11. Notice(S)

 11. NOTICE

A notice is a written communication or formal announcement that conveys information or instructions to individuals or parties involved in a particular matter. Notices serve various purposes and are commonly used in legal, business, and personal contexts.

Notices are important as they serve as a formal record of communication and help ensure that the intended recipients are informed about specific matters or actions. The content and format of a notice may vary depending on the purpose, legal requirements, and the specific context in which it is used.

NOTICES ARE OF TWO TYPES :

A. ACTUAL NOTICE :

Direct or express knowledge or intimation of a fact to a person is said to be an actual notice of the fact to concern person. It is formal or express communication of a definite fact relevant to the transaction to one party by another party interested in the transaction.

B. CONSTRUCTIVE NOTICE :

This notice signifies that a person or entity should have known, as a reasonable person would have, of a legal action taken or to be taken, even if they have no actual knowledge of it.

OTHER SCENARIO OF NOTICE 

1.  PUBLIC / PAPER NOTICE :

 

This Notice is mostly issued by the Parties Advocate in daily newspaper. Generally the Costing / pricing of Notice is calculated on word used basis, it differs as per different newspaper agencies and also discount provided with it.

Public Notices usually Published for any Concern Property (Either Land or Unit) deal has been negotiated and finalized, just to authenticate and reconfirm that is any person having any right, title and interest in it or not.

Public Notice issued for following reason:

 

A.                  Title Verification,

B.                  Selling of Property,

C.                  Developing of Property,

D.                 Objection on Property Deal,

E.                  Loss of Document,

F.                  Property Claim.

2.  PRIVATE NOTICE :

 A Private Notice is a Written and Formal legal intimation sent to the opposite party by the aggrieved party who has suffered some type of civil injury. This Notice acts as a sign of preparation of a law suit against the opposing party if the demands mentioned in the Notice are not fulfilled by the opposite party. Sending a notice is a procedural requirement that is done before filing a case in the court as per the Civil Procedure Code, 1908,

This type of Notice is governed under various Statutes e.g. Transfer of Property

Act 1882, Negotiable Instrument Act 1881, Civil Procedure Code 1908,

 

3.  SUMMONS :

Every summons shall be served by a police officer, or subject to such rules as the State Government may make in this behalf, by an officer of the Court issuing it or other public servant. Governs under Section 62 of Criminal Procedure Code.

Summons are the instruments that are issued by the Court to a party to appear and answer the alleged claim and are served in a manner prescribed on the given date of the proceeding which is governed under Section of Civil Procedure Code 1908.

 

4.   SHOW CAUSE NOTICE :

 

It implies an order issued by a Court, Competent Authorities or an Organization asking an individual or a group of individuals to explain or to show cause in writing concerning why the disciplinary action shall not to be made against them who is engaged in specific incidents, poor execution, any wrong doing and offence.

This Notice is issued by the authority or the Management subsequent to checking on the whole incident and if finds that the individual accused or may be involved in wrongdoing and it also gives a reasonable & fair chance of hearing him & his clarification towards his/her/ theirs activities thus keep away from the disciplinary action.

ADDITIONAL INFORMATION:

A]       CIRCULAR:

A circular is a written document issued by an organization, government agency, or institution to convey information, instructions, or guidelines to a targeted group of individuals or entities. Circulars are typically distributed internally within an organization or externally to a specific audience.

B]       NOTIFICATION :

 

It is changes or insertion to an already existing Act, Section or clauses by way of amendment or repeal. Notification binds all public after effective notification in Public gazette.

It is a public notification in the Official Gazette & is issued from legislative enactment or provision with certain derived power.

we observe phrases such as may be prescribed. These are later notified through notifications.

The Ministry/Departments are empowered to come out with notifications superseding the earlier ones.

Notifications are integral part of the enactment and is binding on all the constituents.

C]     OFFICAL GAZZTEE :

 

Gazette is an authorised legal document of Government containing the mode of operations under the law of the land.

Gazette Notifications are published under Department of Publication Ministry of Housing and Urban Affairs – Government of India.