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Difference  Between Caveat Petition And Legal Notice Difference Between Caveat Petition And Legal Notice

Bronze medal Reporter adv katharin Posted 10 Oct 2019 Read More News and Blogs
Difference  Between Caveat Petition And Legal Notice

Caveat petition is defined under section 148A of the civil procedure code. Caveat derived from the Latin phrase which means let a person beware. Caveat petition filed by a person who holds grate fear that some or other legal proceedings can be taken against him or her in the current case or any other cases. Caveat petition is valid for 90 days from the date it is filed in the court. The steps of caveat fulfill the legal principle Audi alterum partum before the final order is pronounced. The legal principle means hears the other side.

caveat application in the Indian court implies that you‘re requesting any court that if just in case a such that person or organization files a case within the court within which you are having some valid interest -- then no order ought to be gone along that Hon'ble court while not supplying you a notice that case being filed and additionally while not listening to your side in that matter.

Whereas, legal notice is defined under section 80 of the civil procedure code. Legal notice is a document that contains the main issue, the relief sought and the exact time period to solve the issue. A legal notice should be fulfilling the legal wordings and law as per the necessity of the particular case. The document should be sent through a registered post.

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A Legal notice may be a formal written material sent by someone or associate entity with reference to some grievance. It is sent as a warning to the receiver that the one causation the notice has bound grievances that don’t seem to be properly taken care of by the receiver, although the receiver has given enough chance to the receiver to resolve the matter.

A legal notice is, therefore, proper communication to someone or associate degree entity, informing the opposite party of your intention to undertake legal proceedings against them.

This notice, when sent, conveys your intention prior to the legal proceedings and thus, makes the party aware of your grievance. A final warning to the receiver that the sender is all ready to initiate a legal proceeding and it’s the ultimate chance for the receiver to resolve the issue in hand.

There are many occasions once an individual or associate entity has to take a proceeding against an associate other person or an entity. The many occasions are often client grievance, property dispute, check bounce, divorce, eviction and plenty of additional. However, it’s necessary for you to tell the opposite person who you’re aiming to initiate a proceeding against them. That is the rationale; you send a legal notice to an individual or associate entity. A Legal Notice is mostly filed in civil cases. Civil lawyers in India will handle such issues. In the criminal cases, there is no filing of the legal notice as in case of a criminal offense the action is instituted by the State against the person committing the offense as State is the supreme power. However, if you propose to initiate a case against the govt you have got to serve a legal notice to the govt beforehand and solely thenceforth you’ll be able to file a civil suit against the Government.

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Section eighty of The Code of Civil Procedure, 1908 provides for causation of a legal notice to the Govt or public officer if one needs to initiate a legal proceeding against them for any act claimed to be done by such public officer throughout the course of his official duty till the expiration of 2 months. The purpose of the notice is to grant Secretary of State or the general public officer an opportunity to measure his legal position and to supply some quite compensation without going to a court of law.

In Bihari Chowdhary v. State of Bihar [AIR 1984 SC 1043], Supreme Court has stated that “The object of the section is the advancement of justice and the securing of public good by avoidance of unnecessary litigation”.

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