A competent jurisdictional authority has issued a show cause notice to Abdul Rehman. He has sought your advice for replaying the same. What are the points that he must consider while replying to the show cause notice ?
CS Professional · Drafting, Pleadings and Appearances · PYQS · June 2024
A competent jurisdictional authority has issued a show cause notice to Abdul Rehman. He has sought your advice for replaying the same. What are the points that he must consider while replying to the show cause notice ?
Answer & Explanation:
Where a Court sends a Show Cause Notice, the person to whom such notice is given must give it the highest priority. The show cause notice must not be taken lightly and its seriousness should be understood. The reason being that by sending a reply to the show cause notice, he/she can avoid criminal charges put on him and also the liabilities which arise from them. Accordingly, Abdul Rehamn must consider the following points while writing the reply to the show cause notice: A proper explanation has to be provided at the earliest. It should be kept as brief as possible. It must be written in such a manner that the Court is satisfied with the fact that he/she is aware of the gravity of the situation. It must give a reasonable excuse. Any individual must draft his/her reply in such a way that if any layman would read it he should find the same as reasonable. Moreover, always sound humble in your reply and also sound sorry for the same. Lastly, be always very careful to file the reply within the specified time limit mentioned in the notice. In case of Meenakshi v. State of Haryana, Considering the chain of facts and highlighting the reply filed by the petitioner to the notice under Section 340, the Court clarified that there was nothing illegal in it and did not amount to miscarriage of justice at all, for the opportunity of being heard was given to the petitioner as she was allowed to file reply to the show-cause notice. It is the non-acceptance of the forgiveness sought that has led to the filing of the complaint in the Court. Inderjit Singh, J accordingly held that there is no merit in the case and accordingly, dismissed the petition.
Topics: Pleadings and Appearances
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