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Section 478: Notice to be given of suits.

The Delhi Municipal Corporation Act, 1957Central Act · Act 66 of 1957

(1) No suit shall be instituted against [[the Corporation]] or against any municipal authority or against any municipal officer or other municipal employee or against any person acting under the order or direction of any municipal authority or any municipal officer or other municipal 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 municipal office and, in the case of such officer, employee or person, unless notice in writing has also been delivered to him or left at his office or place of 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 the 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 the giving of the notice or the postponement of the institution of the suit.

Where this provision sits

ActThe Delhi Municipal Corporation Act, 1957
Section478
Marginal noteNotice to be given of suits.
JurisdictionCentral
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted, Subs.by Delhi Act 12 of 2011. . Subs.by Delhi Act 12 of 2011, s. 2, for “the Corporation” (w.e.f. 13-1-2012).
  • substituted, Act 10 of 2022. . Subs. by Act 10 of 2022, s. 2, for “a Corporation” (w.e.f. 22-5-2022).

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