Civil Procedure Code, 1908, Section 80 -- Notice - Plea of want of notice - Plea is available only to Government and officers mentioned in S.80 CPC - It is not open to a private individual to challenge the proceedings by taking the plea of want of notice u/s 80 CPC...........
Civil Procedure Code, 1908, Section 80, Limitation Act, 1963, Section 15(2) -- Limitation - Exclusion of 2 months period from the date of notice u/s 80 CPC - Where notice u/s 80 CPC is issued after suit became time barred, limitation period would not be extended for further two months as this provision would be irrelevant...........
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...........
Civil Procedure Code, 1908, Section 80 -- Notice - Leave of Court to institute suit without serving notice u/s 80(1) CPC - Merely filing of an application is not sufficient - Leave is not presumed to be granted unless Court is satisfied with regard to the urgency or requirement of immediate relief in the suit and till a final order is passed granting the said application...........
Civil Procedure Code, 1908, Section 80 -- Notice - Validity - Suit on the basis of lease deed - However, there was no mention of lease deed in the notice - Notice is not a valid notice - Filing of lease deed in the suit does not cure the defect in notice...........
Civil Procedure Code, 1908, Section 80, Transfer of Property Act, 1882, Section 106 -- Compose notice u/s 106 TPA & S.80 CPC - Composite notice does not nullify the effect of the notice u/s 80 CPC - Notice terminating tenancy u/s 106 TPA does not simplicitor entitle plaintiff to bring the suit in violation of the provision of S.80 CPC against the State...........
Civil Procedure Code, 1908, Section 80 -- Notice - Service of notice u/s 80 CPC after institution of suit - Basic defect is not cured - Dismissal of suit - No interference...........
Civil Procedure Code, 1908, Section 80 -- Notice u/s 80 CPC - Govt. did not allege that said notice was defective - No issue was framed on the question of lack of notice or that notice is defective - Suit could not have been dismissed on the ground of want of notice u/s 80 CPC...........
Civil Procedure Code, 1908, Section 34, Negotiable Instruments Act, 1881, Section 79, 80 -..........
Civil Procedure Code, 1908, Section 80, Jammu and Kashmir Development Act, 1970, Section 48, 80 -..........
