NOTICE

 What is a notice ? Have you ever received a legal notice ?  It’s a piece of paper stating the information that a person is supposed to know. Basically, it’s a way of notifying the person of any matter caused by the action of the person causing, also It may relate to the violation of rights and duties , which is served by the courts. It’s a right of fair hearing.

Now when an issue is raised regarding how the notice is supposed to be , it must always be clear, unambiguous and specific. If the notice does not fulfill the above condition, then the notice is not held valid. For example – if the notice is not clear or vague or unspecific , then it would not constitute a valid notice. If it is discovered during the proceeding that the notice is not a valid one , then the proceeding is dismissed, as everyone has the right of fair hearing

Illustration – if A proceeds to file an unspecific or vague notice against B, then it might be not  understood  by B , as the terms are not clear, lading to the violation of the right of fair hearing of B.

To understand it in an descriptive way – suppose if an employee receives a notice against him for the disciplinary actions, and the notice does not mentions about the act of the employee leading to the disciplinary action , no date , no time , then it is not a fair hearing to the employee , as the notice lacks clearness.

Notice must give reasonable opportunity to comply with its requirements. Certain statutes provide as to how to write a notice and what all should be included in a notice.

As Precedent play a vital role in the Indian judiciary, In SHIVLAL THAKUR AND ORS. VS STATE OF HIMACHAL PRADESH AND ORS. In this case the petitioner was moved form the board of the directors of a cooperative bank. A show cause notice was issues by the petitioner which stated that whether he accepts the allegations on him or not . In this case the Hight court held that the petitioner was removed improperly, as the principle of natural justice was not followed, the notice received was not clear again violating the right of fair hearing of the petitioner.