Immunity from suit: good faith acts under the scheme barred without prior notice and absent evidence of misconduct. Section 135 provides that no suit, prosecution or other legal proceeding lies against the Central Government or its officers for acts done or intended to be done in good faith under the Scheme; non suit proceedings require a prior written notice of not less than one month and are barred after three months from accrual of the cause; proceedings cannot be based solely on later detection of a duty calculation error unless there is evidence of misconduct.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Immunity from suit: good faith acts under the scheme barred without prior notice and absent evidence of misconduct.
Section 135 provides that no suit, prosecution or other legal proceeding lies against the Central Government or its officers for acts done or intended to be done in good faith under the Scheme; non suit proceedings require a prior written notice of not less than one month and are barred after three months from accrual of the cause; proceedings cannot be based solely on later detection of a duty calculation error unless there is evidence of misconduct.
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