Legal Notice Online Format | Process

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How to Start a Legal Notice

Overview
Send a Legal Notice in India
What Is a Legal Notice?
When We Can Send a Legal Notice
After Getting a Legal Notice, How to Respond
How to Draft a Legal Notice
Advantages of a Legal Notice
If Someone Doesn’t Respond to the Legal Notice
Benefits of A Legal Notice
FAQs

Overview

A “Legal Notice” is a legal intimation sent to the opponent indicating that the aggrieved is preparing to file a lawsuit against the concern in case the demand mentioned in the relevant notice is not fulfilled.

Therefore, in a nutshell a legal notice can be defined as a formal communication to any person or a legal entity, informing the other 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 “Legal Notice” is a legal intimation sent to the opponent indicating that the aggrieved is preparing to file a lawsuit against the concern in case the demand mentioned in the relevant notice is not fulfilled.

Therefore, in a nutshell a legal notice can be defined as a formal communication to any person or a legal entity, informing the other 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.

How One Can Send a Legal Notice in India?

Legal Notices are often sent by people in Civil matters in cases of violation of agreements, marital issues, negotiable instruments, etc. A notice is a very helpful way of saving money and time of the parties and gives them a chance to resolve the issues with a common consensus. This article will give extensive information dealing with all the basic aspects of sending a legal notice in India.

What Is a Legal Notice?

A Legal Notice is basically information or intimation in a clear and unambiguous language that a person or entity sends to another person or entity to do or not to do certain acts failing which the sender of the notice would take legal redress. In simple words, it is a formal communication where you tell the other person that you intend to take legal action against him or her. It is a step before you file a lawsuit.

The person who sends the notice is called Sender and the person to whom a notice is being sent is called an Addressee. A notice gives the addressee an opportunity to present his side of the story through an amicable method without recourse to the court. A notice is being served only when it is being delivered or being refused to receive by the addressee

The issuing of the notice may be a statutory duty or merely optional, but in either case, the purpose of the notice is to inform it’s recipient i.e the addressee precisely and clearly about the intent of the Sender. There must not be only a clear despatch of notice but in order to fix liability on the Sender, there must be clear proof of the notice being received by the Addressee.

A Legal Notice is an intimation and is only filed in Civil Cases like the

Disputes related to property
Matrimonial Issues
Issues related to Negotiable instruments
Sexual Harassment at Workplace
Non Payment of Salary
Issues related to payment of insurance claims etc.

When We Can Send a Legal Notice?

A legal notice is generally issued by an advocate appointed by the victim, on behalf of his/her client for the purpose of soliciting a settlement.

There are numerous reasons for which one can send a legal notice to a person or a legal entity. However, the most common reasons are as follows:

Section 1- First digit indicates the status of whether the food business is registered or not.
Property related disputes for example mortgage, delay in possession delivery by the builder, eviction of the tenant on unreasonable grounds, partition of family property, etc.
Notice to the employer for terminating employees wrongfully, unpaid salary, violation of rights of the employees by the employer etc.
Notice to any employee for violation of the HR policies, committing sexual harassment at workplace, leaving the job without dropping the resignation letter, violation of any provision of the employment agreement etc.
Notice to a company manufacturing or providing service of contaminated/low standard products, negligent services, fraudulent advertisement etc.
Notice in the case of cheque bounce to the issuer of the cheque.
Notice regarding personal conflicts for instance divorce, maintenance, child custody, division of maternal property etc.
Cheque Bounce: A notice can be sent to the issuer of the Cheque when a cheque bounces. Under Section 138 of The Negotiable Instruments Act, legal action can be taken against the Issuer of the cheque.

“A Legal notice sets a ground for a fair trial as the addressee or the respondent gets time and opportunity to present his side of the story. In Governmental issues it is mandatory to send a notice under Section 80 of the Code of Civil Procedure so that the Government can understand the issue and provide a solution which would be just,” says Advocate Pushkar Taimni.

After Getting A Legal Notice, How To Respond?

It is advisable to reply to notice within the stipulated time as not replying to the notice can benefit the Addressee.

The following important points should be kept in mind once a notice is received.

Reading the notice carefully: It is important to read the legal notice properly in order to understand the issue and the concerns raised by the other party. After going through the notice thoroughly, if the receiver feels like the concerns raised in the notice can be resolved amicably then a conversation should be initiated immediately.
Contacting a Lawyer: If the contents mentioned in the notice is not clear, then one must contact a profound lawyer who can take further legal action regarding the matter. Also, one must keep a record of the time of receiving the notice which will be advantageous even if the opposite party takes the matter to the court.
Briefing the lawyer: This is the most important step to follow. You must escalate the entire matter to your appointed lawyer, providing him with all the requisite information about the facts, place, time and events related to the issue etc. which will help your Lawyer to draft a proper reply presenting your side of the argument.
Sending the reply: Once the reply notice is drafted by your Lawyer on your behalf, it is sent through registered post or courier. A copy of the reply is also kept by your lawyer for future reference.

How to Draft a Legal Notice?

A Legal Notice can be filed for various issues as mentioned above but if one intends to file a Civil Suit against the Government then that person has to serve a legal notice to the concerned Governmental Organisation before filing a Civil Suit

Section 80 of The Code of Civil Procedure, 1908 provides for sending of a legal notice to the Government or public officer if one wants to initiate any legal action against them for any act committed during their period of employment. The purpose of notice, in this case, is to give an opportunity to the concerned officer to revaluate his action and provide a justification or offer compensation.

The Apex Court in its landmark judgment of Bihari Chowdhary & Anr vs State of Bihar & Ors has said that the object of the section is the advancement of justice and the securing of public good by avoidance of unnecessary litigation.

Steps to drafting a Legal Notice are:

STEP 1 - Contacting a Lawyer:   A legal Notice is being sent through a Lawyer and the first step is reaching out to one.

STEP 2 - Sharing Information: All the information is explained in detail to the Lawyer, like the name of the parties, addresses, issues, grievances, and the relief sought. 

STEP 3 - Providing the Documents: All the necessary and required documents are provided to the lawyer for filing of the notice. 

STEP 4 - Drafting: The notice is then drafted in the Legal Language by the Lawyer clearly mentioning why the notice is being sent, information about previous communications, and a stipulated time e.g 15 days, 30 days or 60 days is given to the addressee to reply. 

STEP 5 - Signing:  The notice is duly signed by the Sender and the Lawyer and is generally sent via Registered post or Courier with the acknowledgment receipt being retained safely. A copy of the notice is also kept by the lawyer for future reference. 

Essential Information for a Legal Notice 

The legal notice is the first step towards a Legal action and it is important that it is in proper format mentioning all the essential information before it is being sent to the addressee.

Basic Information:   The name, address and description of the Sender is properly and clearly mentioned in the notice. 
Statements for Cause of Action: The matter in the notice is generally in paragraph and in each paragraph statements supporting the cause of action are being provided. This also includes the essential facts of the issue and grievances the Sender had against the addressee. Previous communication is also mentioned. 
Relief Sought: The ending paragraph should have a detailed explanation of the relief which is sought by the Sender giving a proper rationale.

What Are the Advantages of Legal Notice?

Legal notices are a vital principle of the courts as it provides a platform and a chance to both the parties to reach a consensus without taking the route of the court.

Reaching Common consensus:  A legal notice provides both the parties to reach a common consensus. It gives them a chance to put forward their grievances and complaints. 
Saves time: All of us know how long court cases take to resolve and this whole journey is very troublesome and time-consuming for both the parties. The procedure of sending notice provides the parties the chance to save their time.
Saves Money:  It is a well-known fact that the process of Litigation consumes lots of money, the procedure of communication through notice gives a midway to both the parties.
Providing fair and reasonable chance: Legal notice is an important part of the adjudication process providing fair and reasonable chances to settle the disputed points and to intimate the parties of the legal action.

What Happens if Someone Doesn’t Respond to the Legal Notice?

If one doesn't respond to the legal notice within the stipulated period of time, then eventually the aggrieved party will file a suit in the appropriate Court of Law. Once the suit is filed in the Court, the Court will send order the respondent to appear before the Court and answer the charges pressed as by the opposite party.

Benefits of A Legal Notice

Despite being a legal compulsion the FSSAI Basic Registration renders dozens of benefits to the Food business operators. The common benefits of securing FSSAI Basic Registration include

Warning: A legal notice acts as a warning as it ensures that the offender is made aware of his/her duties to be performed along with the consequences of non-compliance.
Caveat: The respondent is informed regarding the potential litigation and opportunity to rectify his/her error.
Resolution of Dispute: Both parties are given a fair chance to resolve their dispute by negotiating between them, without dragging the matter to the court.
Amicable Settlement: The process of litigation is time as well as money consuming in lieu of which direct settlement via legal notice makes things quicker and easier.

FAQ's

FSSAI (Food Safety and Standards Authority of India) is a premier government body that underpins standards for the selling, packaging, or storage of food items in India. To ensure utmost food safety, the FSSAI has mandated every food business operator to secure an applicable food license. FSSAI functions under the aegis of the Ministry of Health and Family Welfare and the Government of India. FSSAI outlines various guidelines and standards in accordance with the Food Safety and Standards Act, 2006. FSSAI Basic Registration generally covers the small FBOs. It is entirely distinct from the FSSAI central and state license. FSSAI Basic registration can be secured electronically by filling the FSSAI registration form on an electronic system known as Food Licensing & Registration System (FLRS). FLRS also enables the applicant to track the submitted application during the processing stage. Almost, 35 States/Union Territories have been granted a license/registration certification electronically. The FSSAI license is usually granted for a timeframe ranging from 1-5 years. The license holder should renew their certification before thirty days of the expiration date via the FLRS portal. The FSSAI acts to secure the law for food and relevant business by establishing standards for food to control the manufacturing of food.

FSSAI: FSSAI - Food Safety and Standard Authority of India is an autonomous body that is established under the Ministry of Health and Welfare, Government of India. FSSAI License is responsible for protecting and promoting public health through the regulation.

FSSAI License/ Registration in India is mandatory for all food and food-related businesses, this 14 digit License number gives us information about the permit of the producer. The following businesses mandatory need to obtain the FSSAI Registration or License.

Petty retailers, retail shops, snacks shops, confectionery or the Bakery Shop, etc.
Temporary stalls, or food premises that are involved in the preparation, distribution, storage, and sale of food products.
Hawkers who sell packed or freshly prepared food.
Dairy units like milk chilling units, petty milkman, and the milk vendors.
Vegetable oil processing units.
Slaughterhouse like meat shop, mutton shop, chicken shop, lamb meat shop.
Meat and Fish processing units.
All food manufacturing and processing units include the repacking of food.
Proprietary and novel food.
Cold store facility.
Transporter of food products that have several specialized vehicles like the insulated refrigerated van/wagon, milk tanker, food wagon, food trucks.
Any wholesaler, supplier, distributor, and marketer of food products.
Hotels, Restaurants, and Bars.
Dhaba, Banquet halls with food catering, home-based food services and
food stalls in fairs or other religious places.
Importers and the Exporters of Food.
And cloud kitchens.

Outlining rules and regulations pertaining to food safety and awareness
Granting food licenses to eligible food businesses
Setting out procedures & norms for food testing labs
Facilitating recommendations to GOI in outlining new policies
Collecting data related to contaminants in food articles
Identifying the potential risks in the food sector or supply chain of food
Conducting an on-site inspection of the premises dealing with food processing or manufacturing
Leveraging rapid alert system for speedy detection of problems with food items available to masses

FSAAI has underpinned a stringent operating framework for proprietary food units as most of them operate without any regulations. The authority has not allowed these entities to function without legal consent. It is vital for entities in the food sector regardless of their scope of operation and annual turnover to register with FSSAI.

Every food business operator has to apply for FSSAI license in India, after FSSAI registration the Food business is provided with a 14 digit license number which has to be showcased in the premise The 14-digits of the FSSAI license number have been essentially divided into 5 sections and each section helps us to understand the details. Below mentioned are the five different sections of the FSSAI license number and its details:

Section 1 - First digit indicates the status of whether the food business is registered or not.
Section 2 - The second and the third digit indicates the state code which means the state where the business is registered.
Section 3 - The fourth and fifth number will talk about the year in which the food business is registered.
Section 4 - The sixth, seventh and eight number will help you to understand the quantity of enrolling master.
Section 5 - Ninth to Fourteen is the Makers license number.

The applicant/FBO needs to pay the fees while submitting the FSSAI registration form. The FSSAI registration fee for different types of registration are as follows:\

FSSAI Basic Registration- Fee of Rs. 100.
FSSAI State License- Fee between Rs. 2,500 to Rs. 5,000 (Depends on the type of business carried out).
FSSAI Central License- Fee of Rs. 7,500.

The FSSAI License in India is very essential to commence with the food business as the validity of the business is for 1 to 5 years the business must apply for renewal 30 days before the expiry of the current license.

FSS Act encloses the given penal provisions against the actions that are punishable offenses:

Any individual trading non-branded food article, either himself or via a third party that functions independently, shall be subjected to a penalty of up to 5 lakhs.
In this scenario, any individual selling low-quality food articles, either himself or via a third party that functions independently, shall be held accountable to face the underlying penalties.
If individual trading, marketing, storing, or importing food items available to masses, either himself or by an individual is found with an extraneous matter, the FSSAI penalty for such parties is up to Rs 1 lakhs.
If an individual, either himself or via a third party that functions independently manufactures or processes food items meant for masses under unsafe and unhygienic conditions shall be held accountable to face a penalty of Rs 1 lakhs.
In severe cases where the consumer has encountered the life-death scenario due to the substandard food article, the fine may go up to Rs 5 lakh for the defaulter.

Every petty FBO shall register themselves with the Registering Authority (RA) by furnishing a registration form (Form A) under schedule 2 of these regulations along with standard fee as cited in Schedule 3.
The petty food manufacturer shall comply with underlying hygiene & safety norms cited in Part I of Schedule 4 of these norms & facilitate a self-attested document cum declaration of adherence to these norms with the form in the format cited in Annexure-1 under Schedule.
The Registering Authority (RA) shall consider the application form and may either accord registration or revoke it with concrete reasons to be recorded in written or grant notification for inspection, within seven days of receipt of a registration form.
In the case of an inspection being executed, the registration shall be accorded by the RA after being satisfied with the underlying conditions for safety, hygiene, and sanitary of the premises as cited in Part II of Schedule $ within the timeframe of 30 days.

If registration is not accorded or revoked, or inspection does not take place within 7 days cited in above sub-regulation (3) or no decision is communicated within thirty days timeframe as cited in the above sub-regulation (4), the business owner may commence its business undertaking, provided that it will be incumbent on the FBOs to meet any improvement directed by the RA even later.
Provided that registration shall not be refused without giving the applicant an opportunity of being heard and for reasons to be recorded in writing.

The Registering Authority (RA) shall accord a registration certificate & a photo identification card, which shall be displayed at a business place at all times or cart or vehicle or any other place where the individual carries the food business in case of Petty Food Business.
The Registering Authority (RA) or any institution authorized for this purpose shall inspect the registered business place at least once a year.

FSSAI registration is based on the business types, turnover and capacity of production. Depending upon the installed capacity and turnover, FBOs are eligible for license such as basic license, central license and state license

FSSAI Basic License FBOs having turnover less than Rs. 12 lakh per annum must obtain FSSAI basic registration. The FSSAI registration form that the applicant has to fill to obtain FSSAI basic registration is Form A.
FSSAI STATE LICENSE: FBOs having a turnover of more than Rs. 12 Lakh per annum and less than Rs. 20 Crore per annum must obtain FSSAI state license. The FSSAI registration form that the applicant has to fill to obtain FSSAI state license is Form B.
FSSAI CENTRAL LICENSE: FBOs having a turnover of more than Rs. 20 crore per annum must obtain the FSSAI central license. The FSSAI registration form that the applicant has to fill to obtain FSSAI central license is Form B.

Despite being a legal compulsion the FSSAI Basic Registration renders dozens of benefits to the Food business operators. The common benefits of securing FSSAI Basic Registration include

Ensure better customer retention
Build trust among the target consumer
Allow the business to thrive without legal hassles
Ensure business expansion and better earning
TRUST OF THE CUSTOMERS: An authentic communication is necessary to gain the customer trust. It will conduct better service and also keep the customers from unhealthy and adulterated food supply.
LEGAL ADVANTAGES: FSSAI Certification will enhance the chance of legal enforcement and control over the department at a certain point and will encourage the establishment of several things to a particular area.
GOVERNMENT FUNDING AND LOANS: The FSSAI registration will offer the privileges of Government Funding and Loans that can be easily accessible for the business operators.
USE OF FSSAI LOGO: The use of FSSAI logo on your product will normally create goodwill trust worthiness amongst the consumers.
EXPANSION OF BUSINESS: The FSSAI license will provide a wider scope and privilege of expansion any geographic location.
RECOGNITION OF GOVERNMENT: Government of India recognizes the FSSAI Registration resulting in to customer trust and huge base of consumers.
PERMIT OF FOOD BUSINESS: FSSAI License speaks about the safety of the customers concerning to food business.
BENEFITS FROM GOVERNMENT ACTIONS ON NON-COMPLIANCE: Government will take action and bestow the help on the company in case of any non-compliance issue in the future.
BOOST UP YOUR BUSINESS: If a business is FSSAI registered, it will create handsome client base and boost up the business at a larger scale
BRAND VALUE: A company will automatically acquire Brand Value once it is FSSAI registered.

End-to-End Support for the licensing process
Ensure seamless paperwork
Availability of experienced professionals and field experts for seamless assistance.

Punishment for carrying a business without the FSSAI License In case a person or a food business operator himself who is supposed to obtain the License manufactures, sells, stores or distributes, or imports any article for food without a license then it is a punishable offense with imprisonment for six months and a fine of Rs 5 lakh. Penalties for False advertisement
Any person who publishes or is a party to the publication of an advertisement that:

Falsely describes the food or
Is likely to mislead as to the nature or substance or quality of any food or false guarantee then shall be liable to a penalty which can be extended to ten lakh rupees.

FSSAI Stands for Food Safety and Standard Authority of India. FSSAI is an Independent organization under the Ministry of Health. FSSAI Registration is mandatory for every individual or entity eligible for an FSSAI food safety Registration or License.

India's food safety and standards authority (FSSAI Registration) plays a crucial role in formulating the controlling procedures.

Yes, to be able to sell food, you will require to have an FSSAI license.

FSSAI registration or License is mandatory for all types of food business operators in India, whether they are transporters, distributors, manufacturers or caterers, etc. There are three types of registration available depending upon the annual turnover and type of the establishments or business.

The foremost responsibility of FSSAI includes the development of Science-based Food Standards for articles of food and food products and regulating their manufacture, storage, distribution, sale, and import to ensure the availability of safe and wholesome food for human consumption.

To run a food business in more than two states, he has first to obtain a Central License for its registered office and a separate license from the state authority of the respective state.

Licensing Officer can reject the application when the required information is not provided within the stipulated time of 30 days. Do medical stores need to get a license if they are selling dietary foods? All Food Business Operators - FBO, including medical stores have to get FSSAI license/registration.

Basic registration, State license, Central License are the three types of FSSAI licenses

Food Safety and Standards Authority of India The Food Safety and Standards Authority of India (FSSAI) has been established under Food Safety and Standards, 2006, which consolidates various acts & orders that have hitherto handled food-related issues in various Ministries and Departments.