way to send legel notice

Querist : Anonymous (Querist) 27 March 2010 This query is : Resolved
If any one reject to receive legal notice without reading then what are differant way to send notice.
it is possible to send notice by following diffarant way
by e-mail (scan copy of notice)
by Fax
etc.

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Parthasarathi Loganathan (Expert) 27 March 2010
Though there are no specified formats for drafting any legal notice, the basic ingredients of a legal notice are as under:

(a) Must be emanated from a qualified advocate.

(b) The counsel must represent the facts on the basis of the instructions of the client.

(c) It must not serve as a document for coercion or extortion

(d) It must be addressed to a specific addressee with full particulars.

(e) Specific time frame can be designed for the respondent to act.

(f) There should never be any element of false statements or verbal abuse.

(g) It must be duly signed by the counsel.

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B K Raghavendra Rao (Expert) 27 March 2010
If a person rejects to receive legal notice, it is as good as he has received it in the eyes of law. It is deemed as service. Therefore, there is no necessity of sending the notice by any other means. You may proceed as your decision.

The ways to send a legal notice are:

1. Registered Post Acknowledgement Due (for the purpose of keeping the proof of receipt)
2. Registered Post
3. Under Certificate of Posting (for keeping the proof of posting the notice)
4. Ordinary Post. (where you will not have any proof but would be seen by the addressee)
5. By courier with proof of delivery.

But, the address should be the last known address and there should not be any mistake in the address.

Ordinary post, E-mail and fax are the weakest modes of sending a legal notice.

Parthasarathi Loganathan (Expert) 27 March 2010
Pardon me I got diverted from the main issue due to connectivity issues related to my internet. Yes, I concur with Rao Saheb's crisp ideas on Legal notice.

Adv.Aiyer VLV (Expert) 27 March 2010
notice if sent by hand alone can be read.
hence every rejection of notice would be without reading.

have you sent it by registered post. has the postal department mentioned it was refused by addressee. if yes, it is valid notice.

proceed with prosecution as if notice has been filed.

if not, send now by registered post or file case and give notice,as i consider notice prior to prosecution is not mandatory. notice to be given when complaint/suit is instituted

regards

VLV

G. ARAVINTHAN (Expert) 02 April 2010
Even telegrams are contrude as Notice under the eyes of law

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