Legal Notice
A legal notice serves as a formal communication from a sender to a recipient regarding the former’s intention to initiate legal proceedings against the latter. This notice, which can be filed under Section 80 of the Code of Civil Procedure, 1908 (CrPC), is commonly utilized in civil matters such as property disputes, consumer complaints, cheque bouncing cases, divorce, eviction, and more.
One of the main purposes of a legal notice is to facilitate communication and potentially allow for a compromise between the plaintiff and the defendant before a case is filed in court. Therefore, it typically includes intimate facts such as the names and addresses of the parties involved, leading legal arguments that prompted the petitioner to take action, plausible methods to resolve the issue, and the specific relief sought by the aggrieved party.
Legal Contract
Legal contracts are agreements that are legally binding between two or more parties and establish what each party is allowed or not allowed to do. In India, a contract is defined under section 2(h) of the Indian Contract Act, 1872. Once signed, a contract lays out the rights and obligations of each party, and they are legally obligated to follow the rules and regulations specified within it. Legal contracts play a crucial role in protecting the parties involved in case of disputes, making them essential documents for any business or personal transaction.
Notary, Stamp & Attestation
A notary is a public office established by law to assist in non-contentious matters, typically related to the state’s deeds, powers of attorney, and international business. The primary function of a notary is to administer affirmations and take affidavits and statutory declarations, as well as witness and authenticate the execution of specific documents. To protect against fraud, a notary stamp is used to record crucial details and confirm the authenticity of a document. This stamp serves as a validation that the identities of the individuals signing the document have been verified. Notary attestation is a process in which the notary provides a stamp and signature on the document to establish its credibility. The documents are then attested by authorized personnel available at the notary public offices.
Affidavit
An affidavit is a legal document that contains a written or printed statement made under oath by a person. This statement declares that all the information provided in the document is entirely accurate. The definition of an affidavit is stated in section 139 of the CPC. Typically, affidavits are created on stamp papers and are included in various government forms, such as driver’s license applications, vehicle registrations, and voter registrations. There are different types of affidavits, including court affidavits, self-proving will affidavits, and financial affidavits.
An affidavit contains three essential elements.
First, it includes a written oath where the affiant swears that the specific facts they are declaring are true. Second, it is a document signed by the party making the written statement. Finally, it includes certification by a notary public, which affirms the authenticity of the affiant’s signature.
Legal Publish in Newspaper
Legal publishing refers to the creation and distribution of texts that report laws or discuss legal practices. By law, legal notices must be published, either as required by a judge or court, or on a weekly or specified number of weeks basis. Various types of legal advertisements, such as summons, citations, notices of sheriff’s sales, and other legal notifications, can be published in newspapers. Legal publishing may also include information related to changes in ownership, changes of name, and other similar matters.
Rent / Lease Agreement
A rental agreement is a legally binding document that is signed by both the landlord (owner) and tenant to establish a tenancy. It contains the personal details of both parties, as well as the terms and conditions of the tenancy. The purpose of the rental agreement is to serve as a guidebook that protects the interests of both parties and prevents future legal disputes.
There are several key elements that a rental agreement must include.
These include the address and details of the rental property, the length of the tenant’s occupancy, the fixed rent amount, and the security deposit. Additionally, the rental agreement should specify the name and address of all occupants, as well as the rules of tenancy and provisions for maintenance and repairs.
Business Agreement
Business agreements refer to contracts between two or more business organizations, which are necessary for various purposes such as hiring, partnership creation, trading, and acquisition. These agreements represent a mutual exchange of promises between the parties involved, and they help to manage expectations and minimize liability. For many companies and organizations, business agreements are the core of their operations, as they establish the terms and conditions under which business is conducted.
Real Estate Agreement
A real estate agreement is a legally binding contract between a buyer and a seller that outlines the terms and conditions of a property sale or purchase. The purpose of this agreement is to clearly articulate the terms of the transaction, including any contingencies, financing arrangements, and other relevant details related to the purchase or sale of the property. In essence, the real estate contract serves as a means of formalizing the agreement between the buyer and the seller and protecting their respective interests throughout the process.
Cheque Bounce Matters
The Negotiable Instruments Act of 1881, specifically Section 138, provides guidelines for cases related to returned cheques. When a bank is unable to honor a payment, the cheque is said to have bounced or been dishonored. Causes for this can include incorrect signatures, errors in cheque numbers (both in words and figures), or overwriting. While these issues can often be resolved without legal action, if a cheque bounces due to insufficient funds in the drawer’s account, it becomes a more significant matter.
If a cheque you have received bounces, you have two options available to you. First, you can send a demand notice to the person who issued the cheque and wait for a response for up to 15 days before pursuing legal action by filing a complaint in court. However, it’s important to note that bounced cheque cases are time-bound, and if the receiver does not take any action against the defaulter within the allotted period, they may lose their ability to pursue legal recourse.
Legal Action for Cheque Bounce Case
Cheque bounce is considered a criminal offence in India under Section 138 of the Negotiable Instruments Act. The defaulter may be subject to imprisonment for up to two years and/or a fine that is twice the amount of the bounced cheque, depending on the circumstances if a complaint is filed in court. Additionally, in certain cases, the court may impose a fine if the offence is deemed severe. To file a complaint against the defaulter, an application form and supporting documents such as the original cheque, memo of returning cheque explaining the bank’s reason for non-payment, copies of original receipts, and a sworn affidavit are required.