Vidhi Codex

Bare Act

The Karnataka Conduct of Government Litigation Act, 2023

General202383 sections12 chapters

This Act governs how the Karnataka government handles court cases. It applies to the state government and its officers when they sue or defend against others in courts or tribunals. The law requires government permission before filing new cases and demands detailed reports on facts, evidence, and the financial status of the people being sued. This is important because it aims to stop unnecessary lawsuits, save taxpayer money, and ensure that the government only fights cases where it has a strong legal basis and a realistic chance of winning.

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Chapter I PRELIMINARY →

  1. 1Short title, commencement and application
  2. 2Exemptions
  3. 3Definitions

Chapter II CASES FILED BY THE GOVERNMENT →

  1. 4Government permission required for institution of cases
  2. 5Procedure for institution
  3. 6Sanction of Prosecution
  4. 7Preparation of plaint
  5. 8Procedure after presentation
  6. 9Expenses of obtaining certified copies wherever necessary shall be incurred and paid out of the contingency fund as provided in Article 240(b) of the Karnataka Financial Code.
  7. 10Procedure in urgent cases
  8. 11Procedure in case of notice under section 80 of the Civil Procedure Code, 1908
  9. 12Examination of claim
  10. 13The main lines of defense that are available to Government and the citations in support thereof shall be recorded succinctly on the file.

Chapter III CASES FILED AGAINST THE GOVERNMENT →

  1. 14Summons and appearance
  2. 15Preparing Defense Statement
  3. 16Sanctioning defense
  4. 17The order shall also specify the officer who shall be the Litigation Conducting Officer for the case and the officer who is authorised to sign and verify the pleadings.
  5. 18Duties and Responsibilities of the Law Officer
  6. 19Powers and Functions of the Law Secretary
  7. 20Duties of the Litigation Conducting Officer

Chapter IV CONDUCT OF CASES →

  1. 21Framing of Issues
  2. 22He shall send a true copy of the issues so framed or amended, as the case may be to the Law Secretary.
  3. 23As soon as a new Litigation Conducting Officer takes over, his name and address shall be intimated to the Law Officer and the Law Secretary.
  4. 24Witnesses
  5. 25The Officer in question and his official superior shall comply with such request.
  6. 26Safeguarding Government interest
  7. 27Certified copies
  8. 28To avoid delay in obtaining such copies the Law Officer shall apply and obtain such copies well in advance.

Chapter V APPEAL REVIEW AND REVISION →

  1. 29Appeal by the Government
  2. 30Appeals against the Government
  3. 31If there is no sufficient time to take the approval of the Law Secretary he may file the cross objection and take ratification.

Chapter VI WRIT PETITIONS FILED AGAINST THE GOVERNMENT →

  1. 32Writ Petitions filed against the Government
  2. 33Taking notice upon direction
  3. 34Procedure after notice
  4. 35Draft Counter Statement
  5. 36Approval of Draft
  6. 37Conduct of cases
  7. 38Writ Appeals

Chapter VII SUPREME COURT LITIGATION →

  1. 39Cases filed by the State Government
  2. 40Issue of Authorisation
  3. 41Other requirements about the Order
  4. 42Duty of Law Officer
  5. 43Advocate General to coordinate
  6. 44Copies of the petition and other pleadings shall also be sent to the Law Secretary and the Departmental Secretary, for reference.
  7. 45A copy of the pleadings prepared by the Law Officer shall also be sent for reference immediately to the Law Secretary and the Departmental Secretary.
  8. 46Duties of the Advocate on Record

Chapter VIII LAND ACQUISITION CASES →

  1. 47Authorisation to conduct cases
  2. 48Documents to be made available
  3. 49Conducting Evidence
  4. 50Certain obligations of the concerned Deputy Commissioner and any officer specially designated by the Government
  5. 51Forged and make believe documents
  6. 52Enhancement of compensation
  7. 53Appeal against Award of Authority
  8. 54Deposit of amount

Chapter IX Chapter IX →

  1. 55Procedure in Accident Claims

Chapter X EXECUTION CASES →

  1. 56Decrees in favour of Government
  2. 57The Law Department shall take appropriate steps as it may consider.
  3. 58Attachment of Property
  4. 59Such officer shall also be instructed to be present in Court to assist the Law Officer when the case comes up for enquiry or trial.
  5. 60The Head of the Legal Cell shall also be informed about it.
  6. 61Decrees against the Government
  7. 62Procedure upon notice
  8. 63Procedure where no appeal is filed

Chapter XI CRIMINAL CASES →

  1. 64Duties of the Prosecutors
  2. 65Procedure after Judgment
  3. 66Case law, if any, in support of the decision shall also be indicated.
  4. 67The concerned Secretary to Government, Home Department shall watch the progress of the case and give such periodical instructions as he considers necessary to the Law Officer.
  5. 68Appeals against the Government
  6. 69A copy of the order shall be sent to the Law Officer along with the note about the points to be urged in defence.
  7. 70Non- appealable cases
  8. 71Specific Duties of Prosecuting Officers

Chapter XII Chapter XII →

  1. 72Maintenance of Registers and Furnishing of Quarterly Reports
  2. 73Duties of the Deputy Commissioners
  3. 74Duties of the Heads of Department
  4. 75Power to issue directions
  5. 76Nodal Officer
  6. 77State Level Committee
  7. 78The qualification of the Chairman, Members, the number of members, their term of office, the remuneration, the powers and functions, the procedure to be followed shall be such as may be prescribed.
  8. 79The qualification of the Chairman, Members, the number of members, their term of office, the remuneration, the powers and functions, the procedure to be followed shall be such as may be prescribed.
  9. 80The State Level Committee and District Level Committee may take assistance of experts.
  10. 81Duties and Responsibilities of AG/AAG/HGA/AGA/ Government Advocate
  11. 82Power to make rules
  12. 83Savings

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