LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ramesh Naik   25 August 2024

Is there provision in cpc to impose a cost of rs.five lakhs in a appeal to high court

recently high Court of karnataka has imposed a cost of rupees five lakhs on appellant payable to respondent ( without demand by him ) by rejecting a IA in RFA case.( regular first appeal).is this as per law and how this can be challenged.pl inform me.



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     25 August 2024

The Supreme Court of India has ruled that the High Court's discretion to award costs in civil litigation is subject to conditions and limitations, and that the court can't exercise inherent powers that go against the provisions of the Code. For example, Section 35 of the India Code states that a court can impose costs on the plaintiff if it finds that the claim for damages is frivolous and vexatious, even if the plaintiff is the successful party. 
 
The Indian Kanoon website also says that costs should be reasonable and include the time spent by the successful party, transportation and lodging, and other incidental costs.
 

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register