Civil Procedure Code, 1908, Section 80, Order 7, Rule 11 -- Rejection of plaint - Non-compliance of provision of S.80 CPC - No relief is claimed against public officers - Rather, public officers are arrayed as proforma defendants - Notice u/s 80 CPC is thus, not required - Application for rejection of plaint rightly rejected...........
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...........
Civil Procedure Code, 1908, Section 80(2) -- Suit against Government - Without issuing show cause notice - No interim order without issuing show cause notice be passed by Court against Government or its officers when notice required u/s 80(1) CPC is dispensed with exercising power u/s 80(2) CPC - Hence, order passed in violation of S.80(2) CPC itself is an illegality...........
Civil Procedure Code, 1908, Section 80 -- Bihar State Electricity Board - Notice - Held, neither Bihar State Electricity Board would be `Government' nor would its officers would be considered as `Public Officers' for purpose of S.80 CPC - Service of notice upon defendants was not required - Therefore, even if no notice has been served u/s 80 CPC in this case that would not..........
Civil Procedure Code, 1908, Section 80 -- Notice - Suit against Govt. and private defendant - A notice under Section 80 of the Code, only 15 days time was given and not 60 days as required under law - However, suit filed after 60 days - Held, error of 15 days instead of 60 days should have been ignored in view of S.80 (3) of Code especially when in notice plaintiff has..........
Civil Procedure Code, 1908, Section 80, Order 7, Rule 11(d) -- Suit against State without serving notice u/s 80 CPC - In absence of prayer seeking leave to institute suit without serving notice Court is not required to return plaint under S.80(2) Proviso - Plaint rejected U.O.7.R.11(d) CPC - Order upheld...........
Civil Procedure Code, 1908, Section 80 -- Notice - Service of - Exemption - Suit filed against Govt. - Application u/s 80(2) for grant of leave to file suit without service of prior notice - Application rejected - Revision - Maintainable - Superior Courts can grant such leave as otherwise in an emergent situation a litigant may be left without remedy once such leave is..........
Transfer of Property Act, 1882, Section 106, Civil Procedure Code, 1908, Section 80 -- Composite notice u/s 106 TPA and u/s 80 CPC is valid and separate notices under the two provisions is not required...........
Civil Procedure Code, 1908, Section 80(2) -- Notice - Exemption - Separate application and an express order is not required - Leave can be implied - Plaintiff made express prayer for leave to present plaint u/s 80(2) and Court directed registration of suit and proceeded with suit - Held, trial Court had granted leave u/s 80(2) CPC...........
Civil Procedure Code, 1908, Section 80 -- Suit against State Govt. Undertak-ing - Notice u/s 80 CPC is not required...........
