Notice u/s 80 CPC
Sultan
(Querist) 11 January 2014
This query is : Resolved
1.There has been negligence on part of Tehsildar of a taluka(Maharashtra) in performing his duty.
2. Moving in Highcourt against him
3. AFAIK notice u/s 80 is to be served to Collector of District in this case.
4.what are mandatory requisite of such notice.
5. Can I claim damages in this notice for violation of fundamental rights.
6. Can I file suit directly without serving notice & waiting for 2 months.
7. Other suggestions are welcome.
Thank you
Advocate. Arunagiri
(Expert) 11 January 2014
If you are going to file a Writ Petition in the High Court, there is no need to serve notice u/s 80 c.p.c.
Dr J C Vashista
(Expert) 12 January 2014
Yes you can file a writ directly without serving notice & waiting for 2 months with a separate application for waiver of non-serving of notice u/s 80 CPC.
Adv.Aiyer VLV
(Expert) 12 January 2014
Writ is to make.him Done duty~
Negligence By authorities must be such that to touch cinscience and result in loss ~
Loss can't be claimed in notice but authority can be put on notice dept liable
For suit notice a must~
R.K Nanda
(Expert) 12 January 2014
u have to give 2 months notice before filing suit.
T. Kalaiselvan, Advocate
(Expert) 14 January 2014
A notice u/s 80 CPC is must before filing a suit against government official.
ajay sethi
(Expert) 14 January 2014
agree with experts