The word ‘notice’ denotes merely an intimation to the party concerned of a particular fact. It cannot be limited to a letter. Notice may take several forms. It is an announcement or intimation and , in some cases, caution.
Notice means making something known to a person of which he was nor might be ignorant. A notice can be given either orally or in writing. However a notice should preferably be in writing because a written notice is easy to prove and its contents are certain.
Notice is a statement of facts like pleading. Draftsman has to prepare the claim and the defence of his client on the lines of notice.
A service of notice is sufficient when a clear proof of its dispatch is in the possession of the sender or despatcher, or , when a clear proof of dispatch by registered post under certificate of posting is in the possession of the sender or despatcher, or by publication in the local newspaper(public notice).
A notice may be given either by the person himself or through a lawyer. It may be tendered to the recipient or his agent.
All the notices which are issued regarding the matters in which the members of the general public are likely to be or expected to be affected are called as public notice.
Private notice is addressed directly to the party who has either committed some breach or is likely to be affected.
Important points to be remembered while drafting legal notices are as given below:-
- Advocate should get signed the vakalatnama in his/her favour before drafting the legal notice.
- The draftsman must first obtain complete information of facts/transaction regarding which the notice is to be drafted.
- The draftsman after securing information must now work on the legal issues which needs to be addressed. For example- Whether the contract is void or voidable, is any right violated, is the client entitled to damages, etc.
- Understand the need and requirement of the client and while drafting the notice, to focus on the objective which the client/party desires.
- To arrange the facts in the chronological order and in numbered paras.
- Every notice must state the name and full description of the sender of the notice.
- It must state the name and full description of the person (addressee) to whom the notice is given.
- Notice should also state and given reasonable time to the opposite party to comply with the demands made in the notice.
- The object of notice should be brought out clearly directing the party to comply with, or refrain from doing certain things/acts.
- The notice must be signed by or on behalf of the sender (i.e. the Advocate when the notice is sent through him).
- Notice must state the date, place and mode of service of notice.