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Issuance of legal notice

(Querist) 15 September 2009 This query is : Resolved 
Can a Law Department of a Company issue legal Notices and/or issue Reply Notices on behalf of its employer Company or should the said Notices be issued by a Practising Advocate only?riven
Raj Kumar Makkad (Expert) 15 September 2009
Nowhere in law is prescribed that legal notice can be issued only by the practicing lawyer. It can even be filed by the individual himself. Matter is contents in right prospective. If legal department of any company is competent enough, it can do so.riven
Adinath@Avinash Patil (Expert) 15 September 2009
Mr. Arvind,
yes law department of company can issue notices and reply notices.I think law department of company officers are well educated and they are welknown all legal procedures some of or all are law graduates. In law any indvidual/company can issue notices and reply notices.They can also represent legal matters in courts of law if company give them power of attorny.It is not neccesary notice/reply notices give through practing Lawyers.In my opinion law departmen of company is well known of cimpanies matters they will issue notices /reply notices better.riven
PJANARDHANA REDDY (Expert) 15 September 2009
DEAR ARVIND,
IT IS ONLY THE MATTER OF EXPERTISE,THATS ALL??riven
charudureja (Expert) 15 September 2009
I agree with the learned friends notice is a legal requirement so that the other party is nt taken by surprise. bt the requirment need nt to fulfilled by getting it drafted or sent by the advocate.riven
n.k.sarin (Expert) 16 September 2009
I agree with Mr.Makkadriven
Sarvesh Kumar Sharma Advocate (Expert) 16 September 2009
Mr. Arvind,
yes .riven
Kiran Kumar (Expert) 16 September 2009
agreed with Mr. Makkad and Mr. Patilriven
arvind (Querist) 16 September 2009
The question is issuance of 'Legal' Notice and not mere Notice. For example certain statutes like Section 138 of NI Act stipulates only Notice and not Legal Notice. But there are other Sections in other Acts which stipulate issuance of Legal Notice. In such cases is the Law Department competent in Law to issue Legal Notices when the Law Officers of the said Department have suspended their License to Practise?riven
a.manoharan (Expert) 16 September 2009
i think , you mean statutory notice ? it can be sent by any member of company.
riven
Adinath@Avinash Patil (Expert) 17 September 2009
It can be issued by authorised officer of company.riven


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