What can be done if legal notice not delivered?


A legal notice is filed as per Section 80 of Code of Civil Procedure, 1908 and is only filed in civil cases.

Legal consequences of legal notice depend upon the fact that it is delivered. If the legal notice remains undelivered because the party refuses to accept it, then it goes against him treated as valid. It is not lawful to reject a legal notice.

If the notice remains undelivered:

If after multiple tries the notice remains undelivered, then the sender can begin with court proceedings and file a suit against the noticee. It is in the interest of a noticee to accept the notice and answer the notice to put forward his point in case it is justified so that it could be used purposefully in future court proceedings.

A legal notice is not even necessary for all circumstances. However, in money recovery cases, where one is filing a case against the government, it is necessary. There are certain other statutes/acts that ask for a compulsory legal notice but in common law, it can be skipped as well. Sending baseless, illegal or unwarranted notices may fire back and be considered as an offence as well.

Situations and actions required for an undelivered legal notice:

Refusal of acceptance: If the notice remains undelivered due to refusal of acceptance of the notice, then the notice is treated as valid. If the notice is rejected by the noticee, even then it is treated valid as it is not lawful to reject a legal notice.

No knowledge of the notice: If the notice remains undelivered due to noticee not being at home or due to change of addresses, then the sender must resend the notice to the correct address. Notices can also be delivered on WhatsApp these days. Bluetick on a notice send via WhatsApp is considered valid.

Yes, a legal notice can be through e-mail. However, it is advisable to send a copy of the Legal Notice to the addressee via a registered post or courier as well.

Reference: Section 138 of Negotiation Instrument Act

Section 80 of The Code of Civil Procedure, 1908



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