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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


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