Signature of counter party.
Mahesh Shah
(Querist) 11 April 2012
This query is : Resolved
Does the notice served by advocate on behalf of his client requires a counter party signature of his client.? How we believe that such a notice has been sent with the knowledge & consent of his client or counter party? can we ask advocate for having a counter party signature of the his client on the notices so that the counter in future does refuse any contents on entire notices?
Socondly, what is the time limit available to us to reply the notice of any advocate served to us?
Please reply.
Thanking you.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 11 April 2012
No need for asking for counter sign of party. You can use it for your benefit in cross if any case is filed.
So is for reply of notice. There is no time limit to reply.
To reply a notice or not is also not binding.
However it is seen as a rule that no proper care is taken in drafting a reply and many times instead of contradicting admissions are given.
Sankaranarayanan
(Expert) 11 April 2012
for your first query no need of the client's signature being endorsed on the notice
for your second query you must reply with in stipulated time which have mentioned in the notice to be followed
ajay sethi
(Expert) 11 April 2012
no advocate will issue legal notice on behalf of his clients unless he has received instructions
generally in legal notice time is given to reply within 15 days . advisable to reply as soon as possible
Deepak Nair
(Expert) 11 April 2012
Countersign of party is not required in legal notice.
You have to respond to the notice within the time limit as stated by the advocate in the said notice.
Shonee Kapoor
(Expert) 11 April 2012
Rightly said, stick to the basics, reply to legal notice first.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 11 April 2012
Does the notice served by advocate on behalf of his client requires a counter party signature of his client.?
The answer is NO?
How we believe that such a notice has been sent with the knowledge & consent of his client or counter party?
The answer is: Since notice says "Under the instruction of my client"
can we ask advocate for having a counter party signature of the his client on the notices so that the counter in future does refuse any contents on entire notices?
The answer is NO!You need not worry about that.It is the lawyers' worry who has sent the notice.
Socondly, what is the time limit available to us to reply the notice of any advocate served to us?
The time stipulated or time before suit is filed.
However not replying to a notice so sent does not take away your right to file Written Statement.hence if have doubts about the notice or you do not wish to to disclose your defence at notice reply stage ,better do not reply the notice.
RAJU O.F.,
(Expert) 12 April 2012
Party's signature is not necessary in lawyer notice; however, in order to show the determination of the client, if the party's signature also affixed, it gets more gravity. Even though party's signature is not necessary on lawyer notice sent to opposite party, it is better to get a signature of the party on its copy retained with the lawyer.
R Trivedi
(Expert) 15 April 2012
This is true that in general no counter signature is required, please respond on a very interesting case below with respect to S.138..
1. Cheque was first dishonored in the month of June 2009. No notice, no intimation.
2. The same cheque was made to get dishonored again in Dec 2009 and a legal notice was sent. This legal notice was signed only by the lawyer not by the payee.
3. In the plaint it is mentioned that when the cheque got dishonored first in June, the accused expressed his sorry and advise to redeposit in Nov Dec. No proof of such dialogue.
4. Now it is also a well know position of law that under NI ACT, if the notice is served once and time limit is over, then the subsequent cheque dishonor will not create the cause of action.
Accused can always say that the complainant sent a notice in the month of June also and now it is again being sent by him ? For example He can organize a fictitious notice as if it was written by some lawyer just to demonstrate the same to judge.
