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DSR (Officer)     01 June 2011

Lawyer Notice

A lawyer representing a bank sent a notice from his personal mail account to my e-mail account registered with bank. There were no attachement of notice in e-mail , it was cleary typed  and  no signature bearing from the lawyer. it just says RPAD on the top , some content in the middle and name at then end as below.


  by RPAD.

To: Address , City, State.

Content and matter .....




Can this be considered as legal notice ? There is no signature from Advocate, as I read somewhere,  as per electronic communication ( e-mail, fax etc) a signature should be present to make the notice valid. Could someone explore and provide guidance on this.


 20 Replies

adv. rajeev ( rajoo ) (practicing advocate)     01 June 2011

just ignore it.  You may receive the regd., AD notice from him.  even if case is filed against you, you can defend that I have not gone thru., the mails.

1 Like

prabhakar singh (advocate)     01 June 2011

In my opinion do not ignore, reply why the gen. lawyer has sent you it and what should you infer from it .

Adv. Aarti Ketan Gurav (Advocate)     01 June 2011

My opinion is wait for RPAD. Even if it is genuine, only Email notice should not be there. It will include other forms of service too like courier  / rpad etc.

Ramanathan G (Independent practice)     01 June 2011

It is an atom bomb. E-mail is legally valid. Please reply it.

Ramanathan G (Independent practice)     01 June 2011

My internet have problem and disconnects some times. I explain. There are some softwares, which will tell the sender that you had read the E-mail. An Advocate Notice means, some Courts tell that, read the Cause of action, and if there is no injustice, the technical defects are not counted to plug loop holes. After Information Technology Act, the simple E-mail is a legal document, according to Delhi HighCourt, the E-mail is original and print out is a copy. Thus, read the contents. If the contents are confusing, but you know the "client", send a Regd Post letter to the said Client, with a copy of this E-mail, and narrate your part of the Facts. Never neglect an Advocate Notice, even if not signed, but reply.

james bhatti (Advocate)     01 June 2011

Please do not ignore it. Reply to the lawyer.

james bhatti (Advocate)     01 June 2011

But also wait for the courier or registered letter. if you do not receive the notice in registered foram, you have one defence in the court that you did not check you mail box for quite a long time.


Please ignore my first reply,

DSR (Officer)     02 June 2011

There was no specification of courier etc. coming in regular post and I can not say that I did not recevied the e-mail,as I replied back asking who are you and what was this about.

Can this be considered as legal notice with signature of advocate?

There is no signature from Advocate, as I read somewhere,  as per electronic communication ( e-mail, fax etc) a signature should be present to make notice valid.

Could someone explore and provide guidance on this.

james bhatti (Advocate)     02 June 2011

Now my sincere advice is to take that notice serious. Since you replied and you can not take the plea that you did not check your mail. Now hire some advocate and ask him to reply the notice.

arockiam (advocate)     02 June 2011

this letter through mail can very well be attributted as legal notice as you have registered your e mail id with the banker. under the information technology act 2000 this is valid notice. it could be used as the pice of evidence under evidence act too. 

DSR (Officer)     02 June 2011

Thankfull to all for your suggestions. Will meet a lawyer.  

But one thing is that the notice was received to an e-mail that was not registered , though I was communicating with the same e-mail  before getting notice and it was not registered ,  bank responded for this e-mail and continue to do that even it was not registered.

prabhakar singh (advocate)     02 June 2011

one who has created an email is under duty to check his mails.Tecnically it is ascertainable if an email was read or not.In the instant problem since email refers to words like"RPAD"which suggests "registered post with acknowledgement",one can wait also.

RAJU O.F., (Advocate)     02 June 2011

You keep hard print of the e-mail received from the so called advocate; also keep hard copy of your reply by         e-mail. You send another e-mail to the advocate stating that that such communication without any particulars is invalid and that the RPAD letter did not receive till now.  You send a hard copy of the said e-mail to your bank also by RPAD.

gurinder pal (advocate)     02 June 2011

it is not legal there is no provision in law for sending legal notice through electronics device so ignore it

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