Advocate Notice

dear friend, every notice sent by a lawyer is generally based upon the law applicable to a given set of facts and circumstances.

so the ingredients of a notice shall depend upon the facts of the matter and the law applicable in the given situation.

you may refer to some model legal notices from a good drafting book otherwise the general ingredients shall be it must be specific, must mention the complete detail, must be in time, must be signed etc. are there.

their is no straight jacket formmula to write notice

its simple gather the instruction and reduce the facts into paper and object must be saught in the end

Dear Joy Dey,

Agreed with Kiran ji.

Yes, Mr. Kiran Kumar has rightly suggested. There cannot be any straight-jacket formula for legal notice. The purpose of notice is to afford an opportunity to the opposite party to redress the grievance of aggrieved party. In some cases, the relevant statute makes it mandatory for the aggrieved party to serve notice before initiation of litigation and may also prescribe for notice period but in other cases, it may not be mandatory. Every case has its own facts which are to be stated in the legal notice. In case of legal notice is served under statutory compulsion, the requirement of that legal provision are also to be fulfilled.   

Thanks for the replies. Perhaps I should elaborate on my query:

(1) Is it necessary that the notice be signed by the client as well, or just the advocate's signature is sufficient?

(2) Also, what if the notice is not dated?

(3) Further, in a N.I.Act 138 Notice, the advocate has given 15 day's time form the date of issue of notice or date of receipt, and he has addressed the notice wrongly. Considering that there is no date on the Notice, when will the 15 day period start/end?

I understand that there is no 'straitjacket' formula, as Raghav pointed out, for Advocate's Notice, but considering that it has been repeatedly established by courts that a defective notice can be detrimental to a suit (especially in N.I.Act), I am sure some basic principles of a legal notice must have been drawn up somewhere. I was just wondering if some one has come across such principles.

@ Kiran - among the basic ingredients of a notice, you have pointed out that it 'must be signed'. Please refer to my question no. 1 above and comment.

All others, thanks for your opinion.

Joy

well my answer is reagarding general nature you have not mentioned the 138 before

secondly signature of of client are of utmost imortant if you send notice US 106 of TP act

and regarding defective notice of 138 are

you asked for more than cheque amount in notice doesnot serve the requirement of 138

there are others too its an example

1.  Not mandatory.  Advocate's signature is enough.

2. Not fatal - delivery can be established by other means postal receipt and acknowledgement.  The countdown starts from the date of such acknowledgement.

3.  Notice if addressed to wrong person he can just give a reply to that effect, so that he reserves the right to claim for damages if anything happens in contrary.