section 28
To avoid delay in obtaining such copies the Law Officer shall apply and obtain such copies well in advance.
The Karnataka Conduct of Government Litigation Act, 2023General202383 sections12 chapters
Chapter IV CONDUCT OF CASES
Statutory text
Appeallable cases
- (1) On receipt of the certificate copy of the judgment and decree or order along with the opinion of the Law Officer, the Law Department shall consider and decide on taking the matter further in appeal, revision or review. Appeal or other appropriate proceeding shall invariably be filed in all cases where the judgment has the effect of affecting the title of the Government to any immovable property.
- (2) If it is decided to so agitate the matter in appeal, necessary orders authorizing filing of the appeal, review or revision shall be issued immediately and a copy of the order shall be sent to the concerned Law Officer and the Litigation Conducting Officer along with a note indicating the grounds available for appeal etc., and supporting case law. Copies of the communication shall also be sent to the Head of the Department and the Departmental Secretary.
- (3) The procedure indicated in this sub-section shall mutatis mutandis apply to preferring second appeals.
- (4) If the Officer of the Legal Cell concerned decides that the matter need not be pursued in appeal review or revision against the orders of the Karnataka Administrative Tribunal or Central Administrative Tribunal or against any decision of the High Court, the Legal Cell shall refer the matter to the Law Secretary for taking the final decision. All monies required by the Litigation Conducting Officer towards expenses for the purposes specified in these rules shall be incurred as provided in Article 240(b) of the Karnataka Financial Code.
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