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Suits by or Against Government

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mokshilohchab12
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135 views8 pages

Suits by or Against Government

Uploaded by

mokshilohchab12
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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SUITS BY OR AGAINST GOVERNMENT

Section 79
In a suit by or against the government, the authority to be
named as plaintiff or defendant, as the case may be, shall be:
a. In the case of a suit by or against Central Government,
the Union of India, and
b. In the case of a suit by or against a State Government, the
State.
NOTICE (SECTION 80)
In ordinary suits, notice need not be given to the defendant
by the plaintiff before filing of the suit. Such notice,
however, is a condition precedent before filing a suit against
the government or against a public servant, except where an
urgent or immediate relief is required to be obtained.
According to Sec. 80(1), no suit can be filed, until expiration
of two months next after notice in writing (stating the cause
of action, the name, description and place of residence of the
plaintiff and the relief which he claims) which has to be
delivered to, or left at the office of:
i. In the case of a suit against the Central Government, a
Secretary to the Government; in case of railways,
General Manager of that railway,
ii. In the case of a suit against the government of Jammu
and Kashmir, the Chief Secretary to that government or
any other authorized officer,
iii. In the case of a suit against any other State Government,
a Secretary to that government or the district collector,
iv. In the case of a public officer, such public officer.
OBJECT OF NOTICE
The object of notice is to give the government or the public
servant concerned an opportunity to reconsider its or his
legal position and to make amends if so advised by the legal
expert to be safe from litigation.
It is intended to alert the government to negotiate a just
settlement or at least have the courtesy to tell the aggrieved
person why the claim is being resisted.
The object of Section 80 is the advancement of justice
(Bihari Chowdhary v. State of Bihar AIR 1984 SC 1043).
ESSENTIAL REQUIREMENTS

A notice under Sec. 80 should contain:


i. Name, description and place of residence of the plaintiff,
ii. A statement of the cause of action, and
iii. A statement of the relief claimed by him.
The notice should have been delivered to or left at the office of
the appropriate authority; and the plaint (when the suit is
instituted after the expiration of 2 months of serving of notice)
contains a statement that such a notice has been so delivered or
left.
Failure to comply with these requirements will entail dismissal
of the suit.
Section 80(2) provides that a suit may be instituted with the
leave of the court for obtaining an “urgent or immediate
relief” against the government/public officer, without serving
a statutory notice.
But in such a case, the court shall not grant relief in the
suit, except after giving notice to the government/public
officer a reasonable opportunity of showing cause in
respect of the relief prayed for in the suit.
However, the courts have always deprecated such practice of
granting urgent relief without issuing notice to the
government (Ghanshyam Dass v. Dominion of India AIR
1984 SC 1004).
Section 80 is express and explicit and admits of no
exceptions, and it imposes statutory and unqualified
obligation on the court to see that its terms are strictly
complied with. That does not, however, mean that the notice
must be construed in a pedantic manner or in a manner
divorced from common sense.
It must be reasonably construed. Every venial error or
defect cannot be permitted to be treated as an excuse to
defeat a just claim.
If on a reasonable reading, but not so as to make undue
assumptions, the plaintiff is shown to have given the
information which the statute requires him to give, any
incidental defects or errors may be ignored [Section 80(3)].
THANK YOU

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