Showing : 1-10 of 23 Results

TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 80-- Notice - Notice u/s 80 CPC is condition precedent when suit instituted seeks relief against Government or against public officer in respect of any act purported to be done by him in his official capacity...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 80-- Notice - Municipality - No notice is necessary when suit is filed against a municipality as municipal council is not a public officer...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 23, Rule 1(3)-- Withdrawal of suit - With liberty to file a fresh suit on same cause of action - Non-compliance of mandatory provision of S.80 CPC by plaintiff - Omission to issue notice u/s 80 CPC is a serious infirmity and not a formal defect as it is pre-requisite for filing suit against Government or a Public..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 92-- Public trust - Revocation of leave granted to institute suit - Application for revocation of leave should be decided on merits - Revocation application cannot be dismissed summarily by holding that it was not mandatory to issue notice to the petitioners for grant of leave...........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Suit challenging notice to remove encroachment allegedly made on public way - Third party are adjoining land owners and as a result of unauthorised construction raised by plaintiff, their right to access is affected - Applicants have existing cause of action against..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 27, Rule 5-A-- Coal Mines Public Provident Fund Commissioner - In an earlier suit, held, to be a public servant - Suit withdrawn as notice required u/s 80 CPC was not issued - Fresh suit filed upon due notice - Union of India not impleaded as a party - Held, the question settled in the suit filed earlier that..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 80-- Notice - Public Limited company an instrumentality of State under Article 12 of the Constitution of India - Officers of the Company not directly in the service or pay of the Government or remunerated by fees or commission for the performance of thier duties - Held, notice as contemplated u/s 80..........
DELHI HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 1, Rule 8(2)-- Suit in a representative capacity - Consequence of a defective notice, the non issuance of the notice vitiates the entire proceedings conducted in the case after grant of permission to sue in a representative capacity without ordering issuance of a public notice of the suit...........
DELHI HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 80-- Notice - It is mandatory to issue prior notice to file a suit against any holder of a public office in his official capacity...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Section 80-- Notice - To be served upon Govt. and Public Officer who passed an order in exercise of his official capacity but not against a party against whom only consequential relief is sought...........

Showing : 1-10 of 23 Results