NOTICE
Arvind Singh Chauhan
(Querist) 30 November 2009
This query is : Resolved
Sir whether the language of of the notice must be as warning.If I have sent a letter to govt. authority simply asking my grievances and didn't use any warning for future litigation. This letter will be treated as notice or not? Or If I have answered the notice of this authority but didn't warned for any litigation. Such answer would be treated as notice or not? PLZ Suggest if there is any law or rulings.
Raj Kumar Makkad
(Expert) 30 November 2009
Definitely such intimation or reply shall be treated as a valid notice against the govt. authority and it shall meet the requirement of section 80 of CPC even though it do not contain the threat of filing further suit/litigation etc.
2008 (4) RCR (Civil) 607 (SC)
Arvind Singh Chauhan
(Querist) 30 November 2009
Please sir write the full citation. RCR (Civil) is not available here.
joyce
(Expert) 30 November 2009
Arvid always the notice must and should be in the commanding form rather then requesting form. then only it is a notice or else its simply a letter/or intimation. I am also willing to know the cititations frm other experts.
Arvind Singh Chauhan
(Querist) 30 November 2009
Dear Joyace I have no time to issue notice. I can't seek the exemption under Sec 80(2) C.P.c. because I have to file suit against municipality. but the notice under Sec 326 Municipality Act is mandatory and there is no such provision like CPC for exemption. Therefore I want to know whether letter issued by me earlier to different authorities would be treated as notice or not. I think Raj Sir has got me, I am waiting full citation from him and from other members also.
