Claim against railway
Dr.Gaurang N. Gandhi
(Querist) 19 April 2012
This query is : Resolved
is it necessary to issue notice U/s.80 of CPC against railway for claim?
Can we file suit in railway tribunal without issuing notice U/s.80 of CPC?
Guest
(Expert) 19 April 2012
Notice u/s 80 CPC is a must for any claim against any organisation of the Government.
Shonee Kapoor
(Expert) 19 April 2012
Agreed with Ld Dhingra.,
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Nadeem Qureshi
(Expert) 19 April 2012
Dear Querist
Notice u/s 80 CPC is mandatory
80. Notice.
1[(1)] 2[Save as otherwise provided in sub-section (2), no suits 3[shall be instituted] against the Government (including the Government of the State of Jammu & Kashmir)] or against a public officer in respect of any act purporting to be done by such officer in his official capacity, until the expiration of two months next after notice in writing has been 4[delivered to, or left at the office of]-
(a) in the case of a suit against the Central Government, 5[except where it relates to a railway], a Secretary to that Government;
6[7[(b)] in the case of a suit against the Central Government where it relates to railway, the General Manager of that railway];
8[(bb) in the case of a suit against the Government of the State of Jammu and Kashmir the Chief Secretary to that Government or any other officer authorised by that Government in this behalf;]
(c) in the case of a suit against 9[any other State Government], a Secretary to that Government or the Collector of the district; 10[***]
11[***]
and, in the case of a public officer, delivered to him or left at this office, stating the cause of action, the name, description and place of residence of the plaintiff and the relief which he claims; and the plaint shall contain a statement that such notice has been so delivered or left.
12[(2) A suit to obtain an urgent or immediate relief against the Government (including the Government of the State of Jammu & Kashmir) or any public officer in respect of any act purporting to be done by such public officer in his official capacity, may be instituted, with the leave of the Court, without serving any notice as required by sub-section (1); but the Court shall not grant relief in the suit, whether interim or otherwise, except after giving to the Government or public officer, as the case may be, a reasonable opportunity of showing cause in respect of the relief prayed for in the suit:
Provided that the Court shall, if it is satisfied, after hearing the parties, that no urgent or immediate relief need be granted in the suit, return the plaint for presentation to it after complying with the requirements of sub-section (1).
(3) No suit instituted against the Government or against a public officer in respect of any act purporting to be done by such public officer in his official capacity shall be dismissed merely by reason of any error or defect in the notice referred to in sub-section (1), if in such notice-
(a) the name, description and the residence of the plaintiff had been so given as to enable the appropriate authority or the public officer to identify the person serving the notice and such notice had been delivered or left at the office of the appropriate authority specified in sub-section (1), and
(b) the cause of action and the relief claimed by the plaintiff had been substantially indicated.]
STATE AMENDMENTS
Madhya Pradesh -(i) After sub-section (3) of Section 80 the following inserted:
"(4) where in a suit or proceeding referred to in Rule 3B of Order 1, the state is joined as a defendant or non applicant or where the Court orders joinder of the State as defendant or non applicant in exercise of powers under Rule 10(2) of Order 1 such suit or proceeding shall not be dismissed by reasons of Omission of the plaintiff or applicant to issue notice under sub-section (1)".
(ii) In sub-section (1) of section 80 for the words "sub-section (2)" substitute "sub-section (2) or (4)". [M.P. Act No. 29 of 1984].
GM of Railway will be address in this Notice.
feel free to call
R.K Nanda
(Expert) 19 April 2012
Yes,legal notice u/s 80 of CPC is necessary.
Adv.R.P.Chugh
(Expert) 19 April 2012
Though it is mandatory to give the notice first, in cases of urgent/immediate relief suit can be filed, though for interim relief, the court would first ask the railway counsel to show cause.
Deepak Nair
(Expert) 19 April 2012
But, for claims with respect to accidents in railways, the notice is not mandatory.
You can file a claim application to the railway claims tribunal.
Please refer to the railway claims tribunal act 1987.
Raj Kumar Makkad
(Expert) 19 April 2012
It is not mandatory to serve a legal notice under section 80 of CPC prior to filing claim petition before Railway Claim Tribunal Act.
valentine thakkar
(Expert) 20 April 2012
In case of rly accident, like any other MACP, FIR, Panchnama. inquest report etc. are prepared which may serve as sufficient notice. I have four accident compensation claims against RCT, Ahmedabad Bench, pending which were directly admitted as compensation applications. No notice given.
