Notice
Introduction
A notice is given by one person to another because either:
1. The law requires such notice to be given, e.g., notice to the tenant to quit.
or
2. Such notice is agreed upon by contract between the parties to be given by one party to the other
or
3. It is given as a matter of precaution with a view to have a claim amicably settled, if possible.
Notice under law of contract
When a notice is given under any law of contract, it should strictly correspond with the requirement of the law or terms of the contract. It is always preferable to use the very words of the statute or contract in drafting a notice. A notice is generally drafted in the first person as a communication addressed to the person to whom it is intended to be given. Sometime the ordinary form of a letter is used. A notice may be drafted even in the third person.
A notice may be given by:
A notice may be given either by the party, his agent or pleader. An agent or pleader must be specifically authorized to serve such a notice. When an agent gives a notice he gives it "As agent for and on behalf of..." and on behalf of..." or "under instructions from my client..."
Service of notice
As to service of notice; the best mode is personal service. The next best is service by post in which case it should be sent in a registered cover, acknowledgment du, addresses to the usual place of residence or business of the addressee. No stamp is required on any notice. If a notice is properly addressed and duly posted, the presumption will be that it has reached its destination in due course of time ordinarily taken in reaching the addressee.
Notice by Pleader to Debtor
To,
A.B. (debtor)
Dear sir,
Instructed by my client, C.D of, etc., I hereby beg to demand of you payment of the sum of Rs...... due by you to my client as per account below, and request that you will be good enough to remit the said amount by the...… day of … as otherwise, on your failure to do so, this is to give you notice that I shall be compelled to file a Civil suit against you to recover the amount due, with costs and further interest up to the full realization of the debt.
Yours's faithfully,
Pleader of C.D.
Date:...…