While in many cases sending a legal notice is optional but advisable, in some matters it is legally mandatory as per specific statutory provisions. Failure to send a notice in these situations can make the case not maintainable in court.
Cases Where Sending a Legal Notice is Compulsory Before Filing a Case:
1. Section 80 of the Civil Procedure Code (CPC), 1908
- When Required:
Before filing a suit against the Government or a public officer for any act purportedly done in their official capacity. - Notice Period:
At least 2 months before filing the suit. - Purpose:
To give the Government a chance to resolve the matter amicably and avoid litigation.
Example:
Suing a municipal corporation for illegal demolition of property.
2. Section 138 of the Negotiable Instruments Act, 1881 (Cheque Bounce Cases)
- When Required:
If a cheque is dishonoured due to insufficiency of funds or any other reason. - Notice Period:
Notice to be sent within 30 days from receiving the bank’s return memo. - Time to Respond:
The drawer of the cheque must pay the amount within 15 days from receiving the notice. - Purpose:
To give the issuer a final chance to make the payment and avoid criminal prosecution.
Example:
Cheque issued for business payment gets dishonoured.
3. Certain Contractual Clauses
- Some agreements or contracts may have a mandatory clause requiring notice to the opposite party before initiating legal proceedings for:
- Termination of contract
- Demand for performance
- Claim for damages
If such a clause exists, it becomes legally binding.
Example:
A commercial lease agreement stipulating a 30-day legal notice before eviction.
Cases Where It Is Not Compulsory (But Advisable)
While not legally mandatory, it is highly advisable to send a legal notice in:
- Divorce and matrimonial disputes
- Money recovery suits (against private individuals/companies)
- Eviction of tenants (except where Rent Control Act mandates notice)
- Defamation cases
- Property disputes
- Employment-related disputes
- Consumer protection matters
- Contract breaches (unless contract mandates prior notice)
Summary Table:
| Matter | Mandatory Legal Notice? | Relevant Law/Provision |
|---|---|---|
| Suit against Government or Public Officer | ✅ Yes | Section 80 CPC, 1908 |
| Cheque Bounce Case | ✅ Yes | Section 138 Negotiable Instruments Act, 1881 |
| Contractual Matters (if contract demands) | ✅ Yes (if clause exists) | Contractual obligation |
| Divorce & Matrimonial Cases | ❌ No (but advisable) | — |
| Money Recovery (Private Party) | ❌ No (but advisable) | — |
| Tenant Eviction | ❌ No (unless Rent Act requires) | — |
| Property Disputes | ❌ No (but advisable) | — |
| Defamation Cases | ❌ No (but advisable) | — |
| Employment Disputes | ❌ No (but advisable) | — |
Conclusion:
A legal notice is mandatory only in select cases expressly prescribed by law or contract. In other situations, while not compulsory, it is highly recommended as a formal pre-litigation step to attempt settlement and strengthen your legal position.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304