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raj kumar ji (LAW STUDENT )     19 August 2011

No reply of notice?

RESPECTED SIR ,

                               A NOTICE SEND TO THE INSTITUTION BY A LAWYER FOR GIVEN TIME ONE MONTH .AFTER THE PASSING OF TWO MAONTH THERE WAS NO RPLY BY THE INSTITUTION OR THE HIGHER AUTHORITY OF THAT INSTITUTION NOW THE LAWYERS SAID TO THE CLIENT TO FILE A CASE IN THE COURT. BUT THE CLIENT SAID TO THE LAWYER PLZ SEND A REMINDER OF THE INSTITUTION .BUT THE LAWYER SAYS THAT IS UN NECESSARY .

QUESTION IS THAT - IT IS NECESSARY TO GIVEN THE RPLY OF THE NOTICE BY THE INSTITUTION .

 IF THE RPLY IS GIVEN BY THE INSTITUTE TO THE ADVOCATE ADDRESS,AND ADVOCATE CAN NOT SHOW THE RPLY TO THE CLIENT IT IS POSSIBLE OR NOT

CAN WE WANT INFORMATION FOR THE NOTICE THROUGH RTI ACT-2005



Learning

 10 Replies

pervez (adviser)     19 August 2011

Dependign upon the subject and sensitivity of the matter, the institution can decide upon whether reply is needed or not.... as regards other issue.. client has to trust with advocate.... no point in invoking RTI Act...

raj kumar ji (LAW STUDENT )     19 August 2011

dear pervez ji ,

               why sholud can not get information through rti act-2005.

 

himanshu harbola (Comp. Sec.)     19 August 2011

if it is a govt institution RTI can come into picture.....RTI act cant b invoked against pvt. institutes...

pankaj kumar (Patent Attorney)     20 August 2011

Hi,

RTI is applicable to a public authority and not an individual including a lawyer. If required, you may remind the said institution providing your address before proceeding the suit matter.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     21 August 2011

Very often wise  individuals themselves or those heading an institution will not respond to notices unless there is specific legal provision  as in the case of Income-tax Department, a superior officer to a subordinate officer etc. Instead of committing right away they will  think "let us see if they go to court".

If the other party goes to court and they get notice from the court, they will engage a lawyer to defend themselves. Otherwise why should they waste money on a lawyer. Incidentally that is the policy I follow.

pooja anant (Operations)     22 August 2011

So it not mandatory for a institution to reply back even once or address the query writen to them, based on what is a legal notice defined as?

Why one should start the process by sending a legal notice, what importance does it have.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     22 August 2011

A legal notice is something that gives notice or a warning. It will say what will be consequences if the recepient does not comply with what is stated in the notice. If the recepient feels that the notice was frivolous he will just throw it in the WPB. Or if he gets scared he will write a conciliatory letter or comply with what you wanted. Or he may take a risk and adopt a wait and see attitude. If he writes you a reply, which you find was not satisfactory, you may go to court and you may use the reply itself against him.

If he waits until you file a case in the court, he will seek the advice of a lawyer. Until then why he spent money on a lawyer?

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     22 August 2011

I want to tell you the true life experience to highlight what is the importance of a lawyer notice. Just before I do that, let me ask you a question: "Do you know what is the huge difference between a lawyer notice and a court order?"

 

Well, try to find out the answer for the above question. It will show you what is the stage at which a court issues an order. Then, you will appreciate the difficulty of getting it, the importance of it in the paradigms of justice.

 

Now, coming to where I left, experience suggests that at the time of the order one should insist that the judge goes over one more line: "Compliance of this order be filed with this court within this, this time. Else, it will be treated as contempt of this court and suitable action will be taken". Do you know that if this line is not included in your judgement i.e. court order, thick skinned opponent, the way you seem to be confronting will take you, justice for a ride; resort to more illegalities and almost obscure justice per se!

 

My friend, you seemed to have taken quiet a lot of trouble in getting a lawyer to issue a notice. Good for you. But, your opponent seems to be a thick skinned rascal. Your word 'Institution' suggests 'College'. If I am right, then the dada of that college is chairman or something like that. Take it as a bet, HE (forget about the institution) will not reply.

raj kumar ji (LAW STUDENT )     23 August 2011

its a       railway recruitment board office

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     23 August 2011

You can apply under RTI


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