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Courts and procedure

Legal notice

Also called: Demand notice, Lawyer's notice, Section 80 notice, Notice before suit

Added Last checked against India Code

A formal written letter telling the other side what you claim and what you want done, usually before going to court. Some laws make it compulsory, such as Section 80 CPC for suits against the government.

Defined by
No single law
Against government
Section 80 CPC, two months
Cheque bounce
Section 138 NI Act

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What it means

A legal notice is a formal letter, usually sent by a lawyer or by the person themselves, that sets out a grievance, the facts behind it and what the sender wants, such as payment, return of property or stopping some act. It gives the other side a chance to respond or settle before a case is filed.

There is no single law that defines a legal notice for every dispute. In many private disputes it is sent because it creates a clear written record and may lead to a settlement. Some laws, though, make a notice compulsory before a case can be filed, and if the notice is missing or late the case can fail.

Two common examples are suits against the government and cheque bounce cases. Section 80 of the Code of Civil Procedure says no suit can be filed against the government or a public officer for an act done in official capacity until two months after a written notice has been delivered. Section 138 of the Negotiable Instruments Act requires a written demand notice to the person who issued a bounced cheque before a complaint can be filed.

The law

Current provisionReplaced
Section 80, Code of Civil Procedure, 1908Notice before a suit against the Government or a public officer Still in force; not renumbered
Section 138, Negotiable Instruments Act, 1881Dishonour of cheque for insufficiency of funds (demand notice in proviso (b)) Still in force; not renumbered

When it matters

  • Someone owes you money, such as unpaid dues, a loan or a security deposit, and has not paid despite reminders.
  • You plan to sue a government department or a public officer, where Section 80 CPC notice is required first.
  • A cheque given to you has bounced and you want to keep your right to file a complaint under Section 138 of the NI Act.
  • You have received a legal notice yourself and need to understand what it claims before you reply.

Example

A contractor in Nagpur finishes repair work for a State Government department but is not paid. Before filing a suit for the money, his lawyer sends a written notice to the department under Section 80 CPC stating the claim, the amount and the relief sought, and waits for the two month period to pass before going to court.

Watch out for

  • Against the government, the two month notice is a condition before filing. Section 80(2) CPC allows a suit for urgent or immediate relief without the notice, but only with the leave of the court. The Delhi High Court refused to treat the notice as an empty formality in Juhi Chawla v. Science and Engineering Research Board (2021).
  • In cheque bounce cases the time limits are strict. The notice must be sent within thirty days of the bank's information that the cheque was returned unpaid, and the drawer then has fifteen days from receiving it to pay.
  • Keep proof of sending and delivery, such as registered post receipts and tracking, because the date the notice was received often decides when the next step can be taken.
  • If you receive a legal notice, read it carefully and note any deadline it mentions. A notice is a claim by the other side, not a court order, but ignoring it may lead to a case being filed.

Common questions

Is a legal notice the same as a court summons?

No. A legal notice is a letter from the other side stating their claim. A summons is issued by a court and requires you to appear or respond in a case that has already been filed.

Do I need a lawyer to send a legal notice?

No law says a notice must be sent through a lawyer. Many people use one so the facts, the claim and any statutory requirement, such as the period under Section 80 CPC, are set out correctly.

Planning to go to court?

A lawyer can tell you the right court and the deadline.

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Free tools for this

Legal notice generatorDraft a legal notice and download it.Limitation calculatorWork out the last date to file.Case status finderCheck a case on the right court portal.
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Related terms

Cheque bounce (Section 138)Gratuity

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Last checked against the official text on India Code on 7 Nov 2026. This is general information on Indian law, not legal advice for your situation. Laws and court rulings change; a lawyer can tell you how they apply to your facts.