legal notice

A legal notice sets out the facts, the sender’s claim and what the recipient must do within a time, failing which proceedings will follow. It is often sent to give the other side a chance to settle before litigation.

In some cases it is mandatory: a suit against the Government or a public officer requires two months’ prior notice under Section 80 CPC; a cheque-bounce complaint requires a demand notice within thirty days of the information of dishonour under Section 138 of the Negotiable Instruments Act; a monthly tenancy is terminated by notice under Section 106 TPA. Failure to give a mandatory notice can defeat the case.

Example

Before filing the Section 138 complaint, the payee sent a legal notice demanding payment within fifteen days.

In Indian law

• Section 80, Code of Civil Procedure, 1908
• Section 138(b), Negotiable Instruments Act, 1881; Section 106, Transfer of Property Act, 1882

See also

dishonour of cheque · suit · legal drafting · eviction

Read more in the study notes

• Classification of administrative action (Administrative Law)
• Control of delegated legislation: parliamentary, procedural and judicial (Administrative Law)
• Audi alteram partem: the right to a fair hearing (Administrative Law)
• Judicial control: public and private law remedies, writ procedure and ouster clauses (Administrative Law)
• Government contracts and state liability: the administrative-law angle (Administrative Law)
• Promissory estoppel, legitimate expectation and proportionality (Administrative Law)