Legal notice is a document which is sent by a lawyer on the instructions of his client to a person (legal or natural) and through this document the opposite party is informed about the intention of the party sending the notice to initiate legal proceedings against them for the grievances and difficulty caused to them.

Is the issuance of Legal Notice obligatory?

Essentially, as per Section ‘80 of the Code of Civil Procedure, 1908’, it is necessary to serve a legal notice before the filing of a suit if the opposing party is a State or Public officer. But, in general, it is seen that Advocates serve legal advice ere the filing of all the Civil cases. Nevertheless, it is not mandatory to provide legal notice in all civil cases except in case of the filing of a suit facing a Government or Public officer. Still, formally it has been sent by the party planning to sue. In India legal notice is considered to be the first step involved in legal proceedings. It is often regarded and said by the top Supreme Court lawyers in India that legal notice creates the basis of almost every legal action in India.

The list of things to be mentioned in a legal notice are:

1. The name of the parties: It is mandatory to mention in a legal notice the name and address of the party to whom the notice is to be sent.

2. Facts and grievances caused: The legal notice consists of the facts and the grievances of the sender of the legal notice in points and paragraphs.

3. Compensation: After the facts, a certain amount of compensation if any is claimed for the inconvenience caused. Sometimes an alternative mode of redressing the dispute is also mentioned in the notice. It is important to note that the laws under which compensation is claimed are to be mentioned in the notice.

4. Signature: lastly, in the end, the signature and stamp of the lawyer who is sending the legal notice on behalf of is the client is to be affixed

It is important to note that a legal notice is only sent in civil cases and not in criminal cases. A legal notice is sent under section 80 of the Code of Civil Procedure.

Mostly a legal notice is sent in following cases

1.Property disputes

2.Notice by employer

3.Notice by employee

4.Cheque bounce

5.Breach of contract

6.Consumer complaints

7.Recovery of moneylender section 80 of the Code of Civil Procedure

The legal notice format for all the above mentioned cases is the same. Notice is mostly sent through a registered post but the same can also be delivered in person. Nowadays a trend of sending legal notice through online modes is also witnessed. However, it has the same effect as that of a notice sent through post or delivered in person. The basic objective of a legal notice is to inform the opposite party about the intention of taking a legal action.

SIGNIFICANCE OF LEGAL NOTICE

In current times when courts are overburdened with cases, the quickest remedy to resolve legal issues is to do amicable settlement through negotiation, mediation, or arbitration. It is essential to issue a legal notice because:-

• By sending a legal notice, the Sender indicates his intention to settle the matter amicably outside the court to the Addressee. 
• Through the legal Notice, the plaintiff conveys all his grievances to the accused in a detailed and written manner.
• Legal Notice gives an opportunity to both parties to settle their issues through the Alternative Dispute Resolution (ADR) mechanism. 
• Last but not least, it saves them time and money for both the parties involved.