Section 64 in The Jammu and Kashmir Excise Act, 1958 (1901 A. D.)
64. Bar of actions.
- No action shall lie be against [the Government] [In sections 1 (para third), 3 clauses (7) and (9), 4, 5 (proviso), 7, 8, 10(d), 11, 12, 13, 15, 16, 17(e), 18, 20(d), 25, 63(b),63(c), 63(d) and 64 for the words 'His Highness the Maharaja Bahadur' the words 'the Government' substituted by Act X of Svt. 1996.] or against any [Excise and Taxation Officer] [Substituted by Act III of 1956 for 'Customs and Excise Officer'.] for damages in any Civil Court for any act bona fide done or ordered to be done in pursuance of this Act or of any law for the time being in force relating to the Excise revenue and prosecutions of any [Excise and Taxation Officer] [Substituted by Act VIII of 1956 for 'Customs and excise Office'.] and all actions which may be lawfully brought against the Jammu and Kashmir Government or against any [Excise and Taxation Officer] [Substituted by Act VIII of 1956 for 'Customs and excise Office'.] in respect of any thing done or alleged to have been done in pursuance of this Act, shall be instituted within six months from the date of the act complained of and one month after notice has been given in writing to [the Government] [In sections 1 (para third), 3 clauses (7) and (9), 4, 5 (proviso), 7, 8, 10(d), 11, 12, 13, 15, 16, 17(e), 18, 20(d), 25, 63(b),63(c), 63(d) and 64 for the words 'His Highness the Maharaja Bahadur' the words 'the Government' substituted by Act X of Svt. 1996.] or to the officer against whom the suit is to be brought.In such actions for damages, it shall be lawful for the Court if tender of sufficient amount had been made before the action was brought, in awarding the amount so tendered, to refuse costs to the plaintiff and direct him to pay the costs of the defendant.[Section 63 substituted by Notification No 14 published in Government Gazette dated 17th Phagan, 1983.]
