Before filling suit firstly we have to see whether notice is mandatory ......
- As per S. 80 of C.P.C. two months notice is mandatory before filling suit against Govt/Public Officer in respect of any act purporting to be done by him in his official capacity. Basically notice u/s 80 be disclose name, description, residence of plaintiff, cause of action, relief claimed by plaintiff .
- As per S. 80(2) of C. P. C. if in a suit urgent or immediate relief required to obtain then with leave of court without giving notice suit can be filled.
-Once notice is issued u/s 80 then as per the said section there is no provision to dispense with remaining period of notice and give permission to file suit. - -
-As per S. 180 of Maharashtra (Bombay) Village Panchayat Act 1958 three months notice is mandatory before filling suit against any member /officer /servant / agent of panchayat acting under it,anything in good faith done under this act /rules.
- As per S. 280 of Maharashtra Zilla Parishad and Panchayat Samitis Act 1961 three months notice is mandatory before filling suit against any officer,servant ,person acting/working under order of Zelda Parishad /Panchayat Samiti.
- As per above sections (180/280) no notice is mandatory if suit is filled in respect of Future Action of above person, servant, member, operson, officer, or against Grampanachyat/Z.P./Panchayat Samiti. Here note that as like S. 80(2) of C. P. C. there is no provision to grant permission to file suit without giving notice under above sections before filling suit .
- As per S. 304 of Maharashtra Municipal Councils Nagarpanchayats and Industrial Townships Act 1965 one months notice is mandatory before filling suit against council, cigarettes officer servant in respect of any act done by them according to the said act .But as per S. 304(4) no notice is mandatory before filling suit if suit is filled under S. 38 of Specific Relief Act 1963 (i. e. Suit for Perpetual Injunction) or under S. 96(1)(2) of the this act.
- As per S. 55 of Maharashtra Agricultural Produce Marketing Act 1963 one months notice is mandatory before filling suit against any member servant officer of the market committee in respect of any act done by them according to the said act.
- As per S. 106 of Transfer of Property Act 1882 Six months notice for agricultural or manufacturing lease and fifteen days notice for other purpose lease is mandatory before filling suit against tenant for possession / arrears of rent in respect of property to which Transfer of Property Act applies.
- As per S. 164 of Maharashtra Co-operative Act 1960 two months notice is mandatory before filling suit against society any it's officer in respect of any act touching the business of the society.
- As per S. 15 of Maharashtra Rent Act 1999 ninety days notice is mandatory before filling suit against tenant for possession on the ground of non payment of standard rent or permitted increases.
- Except mandatory notice provided
- In fact no notice is mandatory /required before filling suit of Partition / Redemption of Mortgage / Specific Performance / Injunction / Encroachment / Declaration of Title / Declaration of Status / Demarcation / Rectification of Document/ Compensation for Defamation .
Please Comment /Give Suggestions.....
- As per S. 80 of C.P.C. two months notice is mandatory before filling suit against Govt/Public Officer in respect of any act purporting to be done by him in his official capacity. Basically notice u/s 80 be disclose name, description, residence of plaintiff, cause of action, relief claimed by plaintiff .
- As per S. 80(2) of C. P. C. if in a suit urgent or immediate relief required to obtain then with leave of court without giving notice suit can be filled.
-Once notice is issued u/s 80 then as per the said section there is no provision to dispense with remaining period of notice and give permission to file suit. - -
-As per S. 180 of Maharashtra (Bombay) Village Panchayat Act 1958 three months notice is mandatory before filling suit against any member /officer /servant / agent of panchayat acting under it,anything in good faith done under this act /rules.
- As per S. 280 of Maharashtra Zilla Parishad and Panchayat Samitis Act 1961 three months notice is mandatory before filling suit against any officer,servant ,person acting/working under order of Zelda Parishad /Panchayat Samiti.
- As per above sections (180/280) no notice is mandatory if suit is filled in respect of Future Action of above person, servant, member, operson, officer, or against Grampanachyat/Z.P./Panchayat Samiti. Here note that as like S. 80(2) of C. P. C. there is no provision to grant permission to file suit without giving notice under above sections before filling suit .
- As per S. 304 of Maharashtra Municipal Councils Nagarpanchayats and Industrial Townships Act 1965 one months notice is mandatory before filling suit against council, cigarettes officer servant in respect of any act done by them according to the said act .But as per S. 304(4) no notice is mandatory before filling suit if suit is filled under S. 38 of Specific Relief Act 1963 (i. e. Suit for Perpetual Injunction) or under S. 96(1)(2) of the this act.
- As per S. 55 of Maharashtra Agricultural Produce Marketing Act 1963 one months notice is mandatory before filling suit against any member servant officer of the market committee in respect of any act done by them according to the said act.
- As per S. 106 of Transfer of Property Act 1882 Six months notice for agricultural or manufacturing lease and fifteen days notice for other purpose lease is mandatory before filling suit against tenant for possession / arrears of rent in respect of property to which Transfer of Property Act applies.
- As per S. 164 of Maharashtra Co-operative Act 1960 two months notice is mandatory before filling suit against society any it's officer in respect of any act touching the business of the society.
- As per S. 15 of Maharashtra Rent Act 1999 ninety days notice is mandatory before filling suit against tenant for possession on the ground of non payment of standard rent or permitted increases.
- Except mandatory notice provided
- In fact no notice is mandatory /required before filling suit of Partition / Redemption of Mortgage / Specific Performance / Injunction / Encroachment / Declaration of Title / Declaration of Status / Demarcation / Rectification of Document/ Compensation for Defamation .
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