Validity of Notice under N.I. Act
Jainodin shaikh
(Querist) 07 February 2009
This query is : Resolved
Demand notice required uner The Negotiable Instrument Act having signature only of advocate and not of the any authorised person of the complainant bank.
Whethe it can be treated as a LEAGAL notice.
If the complainant failed to prove his case; in that circumstances from whom Damages will be claim (advocate or the bank)?
deepak kumar
(Expert) 07 February 2009
legal notice does not require signature of party.
damages ought to be claimed from the bank
ARVIND JAIN
(Expert) 07 February 2009
LAWYERS WORK ON BEHALF OF THEIR CLIENTS.
smilingadvocate
(Expert) 07 February 2009
Jainodin sabh it is a basic that the lawyer acts on behalf of the party as such anynotice on behalfoftheparty is deemed tobe thenotice issued bythe party itself as such no signature isnecessary to be obtained on thelegalnotice if you issue any notice on your clients behalf do take his signature on your office copy, for your sake tomorrow he maynot change his version and say that I didnot ask you to plead the same.
smilingadvocate
(Expert) 07 February 2009
Jainodin sabh it is a basic that the lawyer acts on behalf of the party as such anynotice on behalfoftheparty is deemed tobe thenotice issued bythe party itself as such no signature isnecessary to be obtained on thelegalnotice if you issue any notice on your clients behalf do take his signature on your office copy, for your sake tomorrow he maynot change his version and say that I didnot ask you to plead the same.
kumar sachin
(Expert) 07 February 2009
smilingadvocate sir is right
this is what i do with my clients
Jainodin shaikh
(Querist) 07 February 2009
Totally agree with SmilingAdvocate!
But what to do when the unfortunate situation occurs and the advocate had not obtained any signature of his client on the office copy?
Bindu
(Expert) 20 February 2009
Thanx Sir,
Mr. Smiling advocate now onwards i shall ask my all colleague to do the same. This is useful information
adv. rajeev ( rajoo )
(Expert) 13 April 2009
It is not mandatory to take the signature of the party on the notice issued on behalf of him. ONly on the information and authority given by the party notice will be issued by the advocate, no one issue the notice unnecessary to any person without the information and authority.
If complainant failed to prove the case advocate will not be held liable.
