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Research on Legal Notice

A legal notice is a formal written communication between the parties. Through a legal notice,
the sender notifies the recipient about his intention of undertaking legal proceedings against
the latter

Content of legal Notice

1) A well-drafted Legal Notice is made on the letter-head of the Advocate having his
address and contact details and must also contain the following information

2) The title must be short, and informative, which can give a glimpse of the matter which is
discussed in the notice, moreover, the perfect address should be mentioned so that the
notice reaches the correct destination and to the correct person.

3) This part mentions the cause of the concerned notice. The acts which have intentionally
or unintentionally created a problem for the sender should be precisely stated. If there are
any previous communications related to the matter that must also be referred. No vital
information related to the matter should be left out.

4) The demand of the sender of the notice needs to be carefully drafted and mentioned in
the notice. The sender can either ask for specific performance or monetary compensation
for the grievance and mental harassment that he had to suffer due to the conduct of the
other person.

5) The result of not complying with the conditions of the Legal Notice is to be mentioned in
the notice itself. The consequences will act as intimidation for the addressee to take
necessary action in the stipulated time.

Some statute with legal notice

1) Section 80 of CPC- 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.

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Essentials of Section 80 of Code of Civil Procedure, 1908

1. Name, description, and place of residence of the sender of the notice.

2. Statement of cause of action.
3. The relief claimed by the sender of the notice.
4. Summary of the legal basis for the relief claimed.

2) 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.

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.

 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.
 Notice to be signed by both lawyer and payee.
 Notice to be sent through registered post

Sending of legal notice via Email

Section 4 of Information Technology act

“Legal recognition of electronic records.-Where any law provides that information or any
other matter shall be in writing or in the typewritten or printed form, then, notwithstanding
anything contained in such law, such requirement shall be deemed to have been satisfied if
such information or matter is-
(a) rendered or made available in an electronic form; and
(b) accessible so as to be usable for a subsequent reference.”

Section 10A of Information Technology act

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“Validity of contracts formed through electronic means. -Where in a contract formation, the

communication of proposals, the acceptance of proposals, the revocation of proposals and

acceptances, as the case may be, are expressed in electronic form or by means of an

electronic record, such contract shall not be deemed to be unenforceable solely on the ground

that such electronic form or means was used for that purpose.”

“The Act with section 4 and 10A recognises sending of documents in electronic forms

for other purposes inclusive of legal notices. Legal recognition of electronic records

provided under the Act states that any information or matter that shall be in printed or

typewritten manner, will be deemed to satisfy if it is available in an electronic form.”

Cases

1) SBI Cards (P) Ltd. Vs. Rohit Jadhav1

The Bombay High Court observed that

 if a person received a Legal Notice on WhatsApp and he has opened it; it will be
deemed that the Legal Notice is served upon him.
 If the sender is aware of the recipient’s alternative address, it must also be
mentioned on the notice to ensure that the notice reaches him.
 There is no set format of a Legal Notice. It depends on the drafting skills and
command on the laws and language of the advocate.
 Where the notice is sent pursuant to a breach of a contract, it should be sent to the
address mentioned under the ‘Notices’ clause of the contract.
 The mode of dispatch (electronic or physical) must also be compliant with the
provisions of the contract between the parties.

1
SBI Cards (P) Ltd. Vs. Rohit Jadhav

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 The advocate’s fee to draft a Legal Notice can be as low as Rs. 1000 and can even
run into several lakhs depending upon the complexity involved in the matter.

Also Supreme court on `10 july in suo moto order (bench of Sa, bobde AS Bopanna
and R Subhash Reddy )

“noted that “two blue ticks” on WhatsApp would convey that the reader has seen the
notice. It was noted that it is easy for users to change their WhatsApp settings so that
the sender doesn’t see the blue ticks. In that case, the court said that the summons
could be delivered through fax or email and it would constitute valid delivery,
received and seen by the intended recipient. ”

https://www.barandbench.com/news/litigation/supreme-court-allows-service-of-
summons-through-email-fax-and-instant-messaging-apps-specifies-when-limitation-
periods-will-extend-till

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