Non-issuance of reply notice
Querist :
Anonymous
(Querist) 08 January 2012
This query is : Resolved
Respected Experts,
Does non-issuance of reply notice amounts to admission of facts stated in the lawyer's notice.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 08 January 2012
No not at all.
Unless you are sure and know your legal position well than only legal notices should be replied.
Not replying is no harm since if you reply and in the reply whatever is committed or not contradicted will be your admission and binding on you.
Querist :
Anonymous
(Querist) 08 January 2012
Dear JSDN,
Thanku for ur reply.
can u provide me a citation of SC in that regard
Sushil Sharma
(Expert) 08 January 2012
क़ानूनी नोटीस का उत्तर न देना किसी भी प्रकार से नोटीस को मान लेना नहीं होता क्योंकि क़ानूनी नोटीस में आप्शन होता है की या तो उत्तर दाई आपकी बात मान ले या फिर क़ानूनी प्रोसेस के लिए तैयार रहे. इस प्रकार नोटीस का उत्तर न देना नोटीस देने वाले की बात मान लेता है एसा नहीं समझना चाहिए
ajay sethi
(Expert) 08 January 2012
the fact of the case is that you have not replied to legal notice . invariably if notice is issued from advocate the defendant would be on his guard and immediatedly rebut the allegations .
in such a case after filing of suit the plaintiff seeks interim relief the fact that no reply has been given to legal notice implies that defence is an after thought . the facts have gone in uncontroverted .
Rajeev Kumar
(Expert) 08 January 2012
I agree with experts views
Devajyoti Barman
(Expert) 08 January 2012
No reply of notice can never be regarded as admitting the claim of the notice nor giving reply to such noitce is mandatory.
However in certain circumstances non reply may amount to admission but that depends on particular circumstance only.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 08 January 2012
No reply can never be admission on the hand reply is admission if due to oversight all the allegations are not contradicted.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 08 January 2012
And no need of citations, power of negative is unlimited.Law is logic , it can destroy but can not build.
Do not reply the notice , contradict every thing the burden will be on the other side to prove. It is that simple.
Nadeem Qureshi
(Expert) 08 January 2012
Dear Querist
I agree with my Ld. Friendsview
V R SHROFF
(Expert) 08 January 2012
no , it does not mean admission, however, adverse infer taken by ct.
Raj Kumar Makkad
(Expert) 08 January 2012
It is not always admission but in some circumstances, it is admission so it depends upon the matter in which such notice has been sent. In some matters, immediate reaction from the addressee is mandatory otherwise an adverse inference may be taken against him.
