cost imposed on a party
kalyani choudhury
(Querist) 20 May 2009
This query is : Resolved
If cost is imposed on a party by a judge for not filing Affidavits in time whom does the cost go to - the lawyer of the other party or to his client ?My lawyer claims that it goes to himself and has the cheque made up in his own name.
SANJAY DIXIT
(Expert) 20 May 2009
Very typical querry to reply by a lawyer.
In my views legally cost should be paid to opposite party but practically it is paid to the opposite counsel.
adv. rajeev ( rajoo )
(Expert) 21 May 2009
Dear Kalyani,
In our bar association we have given a representation to all the courts that any cost is imposed in the courts, it may given to the bar association, we have kept the receipt book in all the courts after paying the cost receipt will be issued to the concerned Advocate.
Some times court will direct to pay the cost to the parties.
Swami Sadashiva Brahmendra Sar
(Expert) 21 May 2009
I recollect, there is rule that cost will go to lawyer. I will post the exact citation/rule shortly.