CPC

Section 80. Transfer of negotiable instruments and shares

In force · As amended up to 2026-08

80. Transfer of negotiable instruments and shares.— (1) Where the execution of a document or the endorsement of the party in whose name a negotiable instrument or a share in a corporation is standing is required to transfer such negotiable instrument or, share the Judge or such officer as he may appoint in this behalf may execute such document or make such endorsement as may be necessary, and such execution or endorsement shall have the same effect as an execution or endorsement by the party. - (2) Such execution or endorsement may be in the following form, namely:— - A. B. by C.D. Judge of the Court of (or as the case may be) , in a suit by E. F. against A.B. (3) Until the transfer of such negotiable instrument or share, the Court may, by order, appoint some person to receive any interest or dividend due thereon and to sign a receipt for the same; and any receipt so signed shall be as valid and effectual for all purposes as if the same had been signed by the party himself. 80. Notice. —[5] [(1)][6] [ Save as otherwise provided in sub-section (2), no suits[7] [shall be instituted] against the Government (including the Government of the State of Jammu and Kashmir)] or against a public officer in respect of any act purporting to be done by such public officer in his official capacity, until the expiration of two months next after notice in writing has been[8] [delivered to, or left at the office of—] (a) in the case of a suit against the Central Government,[9] [except where it relates to a railway] a Secretary to that Government; 10[(b)] in the case of a suit against the Central Government where it relates to railway, the General Manager of that railway; 11[(bb) in the case of a suit against the Government of the State of Jammu and Kashmir, the Chief Secretary to that Government or any other officer authorized by that Government in this behalf;] (c) in the case of a suit against[12] [any other State Government], a Secretary to that Government or the Collector of the district;[13] * 14* * * * * 1. Subs. by Act 2 of 1951, s. 3, for "the States". 2. Subs. by s. 11, ibid. , for s. 78 (w.e.f. 1-4-1951). 3. Subs. by the A.O. 1948, for s. 79. 4. Subs. by the A.O. 1950, for "the Dominion of India". 5. S. 80 renumbered as sub-section (1) by Act 104 of 1976, s. 27 (w.e.f. 1-2-1977). 6. Subs. by s. 27, ibid ., for "No suit shall be instituted" (w.e.f. 1-2-1977). 7. Subs. by Act 26 of 1963, s. 3, for " shall be instituted against the Government " (w.e.f. 5-6-1964). The words in italics were subs. by the A.O. 1948, for "Instituted against the Crown".

Source: India Code

How this section changed

  1. substituted by Act 26 of 1963, s. 3

    In force from 5 Jun 1964

    Earlier wording: “shall be instituted against the Government”

    Footnote: 7. Subs. by Act 26 of 1963, s. 3, for " shall be instituted against the Government " (w.e.f. 5-6-1964). The words in italics were subs. by the A.O. 1948, for "Instituted against the Crown".

  2. renumbered by Act 104 of 1976, s. 27

    In force from 1 Feb 1977

    Footnote: 5. S. 80 renumbered as sub-section (1) by Act 104 of 1976, s. 27 (w.e.f. 1-2-1977).

  3. substituted by Act 104 of 1976, s. 27

    In force from 1 Feb 1977

    Earlier wording: “No suit shall be instituted”

    Footnote: 6. Subs. by s. 27, ibid ., for "No suit shall be instituted" (w.e.f. 1-2-1977).