In which matters is it compulsory to send a legal notice before initiating legal action?

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:

MatterMandatory Legal Notice?Relevant Law/Provision
Suit against Government or Public Officer✅ YesSection 80 CPC, 1908
Cheque Bounce Case✅ YesSection 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


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