Showing : 1-10 of 112 Results

ORISSA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 80(1)-- Notice u/s 80 CPC - Notice issued to Chief Secretary of State - Same is substantial compliance of S.80(1) CPC...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 80-- Notice - Suit against government - No notice as required u/s 80 CPC given before filing suit - Even no application filed to dispense with requirement of giving said notice - Suit dismissed...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 80-- Notice - Maintainability of suit without service of notice - Objection can be raised by only that party for whose benefit the provision is enacted - Other party to the suit cannot question the maintainability of suit on account of alleged non compliance of the provision as such non compliance can..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 80(2)-- Notice - Exemption - Suit can be instituted without service of notice with `leave of Court' - Order granting leave should reflect application of mind by the Court to the requirements of the provision...........
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...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 80-- Notice - Non-compliance of S.80 CPC - Return of plaint - No relief claimed against officials of State - They impleaded only because plaintiff seeking cancellation of registered sale deed - Insistence by trial Court as to compliance with S.80 CPC is superfluous and unnecessary - Order of return of..........
GUJARAT HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 80, Order 7, Rule 10-- Return of plaint - Suit against government - Suit for injunction - Leave granted to institute suit as there was urgency and threat of being dispossessed - However when time came for plaintiff to obtain necessary relief in the nature of injunction, application was not pressed - Court should return..........
GUJARAT HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 80, Order 7, Rule 10-- Return of plaint - Non-compliance of S.80 CPC - Court shall return the plaint if it is satisfied after hearing of parties that no urgent or immediate relief may be granted...........
GUJARAT HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 80, Order 7, Rule 10-- Return of plaint - Non-compliance of S.80 CPC - When leave is granted to institute a Suit and urgency is determined, Court only hears plaintiff - However, after grant of leave, whether urgent and immediate relief is to be granted or not, is a question which is decided after hearing both the sides..........
GAUHATI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 80, Order 23, Rule 1(3)-- Withdrawal of suit with liberty to file afresh suit - Suit against Government - Non service of notice u/s 80 CPC - Amounts to formal defect - Suit can be withdrawn with liberty to file fresh suit...........

Showing : 1-10 of 112 Results