Need help in clearing advice
Hi Experts,
I need your help in understanding truth behind the points mentioned below -
When first party send a Legal Notice to the second Party. The second party should respond to that legal notice in following manner.
1. The first step after receiving a legal notice is to get in touch with the experienced lawyers for drafting a reply to the legal notice received by second party. If second party has received a notice from a lawyer or a legal notice it simply means that first party is planning to take legal action against second party. And it is significant that once a notice is issued it is nothing but the legal procedure has been started to reach its goal or motive.
2. Second Party (Legal Notice Receiver) must reply the legal notice within the stipulated period of time as mentioned in the legal notice. And in Legal Notice format stipulated period is mentioned clearly and prescribed specifically at the last para of the Legal Notice and said period is ultimatum and mandatory. If Second party don't reply it means second party has accepted the allegations levelled against him / her in that legal notice.
3. If Second Party want to prove that the contents of the Legal Notice are not correct and not accepted to the second party has to reply to the Legal Notice through a Lawyer
4. Bonds are not illegal and they are not always part of the employment offer letter. Bond is alive until its cancellation. Duration of service period is mentioned in the bonds. Though the service period of two years lapses, bonds still continues for further completion and obligation as not to have service with employers Client companies.
For example next two years or further couple of years. Section 27 of the Indian Contract Act, 1872 is not applicable and relevant for salaried employment. There is difference between bonded labor and bonded employee.
5. Sometimes First Party may think that the Second Party misuse or mal use confidential information of the first party. It is presumption and apprehension
6. In some cases documentation parts are completed with good faith, trust and long duration association between two parties where in afterword’s one of the Party realize that the second party has misguided them at that time and completed the documentation part at that movement it comes under the absconding case under the Breach of Contract.
7. If any or all points in a Legal Notice are irrelevant the Second Party (Legal Notice Receiver) must reply the legal notice within the stipulated period of time as mentioned in the legal notice through a Lawyer.
8. The addressee (second party) can’t possess the right to ask clarification / explanations/ justifications from First Party.
9. Internet email media is just for information, nevertheless paperwork and documentation is necessary for legacy.
In simple words a reply to a legal notice must be given by the receiving party through a Lawyer in stipulated time, if receiver fails to reply to a legal notice through a Lawyer