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
question of law raised in the
second appeal is regarding the compensatory costs
awarded by the trial Court under Section 35A of the
Code ... award of
actual costs of litigation as contrasted from
nominal or fixed or unrealistic costs. (d) The
provision for costs should be an incentive
copy thereof to the other side; subject,
however, to payment of compensatory costs of Rs. 25,000
(Rupees Twenty Five Thousand Only), to learned counsel ... justice and permitted the parties
to file the written statement on compensatory costs.
13. Being bound by the aforesaid judgments
been committed, costs was already
deposited, heavy cost imposed instead of taking action for perjury etc.
upheld the heavy costs imposed upon the both litigants ... grant of costs of the suit under section 35 CPC, so he
is not entitled to any other costs except compensatory costs
than five years,
as such the defendant is also entitled to compensatory costs in
view of section 35A of the Code of Civil Procedure. Learned ... paid by plaintiff no.1.
However, issue of recovery of the compensatory costs from
salaries of erring officials of plaintiff no.1 is left
section 35A 11 of the Code of Civil
11
35A. Compensatory costs in respect of false or vexatious claims or defences ... rupees three thousand only) to the
plaintiff toward compensatory costs within one week from the date of
expiry of period prescribed for appeal against this
appellants be put in possession of
the suit property and compensatory costs be also ordered in favour of
the appellants.
13. Per contra ... lower court,
while dismissing the suit ought to have awarded compensatory costs
under section 35A of CPC in favour of the appellants. It is further
Jangpura-B, New Delhi.
Plaintiffs have also prayed for awarding compensatory cost to the
plaintiffs. Hence, the present suit.
CS NO. 50646/16 RAVI BALA ... costs of the suit? OPP.
43. Plaintiffs have also prayed that compensatory cost be also
awarded in the present matter. Plaintiffs had placed on record
liability
thereupon. In view thereof, the defendants are entitled to
compensatory costs in terms of Section 35A of the of the Code
of Civil Procedure ... amount of compensatory costs cannot exceed Rs.3000/. I,
therefore, in addition to the costs of the suit, also award
compensatory costs amounting
liability
thereupon. In view thereof, the defendants are entitled to
compensatory costs in terms of Section 35A of the of the Code
of Civil Procedure ... amount of compensatory costs cannot exceed Rs.3000/. I,
therefore, in addition to the costs of the suit, also award
compensatory costs amounting
