'Grave Misconduct': Rajasthan HC Imposes 1 Lac Cost On Advocate Who Filed Original Application Without Authorization, Superimposed Sign By Xerox Machine Etc.
2 years, 11 months ago

'Grave Misconduct': Rajasthan HC Imposes 1 Lac Cost On Advocate Who Filed Original Application Without Authorization, Superimposed Sign By Xerox Machine Etc.

Live Law  

The division bench of Rajasthan High Court, Jodhpur upheld the Central Administrative Tribunal, Jodhpur order imposing 1 Lac cost on petitioner-advocate. Gupta, an Advocate enrolled with the Bar Council of Rajasthan, filed this writ petition for assailing the order whereby, the Tribunal, dismissed the Original Applications filed by an association in the name and style of Income-Tax Contingent Employee's Union represented by the petitioner in the capacity of a counsel holding that he was acting as a de facto party in this case. The court stated that the Tribunal also noticed interpolations in the documents filed on record by the petitioner who personally verified the pleadings. Justice Sandeep Mehta and Justice Vinod Kumar Bharwani, while dismissing the writ petition, observed, "Thus, the finding of the learned Tribunal that the petitioner, who has been enrolled as an Advocate post retirement from the Income Tax Department, has acted as de facto party in Judicial proceedings cannot be faulted. Sunil Bhandari, who represents the Income Tax Department, a formal party in the proceedings, supported the order of the Tribunal urging that this Court has in more than one cases, already concluded that Shri T.C.

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History of this topic

Court Cannot Act As Disciplinary Authority To Decide Correctness Of Allegations Against Delinquent Employee: Rajasthan HC
1 week, 1 day ago

Court Cannot Act As Disciplinary Authority To Decide Correctness Of Allegations Against Delinquent Employee: Rajasthan HC

Live Law  

Rajasthan High Court has ruled that a writ petition does not ordinarily lie against a charge-sheet issued in disciplinary proceedings unless it was established that the same was issued by an authority that was not competent to initiate the disciplinary proceedings. The bench of Justice Anoop Kumar Dhand opined that charge-sheet could not be interfered with by the Court in …

Courts Empowered To Impose Cost But It Shouldn't Be Unbearable, Registry Insisting On Deposit Denies Litigant's Right To Appeal: Gujarat HC
1 month, 1 week ago

Courts Empowered To Impose Cost But It Shouldn't Be Unbearable, Registry Insisting On Deposit Denies Litigant's Right To Appeal: Gujarat HC

Live Law  

Perusing the trial court order imposing costs, Justice Maulik J Shelat observed “ It is required to be noted that the trial court, while imposing a cost of 25,000, has not reached to the conclusion ₹25,000 to be paid to the District Legal Services Authority, that the review application filed by the petitioner is vexatious or false. It is deplorable …

'Not Given Opportunity To Defend Himself': Rajasthan HC Expunges Adverse Remarks Against Advocate For Allegedly Using 'Undisciplined Language'
2 months, 1 week ago

'Not Given Opportunity To Defend Himself': Rajasthan HC Expunges Adverse Remarks Against Advocate For Allegedly Using 'Undisciplined Language'

Live Law  

The Jaipur bench of the Rajasthan High Court directed expunging of adverse remarks against an advocate, having a practice of more than 19 years, put on record by a division bench of the Court in its order in a criminal miscellaneous petition on the ground that the “petitioner misbehaved with the Court and used undisciplined language/words and failed to maintain …

Successive Petitions U/S 482 CrPC Not Entertainable If Filed Without Any Change Of Facts Or Circumstances: Rajasthan High Court Reiterates
2 months, 1 week ago

Successive Petitions U/S 482 CrPC Not Entertainable If Filed Without Any Change Of Facts Or Circumstances: Rajasthan High Court Reiterates

Live Law  

Rajasthan High Court reiterated that there was no blanket rule against filing successive petitions under Section 482, CrPC, before the High Court, however, in such petitions it had to be seen whether there was any change in facts and circumstances that necessitated filing of the petition. The bench of Justice Anoop Kumar Dhand was hearing a criminal miscellaneous petition against …

'Judicial Time & Resources Abused': Punjab & Haryana HC Imposes Rs.5 Lakh Cost On Litigant For Supressing Facts, Filing Repeated Pleas
3 months ago

'Judicial Time & Resources Abused': Punjab & Haryana HC Imposes Rs.5 Lakh Cost On Litigant For Supressing Facts, Filing Repeated Pleas

Live Law  

The Punjab & Haryana High Court imposed a cost of Rs.5 lakh on litigant who repeatedly abused the process of court by filing successive pleas and suppressed “crucial fact.” The plea was filed challenging the resumption order of a land which was allotted to the petitioner subject to certain conditions. A bench of Justice Arun Palli and Justice Vikram Aggarwal …

Punjab & Haryana High Court Imposes ₹1 Lakh Cost On Police Commissioner For Inaction In Visa Fraud Case
3 months ago

Punjab & Haryana High Court Imposes ₹1 Lakh Cost On Police Commissioner For Inaction In Visa Fraud Case

Live Law  

Observing "due to the deliberate laxity on the part of the investigating authorities no action was taken by the police authorities despite lapse of nearly 2 year", the Punjab & Haryana High Court imposed a cost of Rs 1 lakh costs on Jalandhar Police Commissioner. The bench noted that the FIR was lodged in July 2022 and the police has …

Rajasthan HC Junks Man's Plea Seeking Dismissal Of Daughter-In-Law From Service Over FIR For Allegedly Abetting Son's Suicide, Imposes 50K Costs
3 months ago

Rajasthan HC Junks Man's Plea Seeking Dismissal Of Daughter-In-Law From Service Over FIR For Allegedly Abetting Son's Suicide, Imposes 50K Costs

Live Law  

Rajasthan High Court imposed a cost of Rs. 50,000 on a father-in-law for filing a “baseless” writ petition seeking removal of his daughter-in-law from the post of patwari on the grounds of a pending FIR against her filed by him alleging her of abetting his son's suicide. The Court was hearing a writ petition filed by the petitioner seeking a …

No Error In Rejecting Application For Suit Dismissal Filed On Grounds Of Undervaluation Of Suit Or Insufficient Court Fee: Rajasthan HC
4 months ago

No Error In Rejecting Application For Suit Dismissal Filed On Grounds Of Undervaluation Of Suit Or Insufficient Court Fee: Rajasthan HC

Live Law  

Rajasthan High Court rejected a petitioner' challenge to Civil Judge's order of rejecting his application for dismissal of suit, under Order 7, Rule 11, CPC, filed on the ground that the suit was undervalued and filed after paying insufficient court fees. The bench of Justice Manoj Kumar Garg ruled that even if there was undervaluation or payment of insufficient court …

Procedural And Technical Hurdles Cannot Impede Substantial Justice: Rajasthan HC Grants Appointment To Candidate Who Erred In Submitting Application
6 months, 2 weeks ago

Procedural And Technical Hurdles Cannot Impede Substantial Justice: Rajasthan HC Grants Appointment To Candidate Who Erred In Submitting Application

Live Law  

Rajasthan High Court has ruled that the application of rules should be with a humane approach and if procedural violation does not cause prejudice, courts must lean towards doing substantial justice rather than relying upon procedural and technical violation. Procedural and technical hurdles shall not be allowed to come in the way of the court while doing substantial justice.” The …

Not In Position To Pay Even Rs 30? MP High Court Dismisses Homemaker's Application To Prosecute 12 Yrs Old Appeal As 'Indigent'
7 months, 2 weeks ago

Not In Position To Pay Even Rs 30? MP High Court Dismisses Homemaker's Application To Prosecute 12 Yrs Old Appeal As 'Indigent'

Live Law  

In a peculiar instance, the Madhya Pradesh High Court dismissed an application filed by a homemaker to prosecute an appeal against the order passed by the Railway Claims Tribunal in 2010 as an 'indigent person', noting that the court fees payable on the memorandum of appeal was merely Rs 30. The single-judge bench of Justice Vivek Jain observed that the …

Madhya Pradesh High Court Imposes Rs 25K Cost On Counsel For Non-Cooperation
9 months, 2 weeks ago

Madhya Pradesh High Court Imposes Rs 25K Cost On Counsel For Non-Cooperation

Live Law  

Madhya Pradesh High Court has imposed a cost of Rs 25,000/- on a counsel appearing for the respondents, including the insurance company, in a service matter. The court adjourned the matter further on the condition that the counsel for the respondents should compensate the petitioner's counsel, Advocate Rajesh Neema, with Rs 5,000/- for commutation expenses. Though the court adjourned the …

'Misleading Court': Punjab & Haryana High Court Imposes Rs 50K Cost For Not Disclosing Similar Plea Was Dismissed For Non-Prosecution
9 months, 2 weeks ago

'Misleading Court': Punjab & Haryana High Court Imposes Rs 50K Cost For Not Disclosing Similar Plea Was Dismissed For Non-Prosecution

Live Law  

Observing that it amounts to "misleading court", the Punjab & Haryana High Court has imposed a cost of Rs.50,000 on a petitioner who did not disclose in the plea that a similar petition was dismissed for "non-prosecution. Observing that it amounts to "misleading court", the Punjab & Haryana High Court has imposed a cost of Rs.50,000 on a petitioner who …

Erring Officials To Be Held Accountable For Payment Of Cost "From Their Own Pockets" For Unnecessary Delay In Retiral Claims: Rajasthan High Court
1 year, 6 months ago

Erring Officials To Be Held Accountable For Payment Of Cost "From Their Own Pockets" For Unnecessary Delay In Retiral Claims: Rajasthan High Court

Live Law  

The Rajasthan High Court at Jaipur recently issued a mandamus to all the Departments of the State to strictly comply with all the mandatory provisions contained under Chapter VI of the Rajasthan Civil Services Rules, 1996 and not to cause unnecessary delays in payment of pension and all retiral dues to eligible employees. The single judge bench of Justice Anoop …

Madhya Pradesh High Court Proposes To Impose ₹10 Lakh Cost On Litigant For Filing Repetitive Petition
1 year, 8 months ago

Madhya Pradesh High Court Proposes To Impose ₹10 Lakh Cost On Litigant For Filing Repetitive Petition

Live Law  

The Madhya Pradesh High Court has proposed to impose a cost of Rs 10 Lakhs on a litigant for filing a petition seeking the same relief, which had already been resolved earlier.“This is a clear case of abuse of the process of Court. The Madhya Pradesh High Court has proposed to impose a cost of Rs 10 Lakhs on a …

Court Under Section 29A Of The A&C Act Would Not Consider Issue Regarding Fees Of Arbitral Tribunal: Delhi High Court
1 year, 8 months ago

Court Under Section 29A Of The A&C Act Would Not Consider Issue Regarding Fees Of Arbitral Tribunal: Delhi High Court

Live Law  

The High Court of Delhi has held the Court exercising power under Section 29A of the A&C Act, which provides for extension of time to conclude arbitral proceedings, is only concerned with the issue as to whether the arbitrator has acted with expedition in the matter and would not consider any issue regarding the conduct of the arbitration or the …

Rajasthan HC Orders Per-emptory Cost In Paramour's Habeas Corpus Petition
2 years, 3 months ago

Rajasthan HC Orders Per-emptory Cost In Paramour's Habeas Corpus Petition

Live Law  

The Rajasthan High Court recently directed a parmour, seeking the release of his partner from the alleged illegal custody of her mother, to deposit Rs. 50,000 as per-emptory cost.Dinesh Chaudhary claimed that he came in touch with the detenu, a married woman, via Instagram. The division bench of Justice Sandeep Mehta and Justice Kuldeep Mathur, upon hearing the petition, directed …

Rajasthan High Court Upholds Order Imposing ₹10 Lakh Cost On Medical Institute For "Bench Hunting"
2 years, 7 months ago

Rajasthan High Court Upholds Order Imposing ₹10 Lakh Cost On Medical Institute For "Bench Hunting"

Live Law  

The Principal Bench of Rajasthan High Court at Jodhpur has upheld the single judge bench order, whereby a cost of Rs. 10 lakh was imposed on a medical institution for forum shopping.After the petition filed by Dhanwantri Institute of Medical Science was dismissed as withdrawn from the Jaipur bench of the High Court in April, the institute had approached its …

"Bench Hunting": Rajasthan High Court Imposes 10 Lakh Cost On Medical Institute For Filing Petition By Concealing About Its Dismissal By Jaipur Bench
2 years, 9 months ago

"Bench Hunting": Rajasthan High Court Imposes 10 Lakh Cost On Medical Institute For Filing Petition By Concealing About Its Dismissal By Jaipur Bench

Live Law  

The Principal bench of Rajasthan High Court at Jodhpur has recently imposed a cost of Rs. 10 lakh on a medical institution for filing a writ petition, which came to be dismissed as withdrawn at Jaipur Bench on 26.04.2022. The court noted that the relief prayed for before the Jaipur Bench are almost identical as prayed for in the present …

Calcutta HC Imposes 50K Cost On Plea Alleging Fake Caste Certificate For Elections, Says Petitioner Himself Contesting Candidate
3 years, 1 month ago

Calcutta HC Imposes 50K Cost On Plea Alleging Fake Caste Certificate For Elections, Says Petitioner Himself Contesting Candidate

Live Law  

The Calcutta High Court on Tuesday while hearing a plea alleging issuance of fake Scheduled caste certificate to a candidate contesting from a scheduled caste constituency, imposed costs to the tune of Rs. 50,000 on the petitioner for suppressing the fact that he himself was also a contesting candidate in the concerned Bidhannagar municipal polls.A Bench comprising Chief Justice. In …

Punjab & Haryana High Court Imposes 1K Cost On Lawyer For Abstaining From Work, Allows Cost Recovery From Bar Association
3 years, 6 months ago

Punjab & Haryana High Court Imposes 1K Cost On Lawyer For Abstaining From Work, Allows Cost Recovery From Bar Association

Live Law  

The Punjab and Haryana High Court, on Monday, imposed 1,000/- cost on a lawyer who had abstained from work on the very day his application seeking early hearing of a case was listed before the court.The Bench of Justice Arvind Singh Sangwan noted that the Courts are working through virtual mode with great difficulties, and even then the lawyers had …

Punjab & Haryana High Court Pulls Up Advocate For Claiming That He 'Made' Many Judges; Doubles Cost [Read Order]
4 years, 4 months ago

Punjab & Haryana High Court Pulls Up Advocate For Claiming That He 'Made' Many Judges; Doubles Cost [Read Order]

Live Law  

The Punjab and Haryana High Court on Tuesday pulled up an Advocate for claiming that he 'made' many judges and doubled the cost imposed on him while dismissing his petition. Taking note of Advocate Sushil Gautam's "boisterous claims", the Single Bench of Justice Arun Monga said, "To say the least, the tone, tenor, manner and conduct of the learned counsel …

SC Slaps Costs On Litigant For Incorrect English Translation Of Rajasthan HC Judgment In Hindi [Read Order]
5 years, 10 months ago

SC Slaps Costs On Litigant For Incorrect English Translation Of Rajasthan HC Judgment In Hindi [Read Order]

Live Law  

The Supreme Court slapped costs on a litigant for filing incorrect translation of a Rajasthan High Court judgment impugned in the Special Leave Petition filed by him. The bench comprising Justice Abhay Manohar Sapre and Justice Dinesh Maheshwari asked the petitioner to pay a cost of Rs. However, subject to payment of costs, the bench permitted the petitioner to file …

Delhi HC Refuses To Waive Costs Imposed On Officer Of Rajya Sabha Secretariat For Filing Frivolous Appeals [Read Order]
7 years, 3 months ago

Delhi HC Refuses To Waive Costs Imposed On Officer Of Rajya Sabha Secretariat For Filing Frivolous Appeals [Read Order]

Live Law  

The Delhi High Court has refused to waive the costs of Rs. 50,000 which it had imposed on the officer of the Rajya Sabha Secretariat for wasting "judicial time of three courts" by filing frivolous appeals.The Secretariat had to face the Court's ire in August this year for harassing an ex-employee for a paltry sum of Rs. 50,000 which it …

Delhi HC Refuses To Waive Costs Imposed On Officer Of Rajya Sabha Secretariat For Filing Frivolous Appeals [Read Order]
7 years, 3 months ago

Delhi HC Refuses To Waive Costs Imposed On Officer Of Rajya Sabha Secretariat For Filing Frivolous Appeals [Read Order]

Live Law  

The Delhi High Court has refused to waive the costs of Rs. 50,000 which it had imposed on the officer of the Rajya Sabha Secretariat for wasting "judicial time of three courts" by filing frivolous appeals.The Secretariat had to face the Court's ire in August this year for harassing an ex-employee for a paltry sum of Rs. 50,000 which it …

Bombay HC Imposes Costs On Litigant For Levelling Reckless Allegations Against Previous Lawyer [Read Judgment]
7 years, 5 months ago

Bombay HC Imposes Costs On Litigant For Levelling Reckless Allegations Against Previous Lawyer [Read Judgment]

Live Law  

The Nagpur bench of the Bombay High Court has imposed a cost of Rs. 25,000 on a litigant who failed to comply with his own undertaking of giving a monthly maintenance to his wife and blamed his previous advocate for it.Justice VM Deshpande was hearing a criminal revision application filed by one Jayant Wasnik against an order of the Nagpur …

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