Civil Procedure Code, 1908, Section 34, Negotiable Instruments Act, 1881, Section 80 -- Interest - Dishonoured negotiable instrument - Court awarded interest @ 8% p.a - Provision of S.80 of N.I. Act is attracted to the said document, by which interest when not specified in the instrument, can be granted at the rate of eighteen per centum per annum - Contention of appellant..........
Civil Procedure Code, 1908, Section 80 -- Notice u/s 80 CPC - Waiver of notice - No separate application or any express order of waiver is necessary for granting waiver of notice u/s 80 CPC - Such waiver or leave can be presumed and can be implied and gathered by the orders passed by Court...........
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...........
