Section 35A in The Code of Civil Procedure, 1908
35A. [Compensatory costs in respect of false or vexatious claims or defences
Section 172 in The Motor Vehicles Act, 1988
172. Award of compensatory costs in certain cases. - (1) Any Claims Tribunal adjudicating upon any claim
practice of awarding
costs in accordance with Section 35 (that is, costs following the event) and
also give reasons where costs are not awarded ... false or vexatious claims should
be punitive and not merely compensatory. In fact, compensatory costs is
something that is contemplated in Section 35B and Section
plea was frivolous and vexatious and therefore he was entitled to compensatory costs in the proceedings. The other respondents also denied the allegations ... application and (c) whether the first respondent is entitled to compensatory costs, from the petitioner under section 35-A of the Code of Civil Procedure
awarding costs in accordance with section 35 i.e., costs following
the event and also giving reasons for not awarding costs. Otherwise, it was
pointed ... false or vexatious
claims should be punitive and not merely compensatory. In fact,
compensatory costs is something that is contemplated in Section 35B and
Section
salutary principle for imposing cost are as follows:
i) Costs should ordinarily follow the event;
ii) Realistic costs ought to be awarded keeping in view ... that the solitary principle for compensatory cost as:
i) Costs should ordinarily follow the event;
ii) Realistic costs ought to be awarded keeping in view
that the solitary principle for compensatory cost as:
i) Costs should ordinarily follow the event;
ii) Realistic costs ought to be awarded keeping in view ... award of actual costs of litigation as contrasted from nominal or fixed or
unrealistic costs.
d) The provision for costs should be an incentive
court disallowing cost and if so, whether the appellate
court is entitled to award cost as well as compensatory
costs?
12. In the decision reported ... entitled to get cost unless other
wise reasons given by the court to disallow costs. As
regards the compensatory cost is concerned, finding
company, then a compensatory cost is payable by the
appellants to the respondent - company as stipulated in the
said clause. Admittedly, the first appellant worked ... respondent - company has initiated arbitral
proceedings for recovery of the said compensatory cost. Also
it is a clause in the arbitral agreement that the venue
award
of actual costs of litigation as contrasted from
nominal or fixed or unrealistic costs. (d) The
provision for costs should be an incentive ... dismiss the same with costs or without costs, however,
it depends on the facts and circumstances of each case.
Awarding costs should ensure that