• Legal notice

I received a Legal notice to my email ID . Do I need to reply to it ? I have changed my address and the registered post legal notice sent to my old address was returned by the post office as I no longer live there.
Asked 7 years ago in Business Law

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14 Answers

Yes you will have to reply to the same. Sending by e-mail is deemed acceptance on your part and legally you must reply to the same.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

Information technology act, cpc talks about the same. You may refer to the following link for an insight on the topic:

http://ptlb.in/iips/?p=299

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

1) notice sent by email is admissible in evidence.

2)you must reply to legal notice deny all allegations made in the notice

Ajay Sethi
Advocate, Mumbai
97332 Answers
7864 Consultations

section 138 of the NI Act does not prescribe any particular mode of demand notice and it merely requires a “notice in writing”. . Thus, a demand notice can be sent through the mode of registered post, e-mail, fax etc and there cannot be any objection for the same.

Ajay Sethi
Advocate, Mumbai
97332 Answers
7864 Consultations

in fact Delhi HC has recently permitted service of summons through whats app,text messages emails

even Bombay HC has in recent case permitted service of summons through whats app as defendant was evading service of summons

if summons can be served through emails why not legal notice

Ajay Sethi
Advocate, Mumbai
97332 Answers
7864 Consultations

What sort of notice is this?

Only the statutory notice is required to be served through post. All other notice can validly be served through e-mail.

So unless and until you clarify the notice then it is difficult to advise.

Devajyoti Barman
Advocate, Kolkata
23300 Answers
520 Consultations

Yes, you've reply it. Legal Notice sent can be sent electronically.

Vibhanshu Srivastava
Advocate, Lucknow
9680 Answers
312 Consultations

In the past, Supreme Court has sent notice (s) to a party in a case by an email and the High Court's have gone an extra mile by taking recourse to wassap for service of notices.

The Information Technology Act, 2000 recognises sending of electronic records for various purposes, including legal notices, if certain conditions are satisfied. Both Supreme Court of India and the Delhi High Court have already prescribed guidelines in this regard.

Vibhanshu Srivastava
Advocate, Lucknow
9680 Answers
312 Consultations

Most of the time send a replay to a notice is good . Emails have a validity and admissible in evidence.Due to the change of circumstances the mode of serving notices also changed. So better send a replay

Ajay N S
Advocate, Ernakulam
4096 Answers
113 Consultations

Legal notice through email is validly served on you and i would suggest you to properly reply it.

GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Shri Gopal Verma
Advocate, Delhi
400 Answers
14 Consultations

Sir,

Notice through email is still not valid form of sending legal notice .Even though some courts have recognised email as an alternative for process serving ,it is still not widely accepted

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

At present, the legal notice served through email is also considered as sufficient service of legal notice.

The legal notice can be served to the last known address only hence it is not the problem of the lawyer to not to send you the notice to your new address.

T Kalaiselvan
Advocate, Vellore
87534 Answers
2349 Consultations

Can you please clarify which section or amendment says that e mail notice is valid way of sending legal notice.

I am told by my uncle who is a police officer that there is no such provision in law .

The same rule or provisions of law which authorises to send the legal notice is applicable to this situation too, there are supreme court settled laws to confirm the validity of such notices.

T Kalaiselvan
Advocate, Vellore
87534 Answers
2349 Consultations

Dear Client,

Change of address without intimation - Service of notices deem effective. Reply can be suggested only after reading the content of notice.

Yogendra Singh Rajawat
Advocate, Jaipur
23006 Answers
31 Consultations

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