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Mahant Surinder Nath Thru His Attorney ... vs Union Of India (Uoi) And Ors. on 12 December, 2007
cites
The Indian Penal Code, 1860
Section 193 in The Indian Penal Code, 1860 [Entire Act]
The Code of Criminal Procedure, 1973
Section 191 in The Indian Penal Code, 1860 [Entire Act]
Dy. General Manager,Redesignated As ... vs Sudarshan Kumari & Ors. Etc on 2 April, 1996
32. In such a situation, there can hardly be a case for grant of leave to file a fresh suit on withdrawal of the present suit. The leave to withdraw the suit is prayed apparently because on 4.12.2007 itself this Court had put the parties to notice that it would hear the parties on the issue of perjury arising from the contradictory statements of the plaintiff and his attorney. The Supreme Court in Dy. General Manager, Redesignated as Dy. Director, ISB and Ors. v. Sudarshal Kumari and Ors. (1996) 4 SCC 763 has dealt with grant of leave to file fresh suits and held that in such cases as there is no occasion for compassion as liberties granted were being abused. I am, thus, of the view that the plaintiff be permitted to withdraw the suit, there can be no question of grant of any liberty to file any fresh civil suit. The suit is thus, dismissed as withdrawn, without any leave being granted to file any fresh suit.
Salem Advocate Bar Association,Tamil ... vs Union Of India on 2 August, 2005
In Salem Advocates Bar Association v. Union of India 6 SCC 344 a judicial notice was taken of the fact that many unscrupulous parties take advantage of the fact that either the costs are not awarded or nominal costs are awarded against the unsuccessful party. Even where costs are awarded, ordinarily the same may not be realistic or are nominal. Thus, emphasis has been laid on costs being awarded which are realistic specially keeping in mind the provisions of Section 35(2) of the CPC.
Goyal Mg Gases Pvt. Limited vs Air Liquide Deutschland Gmbh And Ors. on 19 October, 2006
In Goel MG Gases Private Limited v. Air Liquide Deutschland GMBH and Ors. Geeta Mittal, J. has succinctly set out the problems arising from such misconceived litigation. It has been held that vexatious and frivolous litigations poses a number of threats to efficient operation of any civil justice system and such proceedings not only oppress and harass the adversary which are scarce, but are extremely damaging to public interest causing loss of valuable judicial resources which are scarce. Thus, a party which succeeds is liable to be compensated by award of costs in such matters. The legislature has recognized need for imposition of costs and, thus, enacted Section 35 of the said Code.