Amity Law School- II

Legal Notice (draft/reply)

Of Retirement by a Partner

Submitted to:

Submitted by:

Dr.Manish Yadav

Saloni Shrivastav
A11921512028
BBA LLB (H)
Semester 6th

Acknowledgement

The success and final outcome of this project required a lot of guidance and
assistance from many people and I am extremely fortunate to have got this all
along the completion of my project work. Whatever I have done is only due to such
guidance and assistance and I would not forget to thank them.
I would like to express my special thanks of gratitude to my teacher Dr.Manish
Yadav who gave me the golden opportunity to learn how to make a Notice of
retirement by a partner which also helped me in doing a lot of Research.
Secondly I would also like to thank my parents and friends who helped me a lot in
finalizing this project within the limited time frame.

Introduction

Notice is the legal concept describing a requirement that a party be aware of legal process
affecting their rights, obligations or duties. There are several types of notice: public notice (or
legal notice), actual notice, constructive notice, and implied notice.
There are various types of notice, each of which has different results. In general, notice deals
with information that a party knows or should have known. In this context notice is an essential
element of DUE PROCESS. Notice can also refer to commonly known facts that a court or
Administrative Agency may take into evidence.
Actual notice is information given to the party directly. The two kinds of actual notice are
express notice and implied notice. An individual is deemed to have been given express notice
when he or she actually hears it or reads it. Implied notice is deduced or inferred from the
circumstances rather than from direct or explicit words. Courts will treat such information as
though actual notice had been given.
Constructive notice is information that a court deems that an individual should have known.
According to a Rule of Law that applies in such cases, the court will presume that a person
knows the information because she could have been informed if proper diligence had been
exercised. Constructive notice can be based on a legal relationship as well. For example, in the
law governing partnerships, each partner is deemed to have knowledge of all the partnership
business. If one partner engages in dishonest transactions, the other partners are presumed to
know, regardless of whether they had actual knowledge of the transaction. The term legal notice
is sometimes used interchangeably with constructive notice.
In certain cases involving the purchase of real property, an individual is charged with inquiry
notice. When an individual wishes to purchase land, he ordinarily has the duty under the
recording acts to check the title to the property to determine that the land is not subject to any
encumbrances, which are claims, liens, mortgages, leases, EASEMENTS or right of ways, or
unpaid taxes that have been lodged against the real property. In some situations, however, the
individual must make a reasonable investigation outside of the records, such as in cases
involving recorded but defective documents. This type of notice is known as inquiry notice.
Some states have notice recording statutes that govern the Recording of Land Titles. Whereas
inquiry notice deals with looking closely at documents that have been recorded, notice recording
statutes state that an unrecorded conveyance of property is invalid against the title bought by a
subsequent bona fide purchaser for value and without notice. This means that if John purchases a
piece of land on a contract for deed from Tom and does not record the contract for deed, and if
Tom resells the land to Jill, who has no notice of the prior sale, then Jill as a bona fide purchaser
will prevail, and John's conveyance will be invalid.

The concept of notice is critical to the integrity of legal proceedings. Due process requires that
legal action cannot be taken against anyone unless the requirements of notice and an opportunity
to be heard are observed.
Legal proceedings are initiated by providing notice to the individual affected. If an individual is
accused of a crime, he has a right to be notified of the charges. In addition, formal papers must
be prepared to give the accused notice of the charges. An individual who is being sued in a civil
action must be provided with notice of the nature of the suit. State statutes prescribe the method
of providing this type of notice. Courts are usually strict in requiring compliance with these laws,
and ordinarily a plaintiff must put this information into a complaint that must be served upon the
defendant in some legally adequate manner. The plaintiff may personally serve the complaint to
the defendant. When that is not practical, the papers may be served through the mail. In some
cases a court may allow, or require, service by posting or attaching the papers to the defendant's
last known address or to a public place where the defendant is likely to see them. Typically,
however, notice is given by publication of the papers in a local newspaper. When the defendant is
not personally served, or is formally served in another state, the method of service is called
substituted service.
Notice is also critical when suing a state or local government. Many states and municipalities
have notice of claim provisions in their statutes and ordinances that state that, before a lawsuit is
started, a notice of claim must be filed within a reasonable time, usually three to six months after
the injury occurs. The notice must contain the date of injury, how it occurred, and other facts that
establish that the prospective plaintiff has a viable Cause of Action against the government.
Failure to file a notice of claim within the prescribed time period prevents a plaintiff from filing a
lawsuit unless exceptions to this requirement are provided by statute or ordinance.
Notice is also an important requirement in ending legal relationships. For example, a notice to
quit is a written notification given either by the tenant to the landlord, or vice versa, indicating
that either the tenant intends to surrender possession of the premises on a certain day or that the
landlord intends to regain possession of the premises on a certain day. Many kinds of contracts
require that similar notice be given to either renew or end the contractual relationship.
Notice may also refer to commonly known facts that a court or administrative agency may take
into evidence during a trial or hearing. Judicial Notice is a doctrine of evidence that allows a
court to recognize and accept the existence of a commonly known fact without the need to
establish its existence by the admission of evidence. Courts take judicial notice of historical
events, federal, state, and international laws, business customs, and other facts that are not
subject to reasonable dispute.
Administrative proceedings use the term official notice to describe a doctrine similar to judicial
notice. A presiding administrative officer recognizes as evidence, without proof, certain kinds of
facts that are not subject to reasonable dispute. Administrative agencies, unlike courts, have an
explicit legislative function as well as an adjudicative function: they make rules. In rule making,
agencies have wider discretion in taking official notice of law and policy, labeled legislative
facts.

Samples of a notice of retirement by a partner

Registered A.D.
Date ..
To,

.
.
Dear Sir,
I hereby give you notice under clause . of the Deed of Partnership dated
. executed between me of the One Part and you both of the Second and Third
Parts that 1 intend to retire from the partnership between us with effect from

Yours faithfully,
.. A
Date: ..

Notice Of Retirement By A Partner

.
.

Date ..
TO,
1. ..
2. ..
Dear Sir,
In terms of clause . of Partnership Agreement dated . and made or expressed to
be made between the undersigned of the ONE PART and you both on the second and third parts,
I hereby give you notice that I intend to retire from the partnership with effect from the
. day of ., 2000.
Yours faithfully,
..
Partner

Conclusion
What Are Legal Notices?
One of the steps to filing a civil lawsuit involves giving legal notice of the lawsuit to the other
party. Serving a legal notice notifies the other party that you are suing them, gives them the
reasons why you are suing them, and provides the other side with the legal basis upon which you
filed the lawsuit. The other party then has a certain time period to respond, usually 30 days.
Legal notices are a vital principal of the courts providing fairness and due process by giving all
parties affected by the lawsuit or legal proceeding notice of the legal procedure. No party can
operate in secret and all court actions must be apparent to all parties to the case.
What Is a Legal Notice in a Lawsuit?
A legal notice is a lawsuit is a notice or petition by the court stating that the court is preparing to
litigate a lawsuit against the defendant. The court begins this process by personally serving the
affected defendant with the complaint and petition, together with a summons or order to appear
in court (or to file an answer to complaint). Thereafter, the defendant will be deemed to have
notice of the lawsuit and failure to appear or answer will allow the plaintiff to enter default
judgment
Who Should Read Legal Notices?
The party being served with the lawsuit (sometimes called the respondent or defendant) is
the person who should read the legal notice. This is because this person is being sued and
therefore their rights may be affected.
Why Do Legal Notices Exist, and Why Are They Useful?
One of the simplest reasons to understand why legal notices are used deals with fairness. For a
lawsuit to proceed, it is simple to understand that the party being sued needs to be notified that
they are being sued. From here on, this party can then do the necessary steps to defend
themselves, i.e. hire an attorney and decide how to respond to the notice of the lawsuit.
Legal notices therefore are extremely important. They inform a party that they are being sued
and serve as an indication that this party now needs to take action to defend him of herself.
Who Should Read Legal Notices?

The party being served with the lawsuit (sometimes called the respondent) is the person who
should read the legal notice. This is because this person is being sued and therefore their rights
may be affected. Once a legal notice is read, the defendant given notice must either appear in
court to defendant the suit or answer the complaint that was served.

How Is Legal Notice Served?

There are a number of ways a legal notice can be validly served, or given to the other party. The
plaintiff, the party seeking to sue someone, can have any adult, not a party to the case serve the
complaint. The preferred methods for personal service are either through a police officer or a
professional serving company. Aside from personal service, certified first-class mail is also a
valid option in some jurisdictions. All notices should be given at the defendants last known
address.
The notices must be given at the defendants personal residence to a person over the age of
sixteen. If the defendant already has an attorney though, the notice should be given to the
attorneys office. If no one is at home or at the attorneys office, the notice should be left in a
conspicuous location. Multiple service attempts should be made if it was unclear whether the
defendant received the notice.
What Information Should a Legal Notice Provide?
The legal notice must contain:

Name of the parties and the court resolving the dispute

Name and address of plaintiff and any attorneys the plaintiff has

Time the defendant should appear at court

Notice that failure to appear at the prearranged time will result in a default judgment
against the defendant (the plaintiff automatically wins)

The courts seal and a clerks signature

If the Respondent Already Knows About the Impending Lawsuit, Do I Still Have To Give Notice?
Yes. Procedural law is about following the proper procedures, even if the actual need for those
procedures were already fulfilled. Even if the respondent is aware that a lawsuit is pending,
proper notice must still be given so that the respondent cannot claim that he or she didnt know
about the lawsuit.

It is also possible that even though the respondent knows that a lawsuit is coming, the respondent
might not know the exact claims or the exact time and date that the hearings will begin. In order
to ensure fairness, such relevant information must also be given.
If I Cant Find the Respondent, Can I Still Continue the Lawsuit?
Yes. The respondent isnt required to actually know about the lawsuit. The plaintiff is only
required to make every reasonable effort to give legal notice to the respondent. Once every
reasonable option has been exhausted, the plaintiff may continue in the lawsuit regardless of
whether the respondent actually knows about the suit.
If the respondent fails to appear in court, the plaintiff automatically wins (default judgment).
Where Can You Find Legal Notices?
A simple answer is that you can find a legal notice at your attorneys office! Legal notices are
usually drafted by legal personnel. Attorneys and legal staff study a clients case and then draft a
legal notice accordingly. Such a notice is then usually showed to the client before being sent out
to the other party.
However, in this day in age with the Internet, certain websites educate people on how to draft
a particular type of legal notice.