Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure Costs |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | COSTS: Exemplary costs - Imposition of- Recipient- High Court in an appeal arising out of a suit, imposed costs of Rs. 1 lac on each side finding them guilty of false deposition, and directed costs to be deposited with High Court Legal Services Committee - HELD: Courts should not exceed the limitations ~ placed by CPC in this regard - Principles and practice relating to administrative law matters cannot be imported mechanically to civil litigation governed by the Code - Levy of huge costs in selected matters made payable to legal Services Authorities or non-party charitable organizations should be avoided - Though the order of High Court imposing costs, in view of ss. 35 and 35-A CPC, may not strictly be correct, the same is not interfered with in exercise of jurisdiction under Article 136 of the Constitution - However, .... Legal Services Authority of High Court when it receives the costs from the parties, shall make over the same to State Government - Awarding actual and more realistic costs so that it may work as a deterrent to vexatious or luxury litigation is a matter that requires urgent attention of Law Commission of India - Code of Civil Procedure, 1908 - ss. 35 and 35-A - Constitution of India, 1950 - Article 136. In an appeal, the High Court of Delhi, while upholding the judgment and decree passed by the trial court . dismissing a suit for specific performance of an agreement of sale, held that both the sides were guilty of having lied on oath and deserved to be prosecuted. It, however, observed that since courts were overburdened with litigation, instead of directing prosecution, heavy costs should be levied on both sides "to be paid to the State which spends money on providing the judicial infrastructure", and imposed exemplary costs of Rs.1,00,000/ - to be paid by each side. But, the amounts were directed to be deposited with the Delhi High Court Legal Services Committee. Aggrieved, the plaintiff filed the petitions for special leave to appeal. |
Judge | Hon'ble Mr. Justice R.V. Raveendran |
Neutral Citation | 2009 INSC 12 |
Petitioner | Ashok Kumar Mittal |
Respondent | Ram Kumar Gupta & Anr. |
SCR | [2009] 1 S.C.R. 125 |
Judgement Date | 2009-01-09 |
Case Number | 30991 |
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