shall be open to the Court to impose actual or exemplary costs upon any of the parties under this section. (9) An application filed
sufficient cause is made out, and may impose costs including exemplary costs on the party seeking adjournment without any sufficient cause.] [Inserted
judgment dated 29.11.2012 had dismissed the said appeal with
exemplary costs of Rs.10,000/- Feeling aggrieved, the plaintiff has
http://www.judis ... thereafter by the judgment dated 29.11.2012
had dismissed the appeal with exemplary costs of Rs.10,000/- Feeling
aggrieved, the plaintiff had filed
Provincial Insolvency Act, 1920, with exemplary
costs; and/or
b) Pass any other order or further directions as may be
deemed just and appropriate ... Dismiss the petitioner's application for insolvency with
exemplary costs; and
b) Grant any further relief deemed appropriate by this
Court
rejection at the
threshold, and in appropriate cases with exemplary costs.
13.The Council for Public Interest Law set up by the Ford
Foundation ... well not only to
dismiss the petitions but also to impose exemplary costs. It
would be desirable for the Courts to filter
awarding
costs in accordance with Section 35 (that is, costs following the event) and
also give reasons where costs are not awarded ... were unnecessarily raised, costs must
be appropriately apportioned. Special reasons must be assigned if costs are
not being awarded. Costs should
evident from the order sheet, has made him liable to pay exemplary cost by filing a
malicious petitions and for abusing the process ... rejection at the
threshold, and in appropriate cases with exemplary costs."
It is further contended that Hon'ble Supreme Court vide
hereinafter and which
have been suppressed, deserves to be saddled with exemplary costs
while dismissing the petition in limine. Those facts are:
Page ... sufficient to seek a dismissal of the present petition
with exemplary costs.
4.21 The petitioner has compounded its suppression of
material facts
rejection at the
threshold, and in appropriate cases with exemplary costs.
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12
13.The Council ... well not only to
dismiss the petitions but also to impose exemplary costs. It
would be desirable for the Courts to filter
groundless, then it is the duty of the Court to impose exemplary costs. He has referred to the following decisions of the Apex Court ... observed that the Trial Court is duty bound to impose exemplary costs under Section 35A of C.P.C. and take deterrent action