कलम 80 सीपीसीची सरकारला नोटीस

कलम 80 सीपीसीची सरकारला नोटीस: ते काय आहे

A Section 80 notice is the written notice the Code of Civil Procedure, 1908 requires before you file a suit against the Central Government, a State Government, or a public officer for something done in their official capacity. It tells them who you are, what went wrong and what relief you will claim, and you then wait two months before filing. A suit filed without it, or too early, can fail on that ground alone.

जेव्हा तुम्हाला या दस्तऐवजाची गरज भासेल

• You intend to sue a Government department for money owed, compensation, a declaration or an injunction.
• You intend to sue a public officer for an act done in their official capacity.
• A Government body has withheld a refund, a payment or a benefit you are entitled to, and you plan a civil suit rather than a writ petition.

त्यात काय समाविष्ट आहे

• The authority or officer it is addressed to, as Section 80 requires.
• Your name, description and place of residence.
• The cause of action: what was done or not done, by whom and when.
• The relief you will claim in the suit.
• A clear statement that you will sue after two months from delivery.
• The signature, and notes on delivery and the waiting period.

ती कशी भरायची, स्वाक्षरी करायची आणि ती कशी वापरायची

1. 1Identify the right addressee: a Secretary to the Government concerned, the General Manager for a railway, the Collector for a State Government, or the public officer.
2. 2Write down the cause of action in date order and the exact relief you want.
3. 3Fill in the form on this page and check that your name, description and residence are complete.
4. 4Have an advocate review the notice, because a mistake in the addressee or the relief can cause trouble later.
5. 5Deliver it by Registered Post with Acknowledgment Due, or by hand against a receiving stamp, and keep the proof of delivery.
6. 6Count two months from the date of delivery before the suit is filed.

संलग्न करण्यासाठी किंवा सोबत ठेवण्यासाठीची कागदपत्रे

• Copies of the orders, letters or documents the grievance is about, if you choose to enclose them
• Acknowledgment card or stamped office copy (kept with your copy)

त्यामागचा कायदा

Section 80(1) of the Code of Civil Procedure, 1908 bars a suit against the Government or a public officer, for an act done in official capacity, until two months after a written notice stating the name, description and residence of the plaintiff, the cause of action and the relief has been delivered to the authority the section names. Section 80(2) allows an urgent suit without notice, with the court's leave, and Section 80(3) saves a notice with formal errors if it identifies the plaintiff, reached the right office and states the cause of action and relief sufficiently. Section 15(2) of the Limitation Act, 1963 excludes the notice period from limitation. Section 80 applies to suits, not to writ petitions.

टाळता येण्यासारख्या सामान्य चुका

• Addressing the notice to the wrong officer, for example a junior officer instead of a Secretary or the Collector.
• Leaving out the relief, or describing it so vaguely that the Government cannot act on it.
• Filing the suit before two months have passed from delivery.
• Keeping no proof of the date of delivery.

कलम 80 सीपीसीची सरकारला नोटीस वारंवार विचारले जाणारे प्रश्न