Notice to respondent should be given within how many days

Question

Notice to respondent should be given within how many days

14-Jun-2024 (In Civil Law)

What is the time period to reply to a legal notice sent by the opponent advocate?

Answers (6)

There is no single statutory period to reply to every legal notice in India; the deadline is whatever the notice or the applicable statute/contract prescribes and, in practice, recipients are normally allowed a reasonable period (commonly 15'30 days) to respond. For certain statutes the period is fixed: e.g. cheque'dishonour proceedings under Section 138, Negotiable Instruments Act require the complainant to send a demand notice (payee's notice) within the statutory window and the drawer is afforded 15 days to make payment -see The Negotiable Instruments Act, 1881 [https://www.indiacode.nic.in/handle/123456789/2189] and the Supreme Court in M/s Rahul Builders v. Arihant Fertilizers (Crim. A. No.525/2005) on strict compliance with the statutory notice requirements. [https://www.courtkutchehry.com/judgements/659910/rahul-builders-vs-arihant-fertilizers-and-chemical-and-anoth/] Where suits are against the Government, Section 80 CPC mandates a two'month notice period. [https://indiankanoon.org/doc/178223340/] In consumer matters the Supreme Court has held the opposite party is entitled to 30 days (with up to 15 days extension) to file its response. (New India Assurance Co. Ltd. v. Hilli Multipurpose Cold Storage). [https://www.legitquest.com/case/new-india-assurance-co-ltd-v-hilli-multipurpose-cold-storage-pvt-ltd/19AAE1]

Answer #1

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Comments by Users

John Doe
In India, as per the Code of Civil Procedure, 1908, a notice to the respondent should be given within 30 days from the date of institution of the suit.

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LawRato LawRato · Accepted Answer · 2024-06-14T18:05:16+05:30

In India, the time limit to reply to a legal notice typically ranges from 15 to 30 days, although this can vary depending on the nature of the dispute and the specific terms stated in the notice. It is important to respond within the timeframe mentioned in the notice to avoid further legal complications or assumptions of non-compliance. In some cases such as cheque bounce matters under Section 138 of the Negotiable Instruments Act the law specifically requires that a notice be sent within 30 days of the cheque being dishonored, and the recipient is given 15 days to respond. Failing to act within the stipulated period can lead to legal proceedings being initiated by the sender.

Advocate Rhea Luthra LawRato · Accepted Answer · 2024-06-14T18:05:16+05:30

Answer #2

Under law, there is no specific legal notice time limit prescribed for replying. Generally, the notice itself specifies the time limit to reply to a legal notice. If no time frame is mentioned, a reasonable period would be within thirty days of receiving the notice or before the filing of a suit. In case of any other queries, please feel free to contact.

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Advocate Amit Gaurav LawRato · Accepted Answer · 2024-06-14T18:05:16+05:30

Answer #3

There is no strict legal notice reply time defined, but usually, 30 days is considered appropriate. In certain legal matters, specific laws provide a set time limit to reply to a legal notice. It is always advisable to consult a competent lawyer with the contents of the notice rather than merely inquiring about the notice to respondent should be given within how many days.

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Adv. Amit Gaurav Adv. Amit Gaurav

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Advocate Meenakshi Aggarwal LawRato · Accepted Answer · 2024-06-14T18:05:16+05:30

Answer #4

The reply to legal notice depends on the time frame mentioned in the opponent advocate's notice. It could be 15 days or 30 days, and you must respond within that time frame to avoid legal consequences.

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Adv. Meenakshi Aggarwal Adv. Meenakshi Aggarwal

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Advocate Palak Nenwani LawRato · Accepted Answer · 2024-06-14T18:05:16+05:30

Answer #5

The reply should be given within the time period mentioned by the advocate in the notice. It is advisable to respond as soon as possible to demonstrate your bona fide intention against any allegations.

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Adv. Palak Nenwani Adv. Palak Nenwani

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LawRato LawRato · Accepted Answer · 2024-06-14T18:05:16+05:30

Answer #6

Hi, generally, the legal notice reply time provided is 2-4 weeks, within which one must respond. Failure to do so allows the sender of the legal notice to initiate legal proceedings as per law.

Regards,

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