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CLICKBAIT India   01 March 2024

Advocate's liability while sending legal notice (eviction notice)

Clients had approached a vakil for sending an eviction legal notice to tenant and the same has been sent. The legal notice was personally handed over to the caretaker of the building and the caretaker subsequently questioned those persons regarding their identity and also asked the legality of sending such a fake notice. It is pertinent to mentioned that the legal notice which was handed to the caretaker contains only the last page of the legal notice, where the first page was suppressed by themselves and last page contained only the direction to vacate the building and legal notice does not bear the sender name and address except the letter pad of the vakil. Consequently, after lapse of two weeks, an FIR was lodged against  such illegal eviction notice and the vakil name was mentioned in the FIR. Interrogation against the person who handed the eviction disclose that he did not know the the vakil who had sent the eviction to the caretaker and he was in complete denial. Now, a vakil is chargesheeted for offence of cheating and forgery. What is your say as a legal experts. I seek your opinion


 3 Replies

T. Kalaiselvan, Advocate (Advocate)     01 March 2024

If the advocate is involved in this fraud then he is not above law to claim any exemption.

The law will take its own course of legal action.


1 Like

CLICKBAIT India   01 March 2024

In good faith he had discharged his duty in professional capacity. however the client who had approached the vakil in their 161/164 Cr.PC statement forsake and denied that they had neither known the accused nor they had any knowledge about the incident. However a vakalatnama was executed whereby the copy was retained with the vakil.

T. Kalaiselvan, Advocate (Advocate)     02 March 2024

It depends on the investigation by the police to see that how have they implicated the advocate in this complaint. 

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