138 ni act

Chandra Prakash Sinha (Querist) 29 March 2012 This query is : Resolved
Legal notice to the accused has been sent without signning by party or without identied by advocate . what is faith of this notice.

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Shonee Kapoor (Expert) 29 March 2012
Not valid, unless sent by the party himself or an attorney authorized by him.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

V R SHROFF (Expert) 30 March 2012
u mean to say Adv signed it ??

R.Ranganathan (Expert) 30 March 2012
It is only a technicality. You ask the concerned advocate to send a confirming letter stating that the Notice was sent without signing and the parties stand by it. Otherwise you have to send a fresh notice.

Raj Kumar Makkad (Expert) 30 March 2012
If notice was duly signed by lawyer then it is purely valid and no clarification is required to be sent to the addressee.

Deepak Nair (Expert) 30 March 2012
send a fresh notice if the issue is not time barred.

V R SHROFF (Expert) 30 March 2012
Client sign preferred, but not a absolute requirement.

R.K Nanda (Expert) 30 March 2012
If the notice is neither signed by party

nor by advocate then it is invalid.

SAINATH DEVALLA (Expert) 30 March 2012
Dear Prakash,

When was the cheque presented?On what date was the notice given?That notice is not valid.Make sure that time is available and immediately send another notice through courrier,RPAD.

venkatesh Rao (Expert) 30 March 2012
It is the fate and not the faith of notice.

Ajay Bansal (Expert) 30 March 2012
As stated by Mr. Makkad.

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