What are minimum requirements for drafting a basic Legal Notice.
Generally, a “Legal Notice” can be defined as a notice informing your counterparty that you are preparing to bring law in motion against him/her in case the claim is not fulfilled.
Here are some quick steps and minimum requirements for drafting a legal notice:
- Legal Notice should be drafted on Letter Head of the Advocate.
- The Address and Contact Details of Advocate should be mentioned on the LetterHead.
- The Legal Notice, should specifically mention the Name, Designation, Full Address of the Person to whom the Notice is being sent.
- The Legal Notice should start with mentioning the details of the client on whose behalf and under whose instructions it is being sent. Such details include name of client/sender, address.
- The Notice should clearly mention that as to how the right of the client has been infringed and which action or omissions led to the claim of the client.
- What are you demanding, should also be very specifically mentioned and try to cover all the claims at once.
- A time limit must be mentioned within which the claim needs to be satisfied.
- The legal notice must be duly signed with date by the Advocate.
- The notice should normally be sent through “Registered Post- Acknowledgment Due”
Cheque Bounce Notice:
For legal notice of Cheque Bounce under Section 138 of Negotiable Instruments Act, following needs to be specially mentioned:
- Reference of “Legal Notice u/s 138 of NI Act”
- Full Name and Address of the Drawer of the cheque.
- Full Name and address of the payee.
- When was the Cheque Drawn
- Cheque Number
- Amount of Cheque
- When was the Cheque present to Bank for encashment
- When was Cheque Returned by the Bank
- Reason for Cheque Bounce
- Make a request to make the payment immediately
Notice Invoking Arbitration Clause:
As per Section 21 of the Arbitration Act, a notice for invoking Arbitration Clause is required to set in motion the Arbitration proceedings. Following are the minimum requirements for an Arbitration Notice:
A Notice for invoking Arbitration clause must disclose/state the:
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- Facts which led to the Dispute
- Quote the Arbitration Clause
- What is the nature of the Claim raised?
- Specifically mention the damages or compensation or claim sought against the counterparty.
- What legal recourse would be adopted if the claim is not satisfied by the other party.
- Invite CounterParty to participate in the Arbitration Process by appointment of arbitrator.
For Divorce: The grounds available under Law such as cruelty, adultery, desertion, etc should be specifically taken and the facts which prove such grounds should be mentioned.
For Restitution Of Conjugal Rights: Alongwith other things, the date from which the wife is living separately and intention to reconcile should be clearly mentioned.
Special Note: The above-mentioned contents are inclusive not exhaustive for a Legal Notice.
Rajat Rajan Singh
Editor-in-Chief at Law Trend
Advocate at Allahabad High Court Lucknow