80 cpc notice required or not???

This query is : Resolved 
 

(Querist)
15 August 2011

hello sir, happy independence day to u all..
i want to know is it necessary to give a 60 days notice to a water supply board (assam urban water supply sewage board) under 80CPC before filling a case against them??


R.Ramachandran (Expert)
15 August 2011

Yes, before filing a suit against the Board, it would be advisable for you to issue the 80 CPC, though it may not be strictly required.

ashok kumar singh (Expert)
15 August 2011

if you want to file any civil case against the board then the said notice require under the Law. and if you want to proceed against the board under the Writ jurisdiction before the Hon'ble High Court, the said notice is not require, only representation is require. in a case your fundamental rights violated by the board, file writ application before the Hon'ble High Court, in spite of filling any Civil Suit, since the writ filling is expeditious solution to you for getting relief under the Law of Country.

Dhingra: 1962dcg@gmail.com (Expert)
15 August 2011

If any Government authority is involved in any matter for legal action, a notice under 80 CPC is a must.

sagar binki (Expert)
15 August 2011

Though it may be govt.undertaking and could be State within Art.12,however,it is not State and so no notice is required in my opinion.

Ravikant Soni (Expert)
15 August 2011

Water supply board (assam urban water supply sewage board) is an act by state govt, therefore notice under section 80 CPC is must prior to filing of suit.

But In cases where claimant wants to obtain immediate and urgent relief, suit can be filed against the Government without issue of notice after obtaining the permission of the court. However, before accepting such suit, the Court will give an opportunity to the government to show cause as to why the suit should not be instituted without the issue of two months written notice. After giving an opportunity to the government to make its case in this regard, if the court is satisfied that the grant of immediate relief to the claimant is necessary, the court will accept the suit or else it shall ask the petitioner to serve two months notice before filing of the case.

Raj Kumar Makkad (Expert)
15 August 2011

Ravi Kant hs rightly replied.

M/s. Y-not legal services (Expert)
16 August 2011

Am agree with mr.asok kumar.



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