Report No. 56
Statutory Provision as to Notice of Suit other Than Section 80, Civil Procedure Code
| Contents |
| 1. |
Genesis of the Report |
| 1A. |
Provisions in Article 361(4) of the Constitution |
| 2 |
Statutory provision covered by the Report |
| 3. |
Section 78B, Railways Act |
| 4 - 5 |
Requirement of notice mandatory, under the Railways Act |
| 6. |
Section 273, Cantonments Act, 1924 |
| 7 - 10 |
Case-Law on section 273, Cantonments Act |
| 11. |
Provisions in Municipal Acts |
| 12. |
Provision in Delhi Municipal Corporation Act, 1957 |
| 13. |
Section 155(2), Customs Act, 1962 |
| 14 - 16 |
Expression 'Local authorities' in Customs Act |
| 16A. |
No bar to proceedings under Article 226 |
| 17. |
Section 120, Major Port Trusts Act, 1963 |
| 18. |
Sections in other Port Trusts Act |
| 19. |
Requirement of notice of a common feature |
| 20. |
Object of notice considered |
| 21. |
Object of Provisions in the Railways Act |
| 22. |
Discrimination not to be favoured |
| 23. |
Reasons given in earlier Reports for recommending deletion of section 80, Code of Civil Procedure |
| 24. |
These reasons applicable to provisions in question |
| 25. |
Difficulties created by provision in Railways Act |
| 26 - 31 |
Judicial criticism |
| 31A. |
Inconvenience |
| 32. |
Stale demands guarded against by law of limitation |
| 33. |
Inconvenience and injustice |
| 33A. |
Comments of Ministries concerned |
| 34. |
Recommendation |
| 35 - 36 |
Period of limitation under the Limitation Act, 1963 for a suit for compensation for loss, destruction or deterioration of animals or goods delivered to be carried by railway |
| 37 - 38 |
Effect of recommendation indicated with reference to each provision |
| Appendix |
History of Section 77, Railways Act, 1890 |
