**Detailed Summary and Breakdown of The Karnataka Conduct of Government Litigation Rules, 1985: Provisions, Procedures, and Key Examples**

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The document you uploaded contains The Karnataka Conduct of Government Litigation Rules, 1985, which govern the procedures for government litigation in Karnataka. Below is a detailed summary with 10 key examples and a detailed breakdown of all rules. https://dpal.karnataka.gov.in/storage/pdf-files/Kanunu%20padakosha%20PDF%20Files/CGLitigationrules1985.pdf

Detailed Summary of The Karnataka Conduct of Government Litigation Rules, 1985

Overview

The Karnataka Conduct of Government Litigation Rules, 1985, provide a structured framework for how legal cases involving the state government are handled. The rules ensure efficient litigation management, define responsibilities of government officers, and outline the procedures for filing, defending, and appealing cases.

10 Key Examples of Government Litigation Cases

  1. Land Acquisition Disputes

    • Example: A farmer challenges the government’s compensation for acquired land.

  2. Recovery of Public Dues

    • Example: A contractor fails to pay penalties on a government contract.

  3. Breach of Government Contracts

    • Example: A company defaults on completing a state infrastructure project.

  4. Public Interest Litigations (PILs) Against the State

    • Example: Citizens sue the government for environmental mismanagement.

  5. Writ Petitions Challenging Government Orders

    • Example: A government employee files a writ petition against wrongful termination.

  6. Motor Accident Claims Against Government Vehicles

    • Example: A person injured in an accident involving a state transport bus sues for compensation.

  7. Criminal Cases Against Government Officials

    • Example: A corruption case is filed against a senior bureaucrat.

  8. Compensation for Infrastructure Failures

    • Example: Residents file a case due to injuries caused by a collapsed bridge.

  9. Illegal Encroachments on Government Land

    • Example: The state government files a suit to evict unauthorized occupants from government property.

  10. Litigation Before the Supreme Court

  • Example: The Karnataka government appeals against an adverse High Court ruling affecting state policy.

Detailed Breakdown of All Rules

The Karnataka Conduct of Government Litigation Rules, 1985, are divided into multiple Parts and Chapters, covering various aspects of government litigation.

PART I – Preliminary

1. Title, Commencement, and Application

  • The rules are called The Karnataka Conduct of Government Litigation Rules, 1985.
  • They apply to all legal proceedings involving the Karnataka government.
  • Exemption: The rules do not apply to writ petitions related to land reforms.

2. Definitions

  • Case – Any legal proceeding involving the government in a court or tribunal.
  • Law Officer – A government-appointed advocate responsible for handling legal matters.
  • Litigation Conducting Officer – A designated officer responsible for overseeing government litigation.

PART II – Cases Filed by the Government

3. Sanction for Filing Cases

  • No case can be filed by the government without prior approval.
  • A detailed report must be submitted, including:
    • Case history
    • Legal grounds
    • Evidence available
    • Potential financial impact

4. Preparation of Plaint and Petitions

  • The Litigation Conducting Officer must work with legal experts to draft the case.

5. Filing Urgent Cases

  • In emergency situations, a case can be filed without prior sanction, but post-filing approval must be obtained.

PART III – Cases Filed Against the Government

6. Handling Civil Procedure Code Section 80 Notices

  • The government must respond to legal notices within 60 days.

7. Summons and Legal Representation

  • A Law Officer must be assigned immediately upon receipt of a court summons.

8. Preparation of Defense Statements

  • Government departments must prepare:
    • Parawise objections
    • Legal justifications
    • Counter-claims if applicable

PART IV – General Instructions for Conduct of Cases

9. Responsibilities of the Litigation Conducting Officer

  • Ensure timely responses in all legal proceedings.
  • Provide documents, witnesses, and legal materials as needed.

10. Role of Law Officers

  • Draft legal submissions.
  • Represent the government in court.
  • File necessary applications to protect government interests.

11. Production and Custody of Documents

  • Government documents must be submitted on time in court.
  • Certified copies should be used whenever possible.

12. Witness Management

  • The Law Officer must prepare a list of witnesses.
  • The government must ensure attendance of key witnesses.

PART V – Appeals, Reviews, and Revisions

13. Filing Appeals by the Government

  • The State Law Department must approve all appeals.
  • Appeals must be filed within the statutory limitation period.

14. Appeals Against the Government

  • The government must prepare counterarguments to defend against appeals filed by individuals or corporations.

PART VI – Litigation in the Supreme Court

15. Cases Filed by the Government in the Supreme Court

  • Appeals must be authorized by the Advocate General.
  • A dedicated Advocate on Record must handle Supreme Court cases.

16. Government Defense in Supreme Court Cases

  • Legal coordination between state and central law officers.

PART VII – Land Acquisition Cases

17. Handling Compensation Claims

  • The Revenue Department manages land acquisition disputes.

18. Appeals Against Land Acquisition Awards

  • If a compensation award exceeds government valuation, an appeal must be filed.

PART VIII – Motor Accident Claims Against the Government

19. Handling of Accident Claims

  • The State Insurance Department manages liability cases.

PART IX – Execution of Decrees Against the Government

20. Compliance with Court Orders

  • The government must comply with court decrees promptly.

21. Avoiding Attachment of Government Property

  • The state must take proactive steps to prevent seizure of government assets.

PART X – Criminal Cases Against Government Officials

22. Handling of Criminal Cases

  • Government prosecutors must ensure fair and transparent trials.

23. Appeals in Criminal Cases

  • The state must decide whether to appeal or accept verdicts.

PART XI – Miscellaneous Provisions

24. Maintenance of Registers & Litigation Records

  • The government must maintain litigation records for monitoring legal trends.

25. Duties of Deputy Commissioners and Department Heads

  • Ensure strict compliance with litigation rules.
  • Maintain regular communication with law officers.

Conclusion

The Karnataka Conduct of Government Litigation Rules, 1985, provide a structured framework for handling civil, criminal, and administrative litigation involving the state. They ensure:
✅ Timely filing of cases
✅ Proper legal representation
✅ Efficient management of appeals and defenses
✅ Protection of government assets and interests


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