Ritesh Ranjan 08 August 2021
Bracsm 10 08 August 2021
Anaita Vas 17 January 2022
Section 80 of the Civil Procedure Code (CPC) says that before institution of a suit against the government or against any public officer, in respect of any act purporting to be done by such public officer in his official capacity, until the expiration of two months next after the notice in writing has been delivered.
Section 80 contains a rule of procedure and makes it mandatory to serve a notice before institution of a suit against the Government or against a public officer.
Thus, this section describes two types of cases:
Since the order of the Supreme Court was violated, you can file for contempt of court under section 2 of the Contempt of Courts Act since this will be a civil contempt.
Once again, since the contempt was against the Supreme Court, you can file a contempt case in the Supreme Court itself.
No court shall initiate any proceedings of contempt, either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed.