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IS SENDING A LEGAL NOTICE MANDATORY BEFORE INITIATING CIVIL/CRIMINAL PROCEEDINGS?

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IS SENDING A LEGAL NOTICE MANDATORY BEFORE INITIATING CIVIL/CRIMINAL PROCEEDINGS?
Is Sending A Legal Notice Mandatory Before Initiating Civil/criminal Proceedings?


A legal notice is an attempt to resolve a dispute before initiation of the legal proceeding. It is not mandatory to send a legal notice before initiating civil/criminal proceedings and hence, legal notice is a formal communication made to the other party who has done some wrong to the sender of the notice whereby it is brought to the notice of the wrongdoer to comply the terms of the legal notice within time stated in the notice or face consequences of Law. The legal notice is also served upon the wrongdoer to settle the dispute out of court as the sender intends to initiate legal proceeding, in case of non-compliance.

However, there are Statutes/Acts which mandates service of statutory legal notice upon the other party before initiation of proceedings under specific Acts like proceedings under The Negotiable Instrument Act mandate service of statutory legal notice. Similarly, The Insolvency and Bankruptcy Code, 2016, Recovery of Debts and Bankruptcy Act (RDB Act), 1993, Securitization and Reconstruction of Financial Assets and Enforcement of Security Interests Act (SARFAESI Act), 2002, The Arbitration& conciliation Act etc mandates service of Statutory legal notice before proceeding under such acts. In nutshell legal notice is a formal communication and Statutory legal notice is a notice which the Staute/Act mandates.

Advocates in India charge anything between Rs.5,000/- to Rs.1,00,000/- for sending a Legal Notice/Statutory legal Notice. It is advisable to send a legal notice through your Advocate, as on one hand, it communicates to the other party your intention of initiating legal proceedings and on the other hand, either the other party upon receiving the legal notice may settle the matter which would save time, money and energy or the other party may choose to send a reply to your legal notice, admitting certain facts which will be important in the litigation going forward.

The above information is to impart awareness and no part of this should be construed as providing legal advice for any purpose.

Vikram Kumar

Advocate

9958319099

www.nyayoptions.com


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