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gaurav (trainee)     21 October 2011

Can i issue direct summons

i m planning to put a case against someone. A lawyer had told me first  send a legal notice and then issue summons. my question is instead of sending legal notice first can i directly send summons -bcos if i send lawyer notice first my oppoent wil have more time to think and face the trial. if i issue summons directly he has to appear in court. so can i do that. please guide me.



 10 Replies

rahul (director)     21 October 2011

 

 

Legal notice has no legal value. You file the case directly in court.

 

Legal notice’s only purpose is that matter resolve without money and time. it saves harresment for both the parties.

 

  

Adv. Subhadeep Saha (Lawyer.)     21 October 2011

summons can be sent only after filing your case in the court. issuing summons is the job of the court. 

1 Like

Advocate Rajiv Mishra (advocate)     21 October 2011

Legal notice is send through counsel & is mandatory in some type of casae whereas summons are issued only by court after filling the case.
1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     21 October 2011

Dear Gourav

first tell me the nature of you suit/compaint

Dharmesh Manjeshwar (Advocate/Lawyer)     21 October 2011

A Legal notice has a legal evidential value .... and it's an instrument whereby the other party is appraised of the facts and circumstances and advised to settle issues amicably or face litigation .....

When purpose of sending the notice fails .... then one has to initiate legal proceedings by filing the dispute in appropriate court ...... which then issues summons to the other party ...... a court has power to issue a warrant directly as per Sec - 87 Cr. P. C .....

Sec - 87 Cr. P. C.

Issue of warrant in lieu of, or in addition to, summons.

A Court may, in any case in which it is empowered by this Code to issue a summons for the appearance of any person, issue, after recording its reasons in writing, a warrant for his arrest-

(a) if, either before the issue of such summons, or after the issue of the same but before the time fixed for his appearance, the Court sees reason to believe that he has absconded or will not obey the summons ; or

(b) if at such time he fails to appear and the summons is proved to have been duly served in time to admit of his appearing in accordance therewith and no reasonable excuse is offered for such failure.

1 Like

kranthi (retainer advocate)     21 October 2011

Issueing summons is the process of court

J.M.P.Lobo (Practising Advocate)     21 October 2011

Only  the  Court  can  issue  summons  after  you  file  the  case. You have  to file  the  case and  take  steps  for  the  service  of  the  summons  and  itwil  be  issued  only after  the  Court  orders  the  issue  of  the  summons.   

Manav Kalia (Arguing my own cases..)     21 October 2011

If I don't have a lawyer and am arguing my own cases, can I issue a legal notice to someone on my own?

Shantanu Wavhal (Worker)     23 December 2011

can I issue a legal notice to someone on my own? 

Yes,

the notice should be signed by you.

send by RPAD - preserve receipt & acknowledgement.

OC = photocopy of the original letter (Notice).

OC should bear original signature of the sender.


THERE IS NO DIFFERENCE BETWEEN ADVOCATE'S NOTICE AND THE NOTICE SENT BY YOU (on a plain paper)


Shantanu Wavhal (Worker)     23 December 2011

further, 

once i sent a notice. i was told by a senior advocate that - the notice should be in only one language.

i had composed the notice in English as well as Marathi, as i knew that the respondent was not versed to legal language.

i stated the fact in lay-man's language in Marathi and its legal meaning in English in next paragraph.


THUS,

IT IS ALSO ACCEPTABLE TO SEND THE NOTICE IN ANY LANGUAGE (EVEN MIXTURE). 

most imp. is the Gist of the notice.



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