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Report No. 100

Litigation by and against the Government: Some Recommendations for Reform

Chapter 1 Introductory
1.1 Scope and genesis
2. Departments' approach
3. Contents of the present Report
4. Earlier Reports
Chapter 2 Section 80, Code of Civil Procedure, 1908, and Cognate Provisions
2.1. Notice under section 80(1), Code of Civil Procedure
2. Relaxation made in section 80(2)-effect of
3. Section 80(3)-effect of
4. True approach
5. Recent case law
6. Formal defects in the notice, or in its service-Madras and Kerala cases
7. A Rajasthan case
8. Mention of wrong particulars
9. Injustice caused by section 80
10. Defects in the contents of the notice under section 80
11. Section 80 mandatory
12. Attitude of Government officers
13. Objects of notice
14. Observations of the Supreme Court
15. Repeal of section 80, C.P.C., recommended
16. Repeal of other Statutory provisions requiring notice of suit recommended
17. Impact on writ petition
Chapter 3 Litigation Ombudsman-Proposal for
3.1. The background
2. Need for evolving suitable mechanism
3. Litigation Ombudsman-proposal for
4. Salient features of the scheme recommended
The office, and its organisation
The Procedure
Grounds of recommendation to be made by Litigation Ombudsman
Administrative Matters
Exemption from the Scheme
5. Resort to Ombudsman not compulsory
6. Approach to be adopted by the litigation Ombudsman and its likely beneficial impact on court congestion
7. States having Lokayuktas
8. Legislation recommended
Chapter 4 Limitation in Suits by the Government
4.1. The law of limitation and suits by the Government
2. Disparity productive of hardship
3. Earlier Report of the Law Commission
4. Recommendation
Chapter 5 Conclusion and Summary of Recommendations
5.1. Conclusion
Summary of recommendations

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