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Notice To Be Given of Suits

No suit can be filed against the Corporation or its employees without a written notice given two months prior, detailing the cause of action and relief sought. Additionally, such suits must be initiated within six months of the cause of action, except for cases involving immovable property or title declarations. The notice requirement does not apply if the suit solely seeks an injunction that would be undermined by the notice period.
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0% found this document useful (0 votes)
6 views1 page

Notice To Be Given of Suits

No suit can be filed against the Corporation or its employees without a written notice given two months prior, detailing the cause of action and relief sought. Additionally, such suits must be initiated within six months of the cause of action, except for cases involving immovable property or title declarations. The notice requirement does not apply if the suit solely seeks an injunction that would be undermined by the notice period.
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392. Notice to be given of suits.

-(1) No suit shall be instituted against the Corporation


or against the Commissioner or against any Corporation officer or other Corporation
employee or against any person acting under the order or any direction of the
Corporation
employee or the Commissioner or any Corporation officer or other Corporation
employee, in respect of any act done, or purporting to have been done, in pursuance of
this Act or any rule, regulation or bye-law made thereunder, until the expiration of two
months after notice in writing has been left at the Corporation office and in the case of
such employee or person unless notice in writing has also been delivered to him or left
at
his office or place or residence, and unless such notice states explicitly the cause of
action, the nature of the relief sought, the amount of compensation claimed and the
name
and place of residence of intending plaintiff, and unless the plaint contains a statement
that such notice has been so left or delivered.
(2) No suit, such as is described in sub-section (1) shall, unless it is a suit for
the recovery of immovable property or for a declaration of title thereto be instituted
after
the expiry of six months from the date on which the cause of action arises.
(3) Nothing in sub-section (1) shall be deemed to apply to a suit in which the
only relief claimed is an injunction of which the object would be defeated by giving of
the notice or the postponement of the institution of the suit.
_____________________

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