of my project was a
herculean task. He donated his valuable time and guided me till the completion of this project.
I am very thankful to the librarian who provided me books on this topic which proved beneficial in
completing this project.
I acknowledge my friends who gave their valuable and meticulous advice which proved very useful
and could not be ignored in writing the project. I want to convey a most sincere thanks to my Parents
and brother Pushpak for motivating and helping me throughout the project.
Tanu Kumari
Roll No. 1388
8th Semester
AIMS & OBJECTIVE: ................................................................................................................................. 5
HYPOTHESIS ............................................................................................................................................ 5
CHAPTER-3: LEGAL NOTICE UNDER CPC & NEGOTIABLE INSTRUMENTS ACT ...................... 9
BIBLIOGRAPHY ................................................................................................................................. 24
AIMS & OBJECTIVE:
1. To know about format of drafting legal notice.
2. To know about the essentials of legal notice.
3. To know about various format of drafting legal notice.
HYPOTHESIS:
The researcher has formulated the hypothesis that legal notice acts as a warning to the receiver
that the one sending the notice have certain grievances which are not properly taken care of by
the receiver, although the receiver has given enough opportunity to the receiver to resolve the
problem.
RESEARCH METHODOLOGY
The research is based on doctrinal method of research work which depends on existing materials on
books, journals etc. and the research is confined to CNLU Library.
SOURCES OF DATA
The researcher has used following sources of data:
PRIMARY SOURCES: The code of civil Procedure, 1908, The Negotiable Instrument Act
SECONDARY SOURCES: Books, journals, Weblogs, News Channel, Magzine, Online
Articles, News paper, etc.
The research is based on doctrinal method of research work which depends on existing materials on
books, journals etc.
CHAPTER-1: INTRODUCTION
There are several occasions when a person or an entity needs to take a legal action against
another person or an entity. The several occasions can be consumer complaint, property dispute,
check bounce, divorce, eviction and many more. However, it is important to inform the other
person that you are going to initiate a legal action against them. That is the reason, you send a
legal notice to a person or an entity.
A Legal notice is a formal written document sent by a person or an entity with respect to some
grievance. It is sent as a warning to the receiver that the one sending the notice have certain
grievances which are not properly taken care of by the receiver, although the receiver has given
enough opportunity to the receiver to resolve the problem.
It is like a final warning to the receiver that the sender is all prepared to initiate a legal action and
it is the final opportunity for the receiver to resolve the issue in hand properly.
Certain situations may arise where you get confused about how to initiate legal action in order to
resolve your matter. The filing of a legal notice gives a new beginning to your journey of litigation.
Therefore it has various aspects in which it is important:
1. By sending legal notice it can give a clear intention on the part of the sender to file a
lawsuit for the purpose of resolving the issue to which the other party might respond
immediately to save oneself from court proceedings.
2. A person can easily describe his grievance in a legal notice with the help of an Advocate.
3. Serving of legal notice gives an opportunity to the receiver of the legal notice, that is, the
opposite party to resolve the issue cordially.
4. It acts as a reminder for the receiver of the legal notice about the acts that have
intentionally or unintentionally have created a problem for the sender.
There are numerous reasons for which you can send a legal notice to a person or an entity.
However, the most common ones are:
1. Disputes related to property such as mortgage, delayed possession delivery by the
builder, eviction of the tenant, the partition of family property, etc.
2. Notice to the employer for wrongful termination, unpaid salary, violation of any right of
the employee by the employer, etc.
3. Notice to the employee for violation of the HR policies, sexual harassment act at the
workplace, leaving the job without handing over the resignation letter, violation of any
provision of the employment agreement, etc.
4. Notice to a company manufacturing or providing service of faulty products, faulty
services, false advertisement, etc.
5. Notice in the case of cheque bounce to the issuer of the cheque.
6. Notice in case of personal conflicts such as divorce, maintenance, child custody, etc.
7. It saves the time and cost of the litigation if the parties comply with the demand of the
notice.
8. It gives a prior acknowledgement to the party against whom the notice has been drafted
that a suit is to be initiated against him/her.
9. It is a legal requirement which should have been complied for the purpose of initiation of
the suit.
There are several ways of writing a legal notice efficiently, and six of them are provided
below, to wit:
1. One must be familiar with the wording or sentence structures that are often used in
the legal industry. You may also see notice templates.
2. One must be able to use the right word or set of words in expressing his intent into
the content of the letter.
3. One must have some readily-available formats from which he can take some hints
when it comes to writing legal notices. You may also see employment notice
templates.
4. One may check on some other resources like free notice templates and two weeks
notice letter to have an idea about legal writing.
5. One must be able to differentiate one legal notice from other notices in the legal
world.
6. One may consult a lawyer and seek for his advice regarding his draft of such notice.
Writing a legal form may not be the same as writing other notices circulating around other
disciplines like business and real estate.1 However, a lot of options are made available
around for those legal writers who do not know how to start with their composition.
1
www.template.net/business/notice-templates/legal-notice-templates.
CHAPTER-3: LEGAL NOTICE UNDER CPC & NEGOTIABLE INSTRUMENTS ACT
A Legal Notice is generally filed in civil cases. In the criminal cases, there is no filing of the
legal notice as in case of a criminal offense the action is instituted by the State against the person
committing the offense as State is the supreme power. However, if you intend to initiate a civil
suit against the Government you have to serve a legal notice to the Government beforehand and
only thereafter you can file a civil suit against the Government.
Section 80 of The Code of Civil Procedure, 1908 provides for sending of a legal notice to the
Government or public officer if one wants to initiate a legal action against them for any act
claimed to be done by such public officer during the course of his official duty until the
expiration of two months. The purpose of the notice is to give Secretary of State or the public
officer a chance to reevaluate his legal position and to offer some kind of compensation without
going to a court of law. In Bihari Chowdhary v. State of Bihar2, Supreme Court has stated
that “The object of the section is the advancement of justice and the securing of public good by
avoidance of unnecessary litigation”.
Essentials of Section 80 of Code of Civil Procedure, 1908
As per Section 80 of the Code of Civil Procedure, 1908 it is mandatory to serve a legal notice
before the filing of a suit if the opposite party is Government or Public officer. But, in
practicality, it is seen that Advocates serve legal notice before the filing of all the Civil cases.
However, it is not mandatory to serve a legal notice in all civil cases except in case of the filing
of a suit against Government or Public officer but formally it is been sent by the party intending
to sue. The reason behind this is to bring it to the knowledge of the opposite party that the sender
of notice is making the last effort to settle the matter in hand. Also, it gives a credibility to the
story of the sender as it expressly states all the liabilities of the receiver.
2
Bihari Chowdhary v. State of Bihar AIR 1984 SC 1043.
Legal Notice under Section 138 of The Negotiable Instrument Act, 1881 :
In the case of a cheque bounce, it is mandatory to send a legal notice to the issuer of cheque
within a time frame of 30 days from the date of cheque bounce. If no repayment of money is
received after 15 days of the delivery of the legal notice, then you can initiate a legal action
within 30 days from the date of completion of 15 days time period.3 Criminal liability is also
established under this section wherein the drawer of the dishonored cheque may get a sentence of
2 years jail term or fine or both.
1. In the notice, you have to provide details of the transaction for which the cheque was
issued, details of the cheque, details of dishonor, etc. through a lawyer.
2. Notice to be signed by both lawyer and payee.
3. Notice to be sent through registered post.
3
Section 138 of The Negotiable Instrument Act, 1881.
CHAPTER-4: LEGAL NOTICE FORMAT
A legal notice is essentially a notice sent by an advocate on the behalf of his/her client. It is not
mandatory for a person to send a legal notice through an advocate, he/she can send a legal notice
on his/her own accord without the assistance of an advocate. It is not even mandatory to send a
legal notice as there is no specific provision/enactments of law that make it mandatory to issue a
legal notice before filing a suit. A legal notice is generally issued by an advocate on behalf of
his/her client for the purpose of soliciting a settlement.4It is issued either to accept the settlement
or to reject it altogether in order to avail a civil suit or legal remedies.
STEP-1: Below is a sample letterhead of the advocate who is issuing the legal notice. The
letterhead is to be specific and proper, it has to have addresses and contact details of the
advocate. This aspect is very important as a letterhead needs to be specific and clear so that the
opposite party may respond to the advocate in case they wish to contact the advocate. The date
on which the legal notice is issued and the name, address and contact details of the person to
whom the legal notice is issued is to be stated and accordingly, the notice is to be commenced.
A legal notice could be sent through a Registered A.D. or through a courier. There is no specific
procedure to issue a legal notice. The notice can also be personally tendered to the opposite
party, as long as the opposite party is willing to receive it and sign an acknowledgment of its
receipt. There is no compulsion to send a legal notice only through a Registered A.D. or through
a courier. The reason it is preferred to send it through Registered A.D. is that the receiver
acknowledges the receipt of the notice on the Registered A.D. card which is then returned back
to the sender, therefore, it becomes a document of proof as it regards the opposite party having
received or receives the legal notice.
Now, getting into the notice the first paragraph should be “Under the instruction of my clients
_______ residents of _______. I have to address you as under-”. This is the system that is
generally followed, but you can also follow a different system.
4
www.aapkaconsultant.com/blog/format-for-legal-notice/
For example- I am concerned for my client _______ who is a resident of _______ and
accordingly, I have the privilege of addressing you upon his/her instruction
STEP 2: Every paragraph in the notice is to be prefixed with the phrase “My Clients state”. This
is a very good practice as the opposite party has to know that the statements that are being stated
in the notice are coming directly from the client and that they are not created or fabricated by the
advocate. When this phrase is prefixed before every paragraph, the opposite party understands
that the client is instructing the advocate specifically to state such statements in the notice and
the opposite party understands that whatever the advocate is saying is based upon the client’s
instruction so that the reputation of the advocate is not tarnished in front of the opposite party
and helps in inviting the settlement.
The notice that is being provided here is a notice that is been issued by the landlord to the tenant
for the purpose of recovery of rent, that is, the tenant has defaulted in making the payment of
rent, therefore, the landlord is issuing a statutory notice to the tenant calling upon the tenant to
make payment of the rent of a specific period defaulting which the landlord should be
constrained to pursue civil remedies before the civil courts.
You can see the contents of the notice below and know that how to draft a legal notice and what
language is to be used while drafting, but one thing that you all need to keep in mind while
drafting is that you have to always prefix “My Clients state” before every statement of yours.
STEP: 3 An important part of a notice is that you have to state that what you want from the
opposite party. What you want to convey to the opposite party is always stated in the last
paragraph. In the last paragraph, you instruct/intimate the opposite party that the opposite party
has to do so and so within the specified period of time failing which the sender will be
constrained to avail the civil remedies.
In this notice, the time limit is an important aspect. You have to fix a specific time limit within
which the opposite party has to act, because if the opposite party did not act within the specified
time limit then it gives you an excuse to pursue legal action, it gives you a cause of action.
Therefore, a specified number of days has to be mentioned. Preferably it should be 30 days
because it gives the opposite party ample time to act and respond to the notice or should he abide
by or fulfill the contents of the notice.
You can also frame the last paragraph differently, that is, if in the event you are issuing the
notice for the purpose of inviting a settlement than you can always state in the last paragraph
that you are hereby called upon to settle the matter amicably or that you are hereby called upon
to meet me in the office or something of that sort for the purpose of settlement which is not
always that you have to give the opposite party an ultimatum. You can also ask/invite the
opposite party for a settlement. It will not hamper your recourse to the legal remedies in case the
notice fails.
STEP 4: Subsequently, you have to sign as an advocate. This part of the notice is also very
important, especially nowadays this part of the notice is an invoke and in this, you have to
clearly state that you are issuing the notice under the instructions of your client and you have to
obtain the signature of your client. This would act as an estoppel as against your client from
saying that the notice was not directed to issue by him because quite often this happens that if the
advocate has faulted somewhere than the client alleges against the advocate and file complaints
even before the consumer forum for deficiency in service. Therefore, if the signature of the client
is taken then it stops the client from saying that he did not read the contents of the notice. If the
client can’t read English, then it would be good if the contents of the notice are being read and
explained to the client in whichever language he is comfortable with.
CHAPTER5: THE PROCEDURE OF FILING OF A LEGAL NOTICE
The use of usual words while writing them in a very casual manner also holds legal importance
and meaning of which we are unaware. Therefore, while writing down a legal notice we should
be extremely careful about each and every word that we use and be watchful about not admitting
any such fact which you may deny later on in the court of law. Once a legal notice is sent you
cannot make any amendments to it and later on, also you cannot contradict the statements and
information that you have already mentioned in the legal notice.
STEP 1
Seek for an advocate who possesses good drafting skills. A Legal Notice can be sent in any of
the Indian languages but usually English is a preferred choice. The Notice should address the
opposite party against whom you want to file a complaint or suit.
STEP 2
While Consulting to your advocate, explain the information in detail with names of the parties
involved, the address of the parties, dates of transaction done or need to be done, problems or
issues faced any previous attempts of communication, etc.
STEP 3
Advocate then carefully examines the matter through the information provided, makes relevant
and required points in the conversation with you and looks for any additional information if
required.
STEP 4
The advocate then starts the drafting of the legal notice in the legal language clearly stating the
reason for the sending of notice, all previous communications with the addressee regarding the
grievances of the sender and provides a reasonable time frame of 15 days or 30 days to the
addressee to settle the matter in hand by negotiating and performing the required action.
Usually lawyers on behalf of the sender of the notice depending on their grievance stress on the
action to be performed in the mentioned time period to either fulfill the demand or seek for a
reply.
STEP 5
The notice is then signed by both the advocate and the client and is sent to Registered AD post
and it is ensured that the acknowledgment is retained. Usually, advocate keeps a copy of the
notice with him/her.
STEP 6
It is expected that the other party will reply to the notice after they receive the notice, but as a
usual practice, the advocate calls the other party after some time.
LEGAL NOTICE FORMAT
ADVOCATE NAME
OFFICE ADDRESS
DESIGNATION
_____________
CONTACT NO.
__________________________________________________________________
Ref. No.________
Dated: ________
REGISTERED A.D.
To,
1- _______________
2- _______________
SUBJECT: LEGAL NOTICE UNDER SECTION ____OF _____ ACT, _____.
Dear Sirs,
Under instruction and on behalf of our client _______ son of _______, resident of _______, I do
hereby serve upon you with the following notice under section ___ of the _______ Act
3- That on ______________.
A copy of this legal notice is retained in my office for further necessary action.
ADVOCATE NAME
NOTICE UNDER NEGOTIABLE INSTRUMENTS ACT, 1881 REGARDING
DISHONOR OF CHEQUE
To,
________________
Sub:- Notice under Section 138 of the Negotiable Instruments Act for Cheque Dishonoured
due to insufficient funds.
Dear Sir,
Under instructions and authority from our client M/s. ________ having their office at
_________, we serve upon you the following notice of demand under Section 138 of the
Negotiable Instruments Act.
1. That your business concern M/s _______ had purchased from my client goods (Name
and brief description of goods) vide their invoice bearing no. ___ dated ________ for
Rs._______
2. On delivery of goods above mentioned, you issued a cheque bearing no. ____ dated
_________ for Rs._______drawn on ____ Bank.
3. That when the aforesaid cheque was presented by our client M/s. ____ to your
Bankers i.e. ________ the same was returned unpaid by the Bank with the
remarks/reasons “Insufficient Funds”. This fact was brought to your notice by our
client vide letter dated_______.
4. That in reply to our client’s letter, you sent a letter dated ____ requesting him to
deposit the cheque again with a banker and assured him that they will be cleared this
time.
5. My client again presented your above-mentioned cheque with its bankers, this time
again cheque was returned unpaid by the bank due to insufficient funds.
6. That thereafter in spite of many telephonic reminders and personal visits by the
representative of our client to your office, you failed to make the payment due to our
client.
7. That on account of the above facts, you are liable to be prosecuted under section 138
of the Negotiable Instrument Act, 1881 as amended up to date under which you are
liable to be punished with imprisonment which may extend to one year or with fine
which may extend to twice the amount of cheque or with both.
8. Under the circumstances, we call upon you to make the payment of Rs. _____ being
the principal amount of the aforesaid cheque along with interest @ ____ % per annum
till the time of actual payment within a period of 15 (fifteen) days from the date of
receipt of this notice, failing which we will be bound to take further necessary action
under the provisions of Negotiable Instrument Act, 1881 against you in the competent
court of law at your risk and cost.
This is without prejudice to all other legal rights and remedies available to our client for the
above-stated purpose.
Date:____________
Yours faithfully,
____________
NOTICE BY PURCHASER FOR SPECIFIC PERFORMANCE OF AN AGREEMENT
Registered A.D
……………………………..
……………………………..
……………………………..
Date ………………………
TO,
…………………………..
………………………….
………………………….
Dear Sir,
2. I hereby give you notice that I the undersigned …………………. was and am still
ready and willing to complete the purchase, subject to your performing your part of
the said agreement and I require you to complete the same and if you fail to complete
the same within ……………… days from the date hereof, I shall file a suit against
you for specific performance of the said agreement for sale with damages and costs.
Yours faithfully,
……………….
NOTICE BY VENDOR TO COMPLETE THE PURCHASE OF IMMOVABLE
PROPERTY
………………………………..
Advocate
………………………………..
Date ………………………….
TO,
………………………..
……………………….
Dear Sir,
1. My client had entered into an agreement for sale dated …………… with you for sale of
house No. …………, situated at …………………………………. for a consideration of
Rs. ……….. and in terms of clause………….. of the said Agreement, the said transaction
is to be completed within ………. months from the date of the said agreement.
2. My client was and is still willing and ready to execute a sale deed in your favor or in
favor of any person as you may direct in accordance with the terms of the said agreement,
but the same was not done for reasons of your own.
3. I hereby call upon you to have the deed of conveyance executed by my client against
payment of the balance of the consideration money on or before the ………… day of
………………….. in terms of the said agreement, failing which the said agreement will
stand canceled and the earnest money paid by you will stand forfeited. However, this is
without prejudice to the rights of my client to recover all costs, damages, losses, and
expenses incurred by him by reason of your default in performing the said agreement.
Yours faithfully,
……………….
NOTICE UNDER SECTION 80, CODE OF CIVIL PROCEDURE, 1908 AGAINST
PUBLIC OFFICER
……………………………..
Advocate
……………………………..
……………………………..
Date ……………………….
TO,
Shri ……………………
Medical Superintendent,
………………….. Hospital,
…………………..
Dear Sir,
2. Shri ……………. was admitted to the said ………………. Hospital on …………….. for
surgical operation for removal of stones in the kidneys under your care and supervision
and ……………. was fixed the date of operation of the said Shri ………………
3. When the said Shri ……………. was being operated, you were personally present in the
operation theatre and doing the operation with the assistance of junior doctors.
4. After removing the stones, you, while undertaking to stitch, had negligently, carelessly
and willfully left a big piece of cotton inside the body, due to which my client started to
complain severe pain in the kidneys for which you had prescribed some antibiotics on
various visits.
5. When my client could not get treatment for his pain, he went to ………………….. and
consulted Dr. ……………… of ………….. Nursing Home ……………… who opined
that there is some foreign element around the kidney, for which my client was operated
on ……………… in ………………. Nursing Home and a piece of cotton were removed
from inside the body and after the removal of the cotton, my client had got relief from
pain.
6. My client Shri ………………….. had to undergo physical and mental suffering for the
negligence, carelessness, and mistake committed by you and he had to spend a lot of
money for treatment of pain, which was caused due to leaving the piece of cotton inside
the body by you, while undertaking operation for removal of stones in the kidney.
7. The said ……………. therefore demands from you Rs. ………….. as damages for
physical and mental suffering, Rs. ………………….. as expenses incurred by him in the
operation and treatment, Rs. ………………. as expenses incurred by him in transport,
hotel, etc. totaling Rs. ……….. and I hereby give you notice that if the said amount is not
paid, the said ………………….. will, on the expiry of two months from the date of
service of this notice, file a suit against you for the recovery of Rs. …………… as
damages and expenses incurred by him, at your entire risk as to cost and consequences.
Yours faithfully,
…………………..
Advocate
CHAPTER-6 CONCLUSION & SUGGESTION
A legal notice is a formal legal document that is being prepared by an advocate for his client.
Though it is not mandatory to send legal notice before the filing of suit in all cases still it is
considered as a very important document in the course of any legal proceedings as in most of the
cases actual disputes or issues get resolved even without going to the court of law with a mere
serving of the notice. The efficiency of a legal notice also depends on the drafting skills of an
advocate, how he drafts the issues involved in a presentable manner for the receiver.
BIBLIOGRAPHY
BOOKS
1. P.C. Mogha : The Indian Conveyancer (1987); 10th Ed. Rev. by Justice K.N. Goyal,
etc. Eastern Law House, Calcutta.
2. Hargopal : The Indian Draftsman; Guide to Legal Drafting (1995); 10th Ed. Rev. by
Nitin Khanna & A.C. Moitra, the University Book Agency, Allahabad. Vol. I & II.
3. N.S. Bindra : Conveyancing Drafting & Interpretation of Deeds (1985); 7th Silver
Jublee Ed. Rev. by S.K. Verma, etc.; Volumes 1 to 5, Law Publishers, Allahabad.
4. Dr. J.C. Verma : Commerical Drafting & Conveyancing, 1988 Ed.; Bharat Law House,
New Delhi.
5. DeSouza : Forms and Precedents of Conveyancing (1999): 13th Ed. Rev. by C.R.
Datta and M.N. Das.
WEBSITES:
1. http://www.aaptaxlaw.com/Legal-Formats/format-of-sale-deed-of-property-download-
format-of-purchase-agreement-sample-sale-purchase-agreement.html
2. https://www.99acres.com/ask-what-is-a-draft-sale-deed-133064.html
3. https://www.indiastudychannel.com/resources/152834-How-to-write-a-sale-deed.aspx.
4. https://industries.cg.gov.in/SIPB/pdf/ModelCodeofContract/Sale%20Deed.pdf.
5. http://www.affidavitformhub.com/sale-deed-of-plot.