Cost with dissmisal
sandeep rane
(Querist) 26 August 2012
This query is : Resolved
I have already get answer but i have more doubt please clear.
Is it common that court order cost when it dissmisses the writ or pil every time ?
If i get a Lawyer from legal aid before filling writ or pil or court gives me lawyer from legal aid i.e. government lawyer after filling a matter in a court then also i am liable to bear any cost if court order in my matter while dissmissing it.
How to decide that particular matter do not have any merit ? give reference of any legislation if possible.
If i have grievance that I cause inconvience because of particular rules ,policy of government institutuion then do you think it has merit to file writt or pil to receive instruction from court ?
R.K Nanda
(Expert) 26 August 2012
1.Yes.
2.Yes.
3.power is with judges to decide.
4.U may file it.
venkatesh Rao
(Expert) 26 August 2012
Nanda sir has aptly and briefly put it.
Raj Kumar Makkad
(Expert) 26 August 2012
Law is nothing but a common sense. If Court thinks that the petitioner has come to the court just for wasting its valuable time and there is no scope to discuss the matter legally then it is fully authorized to impose exemplary cost over the petitioner. In your case where the petitioner is not having so income to even bear his counsel and he is already taking the help of legal service authority then the court may desist itself from imposing such penalty though there is no such citation with me.
Sudhir Kumar, Advocate
(Expert) 26 August 2012
Yes another query he has earlier raised the same issues on many threads
http://www.lawyersclubindia.com/experts/Pil-or-writ-333606.asp
before that on http://www.lawyersclubindia.com/experts/Pil-or-writ-333601.asp
It clearly shows that you are well satisfied that the PIL proposed to be filed by you is worthless and liable to be dismissed with cost. Still You want to file.
If you feel that you case is worth dismissal with cost then take it for sure that you are not getting free legal aid as it is meant for genuine litigants who cannot afford lawyers and not for those person who are satisfied that they are going to waste court's time.
You are seeking advise whether he should file writ or PIL. He has not disclosed the facts or subject matter. He has assumed the experts here to be astrologers as well.
I do not think that you are entitled to more advise on this charitable forum being more keen in dismissal of petition rather success.
