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Report No. 100

2.14. Observations of the Supreme Court.-

The futility of the present provision in section 80 has been very emphatically pointed out in a judgment of the Supreme Court.1 It states that the notice under section 80 is intended to alert the State to negotiate a just settlement or at least have the courtesy to tell the potential outsider why the claim is being resisted. The Court further points out that the section has become a ritual, because the administration is often unresponsive and hardly lives up to Parliament's intention in continuing section 80 in spite of the Central Law Commission's recommendation. Incidentally, it may be of interest to mention that the recommendation of the Law Commission to repeal section 80, as made in its Report on the Code of Civil Procedure (54th Report), was expressly referred to (with approval) in a judgment of the Supreme Court2 in 1974.

1. State of Punjab v. Geetha Iron & Brass Works, AIR 1978 SC 1608: (1978) 1 SCC 68.

2. J.R. Jerry v. Union of India, AIR 1974 SC 130 (135, 136), para. 25.



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