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AMIT (-)     28 May 2013

Importance of legal notice

Dear Sir,

Our state government's one department is not implementing its own ministry's notification which is in favour of public. It is difficult to give details as it would take a lot space here. In my case, they have not discharged their duty in proper time for w hich I want to sue the officer (the post, in fact)

However, my question is, If I want to sue the department's officer (as a post), is it necessary to first have a legal notice served to him asking him to discharge their legal duty or is it possible to sue directly ( bypassing the legal notice) for not following the government notification.

Does the legal notice have any importance as such.

My civil law knowledge is very scarce. Please guide. Thx in advance



Learning

 7 Replies

Adv Archana Deshmukh (Practicing Advocate)     28 May 2013

If you want to file a civil suit against the govt then giving a legal notice u/s. 80 of CPC is mandatory

1 Like

RAJESH KHANNA mob 09780573241 (AS PRATICE LAWYER AT LUDHIANA)     28 May 2013

If you want to file a civil suit against the govt then giving a legal notice u/s. 80 of CPC is mandatory. notice should be issue to seniors/magement of that department and c/c to officer of that department.it will better for you. then nobody deny that they have not received notice through proper channel.
1 Like

AMIT (-)     28 May 2013

Respected sirs,

Thanks a lot for your valuable reples. My question stands resolved by you.

Adv Archana Deshmukh (Practicing Advocate)     28 May 2013

Notice can be issued by a layman also; the wordings of the notice and the contents should be legally proper thats all.

Adv k . mahesh (advocate)     28 May 2013

who ever you are first you have to follow the procedure without that there is no validity of your legal notice means you have to give a fair chance to do his job and if he had done then no need of legal action or warn him in the same letter about th work is not done i am constrained to take legal step and then issue a legal notice 

even this will prove an evidence if you file civil suit against that employee 

Deekshitulu.V.S.R (B.Sc, B.L)     28 May 2013

IN THE LEGAL NOTICE YOU HAVE TO GIVE THE NAMES OF THE PROPOSED PARTIES , THE CAUSE OF ACTION AND ALSO THE RELIEFS YOU ARE GOING TO ASK.  GIVING LEGAL NOTICE IS PRE-REQUISITE SINCE THE ACTION IS SOUGHT TO BE AGAINST THE GOVENRMENT OFFICIALS, SINCE SECTION 80 CONTEMPLATES THE SAME

AMIT (-)     29 May 2013

Thx all.

 

Thx Adv Archana again for replying second time properly


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