Limitation Act, 1963, Section 15(2), Civil Procedure Code, 1908, Section 80 -- Notice u/s 80 CPC - Period of notice is to be excluded in computing the period of limitation...........
Transfer of Property Act, 1882, Section 106, Civil Procedure Code, 1908, Section 80 -- Composite notice u/s 106 TPA and S.80 CPC can be validly issued for maintaining a civil suit...........
Civil Procedure Code, 1908, Section 80 -- Notice thereunder-Provision is mandatory but State may waive its right in certain circumstances...........
Civil Procedure Code, 1908, Section 80, 115 -- Court giving opportunity to plaintiff to take effective steps for impleading State as defendant-Plaintiff after that order served notice under Section 80 CPC to State in compliance of that order - Held, as substantial justice is done by Court below by passing impugned order, interference in revision not warranted...........
Civil Procedure Code, 1908, Section 80(2) -- Application under sub section (2) for dispensing with service of notice as required under sub section (1) - Incumbent on trial Court to pass a specific order on application taking into account nature of case and also on reaching a conclusion whether or not immediate relief required to be afforded to plaintiff - Return of plaint..........
Civil Procedure Code, 1908, Section 115, 80 -- Trial Court without passing any order allowing or disallowing application under sub section (2) of Section 80, granted temporary injunctio, Shows that Court did : appreciate urgency of matter - Objection in written statement that suit not maintainable because of no, service of notice under sub section (1) of Section 80 prior..........
Civil Procedure Code, 1908, Section 80 -- Want of notice - A technical defect - Provisions of Section 80 express, explicit and mandatory and admit of no implications or exceptions...........
Civil Procedure Code, 1908, Section 80 -- Prior notice before suit not only against government but also public officer acting in official capacity - `ACT' extends to illegal omission and no distinction can be made between acts done illegally and in bad faith and acts done bonafide in official capacity...........
Civil Procedure Code, 1908, Section 80 -- Suit for recovery of unpaid price and damages by way of interest - Damages by way of interest not be disallowed as not mentioned in notice u/s 80 CPC as to quantum of damages or specific rate of interest...........
Civil Procedure Code, 1908, Section 80, Order 39, Rule 1 -- Notice not given u/s 80 CPC - Suit not maintainable and interim injunction cannot be granted...........
