AI Overview...
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Private Party Objection to Section 80 CPC - Cannot Raise: The law explicitly states that only the State or a Public Officer can raise objections under Section 80 of the CPC before filing a suit. Private individuals lack the standing to challenge the notice requirement, which is primarily for the benefit of the Government. Multiple judgments confirm that private parties cannot object to the non-issuance of notice under Section 80 CPC Hukumchand VS Shivcharan - Rajasthan, REKHA VS VEERMATI - Allahabad, PONNUSWAMY VS NAMBEESAN - Kerala, Raj Kumari VS Board of Revenue - Allahabad, Gram Panchayat Bhadwa Pargana & Distt. Jalaun VS State of U. P. - Allahabad.
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Role of Government and Waiver: When the State is made a party, it may raise objections regarding notice, but private parties cannot do so. Waiver of the notice requirement by the Government is possible if the Government itself fails to raise the objection at the appropriate stage Salig Ram VS Shiv Shankar - Punjab and Haryana, PONNUSWAMY VS NAMBEESAN - Kerala.
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Private Parties and Maintainability of Suit: The benefit of Section 80 CPC is limited to the Government and its officers. Private individuals cannot use this section to challenge the maintainability of a suit or to raise objections regarding notice PONNUSWAMY VS NAMBEESAN - Kerala.
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Summary: The consensus across case law emphasizes that Section 80 CPC objections are exclusively for the State or Public Officers. Private parties do not have the locus standi to raise objections under this section, and such objections cannot be invoked by them to challenge the maintainability or validity of a suit Hukumchand VS Shivcharan - Rajasthan, REKHA VS VEERMATI - Allahabad, PONNUSWAMY VS NAMBEESAN - Kerala, Raj Kumari VS Board of Revenue - Allahabad, Gram Panchayat Bhadwa Pargana & Distt. Jalaun VS State of U. P. - Allahabad.
Search Results for "Objection of 80 Cpc Cannot Raise by Private Party"
2007 0 Supreme(Raj) 742 • India - Rajasthan
N.K.JAIN
before filing of suit — Held — Private party cannot raise objection u/Sec. 80 C.P.C. — It is only State or Public Officer can raise ... objection and no other party can be allowed to raise it. ... (Para 7) ... (b) C.P.C., Sec. 80 — Not giving notice to the State Government ... such objection and no other party can be allowed t....
2012 0 Supreme(All) 1005 • India - Allahabad
SUDHIR AGARWAL
Code of Civil Procedure, 1908—Section 80—Objection—Want of notice—Challenging by a private individual—Held, objection with respect ... to want of notice under Section 80 C.P.C. could not be taken by a private individual since it was for benefit of Government and ... Besides that election petition is not defective for non-compliance of Section 80 C.P.C., this Court is also of the view that such objection#H....
1971 0 Supreme(P&H) 35 • India - Punjab and Haryana
GOPAL SINGH, D.K.MAHAJAN
LAW OR FACT - INTERPRETATION OF SECTION 80 OF THE CODE OF CIVIL PROCEDURE. ... The State Government was impleaded as a party on the orders of the High Court. ... Whether there was a waiver of the notice under Section 80 of the CPC by the State Government? 2. ... In that case objection was taken to the validity of notice but no issue was claimed by the State, and at the instance of a private party an issue was struck, and it was held by the Division B....
2003 0 Supreme(Bom) 261 • India - Bombay
F.I.REBELLO
... Code of Civil Procedure, 1908 - Section 80 - If an objection to ... ... (e) The public authorities, however, cannot be estopped if at the threshold they have not raised objection of non-service of notice to raise such an objection at a later stage atleast till the filing of written statement. ... In that judgment it was also observed that a waiver is an intentional relinquishment of a known right, but obviously an objection to jurisdiction #HL_S....
2024 0 Supreme(AP) 423 • India - Andhra Pradesh
T. MALLIKARJUNA RAO
Negligence - Damages - CPC Section 100, 80, Order I Rule 10 - The court discussed the applicability of CPC ... this objection, and the plaintiffs were entitled to compensation due to the defendants' negligence. ... Issues: Whether the suit was maintainable without the State as a party and if the plaintiffs could implead ... Concerning the substantial question of law, suffice it to say that Defendants had raised no such objection in the written statement and is thus precluded from rais....
1984 0 Supreme(All) 605 • India - Allahabad
B.L.YADAV
The State Government was made a party and filed a written statement raising the objection of want of notice under Section 80 CPC. ... UP ZA and LR ACT - SECTION 209 - NOTICE UNDER SECTION 80 CPC - WAIVER BY STATE GOVERNMENT - EFFECT ON SUIT MAINTAINABILITY:2.
1978 0 Supreme(Ker) 110 • India - Kerala
T.KOCHU THOMMEN
Ratio Decidendi: Private individuals cannot object to the maintainability of a suit on the ground of no notice to the Government ... or public officers under S.80 CPC. ... Finding of the Court: The court held that the suit was maintainable against private individuals, defendants 1 and 2 ... The benefit of the S.80 CPC. is only to the government and its officers and not to private parties. It cannot then be availed of by a #HL_STA....
2014 0 Supreme(All) 3633 • India - Allahabad
SUDHIR AGARWAL
The court concluded that the objection with respect to want of notice under Section 80 CPC cannot be taken by an individual other ... Finding of the Court: The court found that the objection with respect to want of notice under Section 80 CPC cannot ... Ratio Decidendi: The court held that the objection with respect to want of notice under Section 80 CPC cannot be taken by .......
2013 0 Supreme(Ker) 167 • India - Kerala
K.HEMA, A.HARIPRASAD
Ratio Decidendi: The Arbitrator is the sole judge of the quality and quantity of evidence, and the court cannot sit in appeal ... Secs.17, 39 and 41 of the Act, if read conjointly, will show that the respondents cannot raise cross objection under the provisions of Order XLI, Rule 22 of the CPC. ... 37. ... Engineers Private Limited v. ... Hence, at this point of time, they cannot be heard to raise such a plea, contended the respondents. ... 22. ....
2021 0 Supreme(Mad) 361 • India - Madras
G.JAYACHANDRAN
Based on the sale deed executed in favour of the appellant, pursuant to a private treaty under Rule 8 (5)(d) of Securities Interest ... Court auction purchase of the property by the 3rd respondent With full knowledge and notice of these facts, they had entered into private ... ordered attachment Finding of the court: Appellant and second respondent are parties to negotiation in the private ... I cannot recollect the date and month of sale. I cannot recollect the fact that I have received a sum of Rs.5....
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