Notice in NI 138 by Advocate.
Querist :
Anonymous
(Querist) 27 July 2011
This query is : Resolved
The act provides for a written notice prior to filing of a case.Mostly advocates send notice on behalf of the complainant. What is the proof the advocate had the authority to send notice.
ajay sethi
(Expert) 27 July 2011
generally when a legal notice is sent an advocate will always send the same on his letter head . in addition the legal notice always mentions that i am concerned for my client . under instructions from my client i address you as under .
the fact that advocate has mentioned all the detailed particulars of the case and has stated that notice has been sent under instructions i sufficient proof
R.Ramachandran
(Expert) 27 July 2011
When the occasion comes, the Advocate who sent the notice on behalf of his client, will definitely be able to prove that he had been authorised by his client. For that somebody has to ask for the proof in the first instance.
Out of Court
(Expert) 27 July 2011
i agree with Mr. Ramchandran ... further majority of practicioner for the official use keep the record in written by client mentioning their interest to send the legal notice or to seek any legal help ...
DEFENSE ADVOCATE.-firmaction@g
(Expert) 27 July 2011
Your agreement is no reply to my querry, what action court will take or what direction the case will go.
Out of Court
(Expert) 27 July 2011
JSKN ........ if ur query is connected with particular case kindley provide the facts of the case in a clear way ... i hope its not a practise session for every querry ..
ajay sethi
(Expert) 27 July 2011
in your reply to legal notice have you taken the plea that lawyer was not authorised to send any such legal notice ?
similarly in your cross examination of witness have u contended that lawyer was not authorsied to send legal notice ?
in the event you have taken the plea then complainant will have to prove by evidence that he had authorised his lawyer to send legal notice
Guest
(Expert) 27 July 2011
so take a vakalatnama from the complainant for sending the legal notice and send a copy of the same with the notice so nothing will be in the hand of the accused.
R.Ramachandran
(Expert) 27 July 2011
Dear Mr. Sachdev,
There is no need to send the Vakalatnama along with the legal notice.
The moment the Noticee will ask for the proof, saying that he has received the notice from you.. and please indicate proof that you were engaged by the client that is enough.
It will prove that he has received the Notice. He is supposed to reply to the notice or honor the demand in the notice. If that statutory obligation is not met, then the complainant is free to lodge the complaint. While filing the complaint before the Court on behalf of the client, the Advocate will naturally file the Vakalatnama. That is enough. So let us not get carried away by any flimsy objections.
Ravikant Soni
(Expert) 27 July 2011
sending a notice on behalf of a client is a contract between lawyer and advocate. It may be oral or written (vakalatnama).
So there is no need of vakalatnama. Instruction to send notice may be oral. The notice is itself proof of sending in the course of his employment.
Moreover a complainant during his examination says ...Exhibit X is notice which was sent on my behalf by my lawyer.... sufficient to prove such sending.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 27 July 2011
A written notice has to be given by the holder of bounced cheque, notice is given by an advocate not replied by the accused.So no question of admission of notice.
Now in the evidence the accused advocate will ask =
1) what was the legal authority of the sender of notice , oral contract is no evidence.
2) If the advocate who sent the notice and conducting the case is same , he can not come in witness box to prove the notice.
3) complainant may give evidence that on his instructions the notice was sent but it is the same notice can only be proved by the advocate.
So tell me what to do.
Guest
(Expert) 28 July 2011
i am sorry i written there to send the vakalatnama. it can be kept by the advocate for the proof that the complainant directed to send the notice to the respondent.
