Bare ActsThe Karnataka Conduct of Government Litigation Act, 2023

Section 56

Decrees in favour of Government

Amendment status not verified — confirm the current text below against the official source.

Decrees in favour of Government.- (1) As soon as may be after a decree or order is made in favor of the Government, the Litigation Conducting Officer obtain through the Law Officer concerned a certified copy of the decree or order and unless otherwise instructed, proceed to make efforts to recover the decree amount out of Court from the Judgment Debtor. (2) If the amount due cannot be so recovered, the particulars of the property, moveable or immoveable, including securities, amounts held in Court deposit, decrees obtained by judgment debtor belonging to the judgment debtor shall be ascertained and steps taken immediately to obtain attachment of such property. If such property has already been attached before judgment, application for sale of such property shall be made. 35 (3) Whenever a decree or order of a Court is varied or reversed in any appeal, revision or other proceedings the Law Officer shall take action under relevant law to seek restitution and inform the Head of the Legal Cell through proper channel about the steps taken and the result thereof. (4) Where action is not taken for obtaining satisfaction of the decree as provided above, the concerned Litigation Conducting Officer shall after consulting the Law Officer submit a report to the Departmental Secretary through proper channel furnishing the date on which the period of limitation for the execution of the decree expires, any information coming to his knowledge as facilitates the recovery of the money due to the Government under the decree and the reasons for not taking action or the delay in taking such action. (5) If the delay is on account of the Law Officer, an advance copy of the report shall also be sent to the Head of the Legal Cell. (6) The Departmental Secretary shall forward the report to the Law Department along with his comments, if any, requesting it to take steps to execute the decree, if possible. The Law Department shall take appropriate steps as it may consider.

Section 56 – The Karnataka Conduct of Government Litigation Act, 2023 | DailyLaw.ai