September 15, 2021

Public Notice

What is a Public Notice?

Public notices are an important part of the legal process, notifying citizens any ongoing or completed legal proceedings is often considered to be of high value. General public awareness about a legal proceeding is mostly achieved through putting out advertisements in the newspapers, radio or any public platform on the internet. While newspaper publications might cost a charge, electronic notices over the internet are a cheap alternative. Traditionally, these notices were sent out to the newspapers with the rationale of making the general public aware of the alteration in government or public bodies. However, today public notice in newspaper advertisements relating to legal proceedings are done in various cases which requires such notice. Moreover, it can also be done as a notification of a case which is scheduled to be heard on a specified date.

History of Public Notice

If we go back to history, it can be seen that the concept of these notices can be traced even prior to the existence of newspapers. Earlier, the case was to notify on public squares regarding any important legal proceedings, in order to make aware the public in general and to give notices to interested parties, in specific. Later, with the advent of the newspapers, the orders coming from the King’s Court were published and circulated amongst the public. This was a more refined approach to the earlier mode of announcing in public squares. However, from then till now the purpose has remained the same, i.e., to send an awareness notice to the general public so that they can make an informed decision.

Who can make a Public Notice?

A Public Notice advertisement in the newspaper, relating to any specific legal proceedings can be made by either the government or a business enterprise (company, partnership, LLP etc.) or even by individuals. Generally, individuals tend to send out public notices when they are dealing with some property and want to inquire about if there is an existing dispute over the property etc. The government, on the other hand, makes public notices to spread awareness about granting or revoking of any license or relating to law-making etc.

What should a Public Notices contain?

There is neither a specific format nor a list of must-haves for public notice. However, in order to prevent the notice from being challenged any further for lack of information and likewise, it is important that all necessary information shall be present in the said notice. It must be published in a widely circulated newspaper notice of vernacular language. Most of the parties, circulate it in two different languages (which might include the local language) in order to avoid any further dispute on the notice.  It must be archivable, accessible and verifiable. Moreover, it is always desired that in case it is a notice from the government’s end then it must be published by an independent third party.

The format of a Public Notice

Though there is no hard and fast rule to be sticking to any one format in order for a notice to be valid. Notices can be of any length, it might be a combination of length as well as pictures. There are three accepted formats of public notice- classified text, classified display and display. However, it is for reference and convenience that a standard format of a public notice is produced herein:

Public Notice for a claim against the sale of property

NOTICE

It is hereby given that _______ (Name of seller) _________ has agreed to sell us, the residential flat at __________ (address of property) _______free from all encumbrances. Any person having any right, title, interest, claim or demand of any nature whatsoever in respect of the said flat, is hereby required to make the same known in writing along with the documentary proof thereof, to the undersigned at ________(address of the undersigned/ notice giver)______within fourteen days from the date of publication hereof, failing which the negotiations shall be completed, without any reference to such claims and the claims if any, shall be deemed to have been given up or waived.

Sd/-

_____ (Name of the undersigned) ______

_____ (Complete of the undersigned) ______

_____ (Pin code of the above address) ______

Place:

Date:

Aishwarya Says:

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