Civil Procedure Code, 1908, Section 80(2) -- Leave to institute suit without serving notice - Application filed alongwith plaint - No formal order passed by Court on application - Suit proceeded with - It can be implied that Court had granted leave - Leave need not be by formal order - It can be implied by action of Court...........
Civil Procedure Code, 1908, Section 99, 80 -- Leave to institute suit without serving notice - Application filed alongwith plaint - No formal order passed by Court - Suit proceeded with - Suit decreed - Appellate Court is barred from reversing decree merely because formal order of Court granting leave to dispense with notice is wanting...........
Civil Procedure Code, 1908, Section 80, 11 -- Suit against Govt. without issuing notice u/s.80 - Suit held not maintainable for want of notice but other issues decided on merit - Court having no jurisdiction to proceed with the suit was bound to reject the plaint - Subsequent suit between same parties seeking similar relief not barred by principle of res judicata...........
Civil Procedure Code, 1908, Section 80 -- Notice not signed either by party or by Advocate - Error is technical in nature - Held, it is a valid notice...........
Civil Procedure Code, 1908, Section 80, Order 27, Rule 5-A -- Suit for damages or other relief against a public officer - Govt. is to be joined as a party to the suit - Notice is to be served under Section 80 CPC - Notice served on officers of the government and not on State Govt. - Exclusion of notice period cannot be claimed - Waiver or silence or acquiescence does not..........
Civil Procedure Code, 1908, Section 80 -- Leave of Court to file suit without serving notice - Need not to be by a formal order - Granting of leave can be implied and can be gathered from what the court does...........
Civil Procedure Code, 1908, Section 80 -- Suit against State Govt. Undertak-ing - Notice u/s 80 CPC is not required...........
Civil Procedure Code, 1908, Section 80, Order 7, Rule 11 -- Plaint returned to be filed afresh serving notice under Section 80 CPC - Amounts to rejection of plaint - An appeal lies against such an order...........
Civil Procedure Code, 1908, Section 80 -- Notice - Waiver - Suit for temple trusteeship under S.70 T.N. Act, 1959 - Filing of suit without notice u/s 80 CPC - Suit is maintainable...........
Civil Procedure Code, 1908, Section 80, Order 7, Rule 9 -- Suit against government instituted before expiry of two months notice period - Suit dismissed - Amounts to plaint thrown away as not validly instituted without determining the rights of the parties...........
