Legal Question in Legal Malpractice in India

What is meant by legal notice? What is its importance? When we send legal notice to a man involving in any crime, in how many days, he should give answer of that notice? If he doesn't answer. what action could be taken?

If he answers, is his answer regarded as a legal statement given by him in court?

(this query has been asked previousely before almost two weeks, answer not received at present)

Asked on 10/17/13, 7:52 am

1 Answer from Attorneys

Rajiv Gupta +91 9811284735 KarVai Legal Solutions

legal notice is a notice sent usually by a lawyer, in which party is made aware of legal process affecting their rights, obligations or duties. yes of course notice should be sent

The consequences for non-replying is not an offence under law, but if replied in a fitting manner, there are chances of putting an end to the future filing of vexatious cases. The reply should be given within the time stipulated in the legal notice sent by the other party. But in case it could not be replied due to the circumstances beyond control and if there is any inordinate delay in replying, the compelling reasons may be briefly stated to avoid any misconception in the minds of the other party.

If a reply is not sent for a legal notice, the other side may use it as an advantage to them while drafting the petition and put blame for not complying with the requirements of notice which has become the root cause for filing the case.

The reply to the legal notice is generally welcomed by the Courts however for not replying to a legal notice will not automatically pave way for an ex parte decree, since the importance of a legal notice would end as soon as the Court proceeding starts

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Answered on 10/17/13, 12:33 pm

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