Vidhi Codex

section 11

Procedure in case of notice under section 80 of the Civil Procedure Code, 1908

The Karnataka Conduct of Government Litigation Act, 2023
General202383 sections12 chapters
Read full ActSections

Chapter II CASES FILED BY THE GOVERNMENT

Statutory text
  1. (1) On the receipt of a notice under section 80 of the Code of Civil Procedure, 1908, the officer receiving the notice shall as soon as may be after such receipt; seek para wise remarks from the officers concerned and forward it to the Departmental Secretary. The Departmental Secretary shall examine the claim made in the notice and the para-wise remarks there-against and take a final decision including the possibility of recording a settlement out of Court, within fifteen days from the date of the receipt of the notice.
  2. (2) The Departmental Secretary shall, while examining a case, have due regard to the following aspects, namely.-
    • (i) in regard to a claim which has already been examined and rejected, consider whether any new point which has not been examined earlier has been raised. Such a new point, if any, shall be thoroughly examined and it shall be considered whether the earlier decision requires to be revised. If the Law Department had not been consulted earlier or if new points have been raised, the advice of the Law Department shall be obtained before taking a final decision; and
    • (ii) in regard to a claim which is still under consideration or which has not been examined examine the same and take a decision as early as possible in consultation with the Law Department.
  3. (3) While making a reference to the Law Department the Departmental Secretary shall prepare and forward a self-contained note giving the history of the claim and the para-wise comments on the various allegations made in the notice.
  4. (4) If the claim is genuine and requires to be admitted, the Departmental Secretary shall take immediate action to settle the claim forthwith. If the claim can be admitted in part only, no response shall be sent without consulting the Law Department.
  5. (5) In case of claims arising out of an agreement or contract, where there is a provision in the agreement for referring the matter to arbitration or otherwise where there is provision in law to seek remedy by way of appeal, review or revision alternatively, the party may be advised in the reply to the Notice, to avail the alternative remedies if he so chooses.

Study data processing for this section.

PDF: pending for this language.