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Difference Between Caveat Petition and Legal Notice Difference Between Caveat Petition and Legal Notice

Bronze medal Reporter Adv Jimna Posted 15 May 2019 Post Comment Visitors: 383 Read More News and Blogs
Difference Between Caveat Petition and Legal Notice

 Caveat Petition

A Caveat Is a notice given by an individual, advising the court that someone else may file a suit or application against him and that the court must give the Caveator(Person filling the Caveat) a reasonable hearing before choosing any issue brought before the important case.

Caveat appeal is clarified under Civil Procedure Code of Section 148A, 1908. Caveat appeal is defined as the careful step taken by a person who holds an extraordinary dread or nervousness that some or the other case against the person are going to be filed in the court of law related to any manner. The caveat is commonly a Latin expression which signifies 'let a person beware'.

Legal Notice

Whereas, a legal notice is documented under Section 80 of the Code of Civil Procedure, 1908 and it is recorded only in civil cases. All lawful move can be made simply after the notice has been served upon the individual or entity one wishes to take to court. It is only this procedure that authorizes getting an issue to court. In this way, So legal notice is basically an official communication to a person or an entity, informing the other party about the intention to attempt lawful procedures against them.

Caveat petition can be recorded by any individual asserting a privilege to appear before the court, where an application is anticipated to be made, where an application is already made, in a suit or the proceeding instituted, in a suit or proceeding which is going to be instituted.

Legal notice to a is a document sent to someone whether it is an individual , company or any other entity, to inform them that you have faced some grievance and plan to take  legal action against them. A legal notice contains datas such as inatact statement and facts related to the grievance for which the action needs to be taken, alternatives or relief sought by the grieving party and how can the relief or problem in hand can be solved, a summary of facts and how they can be solved.

A Legal notice in india is the initial first step of any legal proceeding as it forewarns a person to get prepared for a court action. A legal notice is a warning sent as it lays down the conditions that the person receiving the notice needs to follow, otherwise a legal action may be taken against him.

After the acceptance of caveat petition by the court, it will inform the person by whom the caveat is filed if any case true to form by that person is recorded. As per law, "the Court will serve the notice of the application on the Caveator (person initiating caveat petition)", which makes it necessary not optional.

After the court acceptance of the caveat then it is the obligation of the individual documenting the caveat to serve the notice of the caveat through registered post, acknowledgment due on the person by whom the application has been made and on the person by whom the application is expected to be made.

A legal notice is commonly a basic record however it requires a great deal of precision and exactness and utilization of right language to guarantee the message sent across is perfect. A lawyer or a legal expert can help in putting forth the legal notice as per the prevailing law and wording it according to the need of the specific issue. A legal notice should be drafted with the issue, the relief sought and the specific timespan to settle the issue is to be addressed to the other party, and should be sent through a registered post.

Legal notice can be sent personally also. One can always draft a legal notice and should approve it before sending it to the other party. in any case. because of the significance of the wording in legal notice when the case reaches the court, the citing of law under which the claim raised is necessary.

What details should the Caveat cantain?-

1.  Name of the court where the caveat is to be filed

2.   The suit / petition / appeal no. if existing

3.   Name of the caveator

4.   Brief details of Suit or Appeal likely to be filed

5.   Names of possible appellants  / plaintiffs

6.  Caveator’s address for service of the notice when it is filed

7.   Address where notice of the caveat sent to the other parties by RPAD

For more information refer to lawyers in India.


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