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Documentation Notice
A notice is, therefore, a formal communication to a person or an entity, informing the other party of your intention to undertake proceedings against them.
This notice, when sent, conveys your intention prior to the proceedings and thus, makes the party aware of your grievance. Many a times, a notice served will bring the other party on heels, and the problem can get resolved out of court too, with fruitful discussions on both sides.
This notice, when sent, conveys your intention prior to the proceedings and thus, makes the party aware of your grievance. Many a times, a notice served will bring the other party on heels, and the problem can get resolved out of court too, with fruitful discussions on both sides.
When a person decides to take action, one of the first steps involved, is sending an official communication to warn the offender of his intentions when a specified condition was not complied upon as agreed when the contract was signed between both the parties.
For instance, a notice can be issued to a tenant for not paying the rent as per the agreed terms and conditions before moving into the property of the owner’s house. Therefore, this gives the landlord the right to send a notice to the renter with immediate effect of paying the dues before the specified date or vacating immediately. All action can only be taken once notice has been served upon the entity or individual you wish to take to court.
It is only this process that ises bringing a matter to court. The intimation sent is known as a notice.
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The purpose of
Notice Process
A notice is, therefore, a formal communication to a person or an entity, informing the other party of your intention to undertake proceedings against them. This notice, when sent, conveys your intention prior to the proceedings and thus, makes the party aware of your grievance.
A complete brief of the problems that the aggrieved party is facing, combined with what can be done to resolve the issue need to be clearly mentioned.
The last past of the notice should contain a detailed account of how relief can be obtained/problem solved, if mutually agreed upon the grievance.
A notice is filed as per Section 80 of Code of Civil Procedure, 1908 and is only filed in civil cases. A notice is an intimation and thus carries the following information:
1. Precise statement and facts relating to the grievance for which the action is to be taken.
2. Alternatives/relief sought by the grieving party.
3. How are the relief/problem in hand be solved, a summary of facts and the way it can be solved.
Advantages of
Notice
It gives a prior acknowledgement to the party against whom the notice has been drafted that a suit is to be initiated against him/her.
It saves the time and cost of the litigation if the parties comply with the demand of the notice. It is a requirement which should have been complied for the purpose of initiation of the suit.
Documents required for
Notice Process
Essentials of Section 80 of Code of Civil Procedure, 1908
- Name, description, and place of residence of the sender of the notice.
- Statement of cause of action.
- The relief claimed by the sender of the notice.
- Summary of the basis for the relief claimed.