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july 1968

Supreme Court of India · 1968-07-26

RAGHUNATH DASS vs UNION OF INDIA AND ANR.

Citation / case number
SC 1965/288
Court
Supreme Court of India
Petitioner
RAGHUNATH DASS
Respondent
UNION OF INDIA AND ANR.
Bench
HEGDE, K.S.

Judgment text excerpt

The Supreme Court held that a notice sent under Section 80 of the Code of Civil Procedure, 1908, does not become invalid merely because it is issued in the trade name of a proprietary firm, provided the sender clearly identifies himself as the proprietor. The Court emphasized that the purpose of the notice is to allow the government to reconsider claims without litigation, and the notice should be interpreted sensibly. The High Court's ruling that the notice was invalid was overturned, affirming the maintainability of the suit.

RAGHUNATH DASS vs UNION OF INDIA AND ANR. · Niyam