LEGAL NOTICES

(DRAFTING/REPLY)

Submitted By

Poornank Choubey
B.A. LLB(H)
2014-19
A3211114186
 INTRODUCTION
In todays world, we enter into numerous litigations with individuals/firms wherein filing
of civil suit becomes imperative which we do generally file. Some individuals/firms enter
litigation straightaway while others opt for serving a notice upon opponent of giving out
intention filing of a civil suit in court of competent authority. There are certain legislations
which make it mandatory to file a legal notice before filing any litigation otherwise that
litigation will be bad in law. For e.g. The Negotiable Instruments Act, 1938. It therefore
becomes important for us to understand as to what is meant by Legal Notice which is
discussed herein.

What is a Legal Notice?

A Legal Notice is a notice indicating your opponent that you are preparing to litigate a
lawsuit against him in case the so-called demand is not fulfilled.

Importance of Filing a Legal Notice

Before you decide to start a court case, there are several things that you should think about.
Like majority of cases settle before trial. If you think your case can be settled, you may
want to consider alternatives before you begin your lawsuit. Some of these alternatives are:
1. Negotiation (e.g., an exchange of letters between the parties);
2. Mediation; and
3. Arbitration
Taking a case to court can be an expensive and slow way of solving your problem. Many
a time alternatives as mentioned above may serve out to resolve matter without even going
to court. Nobody wants to waste their time & money in litigating over matter which can be
resolved by negotiations very well. These days, even companies while entering into
contracts with individuals/firms makes it obligatory on their part to specify clause stating
that disputes are to be settled through arbitration instead of going to court.
However, when negotiations do not work, an individual/firm need not require to directly
file a suit in court of law. Individual may serve a Legal Notice demanding resolution and
giving clear intention of filing a lawsuit whereby there are chances of resolution of dispute
through settlement avoiding law suit trials that run for years together.

Legal Notice under section 80 of The Code of Civil Procedure, 1908

Legal Notice is filed generally in civil cases. In criminal cases, no legal notice is filed as
action is taken by the State who is the supreme power. However, if you are seeking civil
action against government you must first serve government a legal notice. It is only
thereafter that you can file civil suit against government.

Section 80 of Civil Procedure Code,1908 deals with filing of Legal Notice in Civil Cases
against Govt. which is reproduced hereunder: -
1. No suits shall be instituted against the Government (including the Government of
the State of Jammu & Kashmir) or against a public officer in respect of any act
purporting to be done by such officer in his official capacity, until the expiration
of two months next after notice in writing has been delivered
2. Exception to filing of Legal Notice A suit to obtain an urgent or immediate relief
against the Government may be instituted, with leave of the Court, without serving
any notice but the Court shall not grant relief in the suit, except after giving to the
Government or public officer, as the case may be, a reasonable opportunity of
showing cause in respect of the relief prayed for in the suit.
 Reply to Legal Notice for Breach of Contract

NOTICE
By Regd. Post/Speed Post (A/D)

01 APRIL 2017
Mr. Anil Kumar
Law College Road,
Pune.

Sub: Legal Notice u/s 73 of the Indian Contract Act 1872.

Dear Sir,

We are concerned for our client Greenways Limited which has instructed us to notify you
as under:

1. Our Client is engaged, inter alia, in the business of manufacturing process control,
Automation, and Instrumentation products.

2. That on 26 March 2017, you submitted your resignation letter to the HR

Department of our client stating health problems as ground for your resignation

3. Thereafter, the HR Department duly rejected your resignation letter dated 26 March
2017, as there existed a bond agreement with the company on July 1, 2016 whereby
you had agreed to serve our client for a period of not less than 18 months.

4. Thereafter you, vide your e-mail/letter dated 18 January 2017 informed our client
about your discontinuance in service with immediate effect which as a result has
hampered our clients project and caused them financial loss.

5. According to your appointment letter you shall be liable to give 90 working days
notice in writing to our client which you also failed to do. This is a clear violation
of terms of the appointment letter you had signed and consented to at the time of
your appointment.

6. The Bond agreement also contains a clause whereby if our client is constrained
from exercising his right due to any default on your part, our client shall be entitled
to recover amount so demanded as a liquidated debt from you.

7. Our Client vide email dated 29 March 2017 informed you that your resignation
dated 26 March 2017 was not acceptable to them. Despite several reminders over
breach of contract on your part, you have failed to abide by consent terms of your
appointment letter.

8. In the same email, our client has also communicated your liability to pay a sum of
Rs. 1,19,340/- (One Lakh Nineteen Thousand Three Hundred and Forty Rupees
 Only/-) within 7 days of the date of email for the balance of mandatory notice you
have failed to serve.

9. However, since you have failed and neglected to pay the amount due within 7 days
of our clients correspondence, our client has been forced to initiate legal recourse.

10. You are, hereby called upon to pay sum of Rs. 1,19,340/- only, in addition to Rs.
50000/- as compensation for breach of contract and inconvenience caused to our
client within a period of three weeks from the date of receipt hereof, failing which
our Client without prejudice to the rights and remedies otherwise available to it,
shall be constrained to initiate appropriate proceedings.

For Legalite Advocates and Solicitors

Mr. Poornank Choubey
(Advocate)
 Reply to Legal Notice for Breach of Contract

By Regd. Post/Speed Post (A/D)

05 April 2017

To,
Legalite Advocates and Solicitors,
New Delhi,
India

Subject: - Reply to the Legal Notice issued on 01 April 2017.

Sir,

Kindly refer to Notice dated 01 April 2017 issued by you on behalf of your client
Greenways Limited. I have instructions from my client, Sh. Anil Kumar, to reply to your
above notice in the following terms: -

1. That your client has not given you a correct picture of facts and circumstances of
the case. The facts are: -
a. That an employee, in case of an emergency on specific grounds can resign
from the service and the agreement can be cancelled on the satisfaction of
the employer as per the specified reasons to do so with relevant proofs.
b. Further the employee, is free to leave the position and end his/her
employment on payment of one months salary to the employer as penalty
upon the completion of terms and conditions of previous clause.

2. Now, kindly advise your client to refrain from such like activities and refer to appropriate
terms and conditions and fulfill the same. In case he continues with the same, my client has
imparted me further instructions to initiate appropriate legal actions against your client
which shall be at the cost and risk of your client. Kindly note that cc is retained.

Yours sincerely,

Mr. Amit Khanna

Advocate