No Court Shall Be Prestige Conscious: Kerala HC Sets Aside Single Judge Order That Imposed Exemplary Costs For Defects In Writ Petition [Read Judgment]
6 years, 3 months ago

No Court Shall Be Prestige Conscious: Kerala HC Sets Aside Single Judge Order That Imposed Exemplary Costs For Defects In Writ Petition [Read Judgment]

Live Law  

“No Court shall be prestige conscious as to disallow permission to withdraw a writ petition unless the hearing has advanced to a considerable stage consuming time.”While setting aside a single bench order imposing exemplary costs for some defects in a writ petition, the Kerala High Court observed that no court shall be prestige conscious as to disallow permission to withdraw a writ. “No Court shall be prestige conscious as to disallow permission to withdraw a writ petition unless the hearing has advanced to a considerable stage consuming time.” While setting aside a single bench order imposing exemplary costs for some defects in a writ petition, the Kerala High Court observed that no court shall be prestige conscious as to disallow permission to withdraw a writ petition unless the hearing has advanced to a considerable stage consuming time. No Court shall be prestige conscious as to disallow permission to withdraw a writ petition unless the hearing has advanced to a considerable stage consuming time. The learned single Judge not only declined permission to withdraw but has also dismissed the writ petition with exemplary costs of `25,000/- as afore-stated.

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History of this topic

Madras High Court Imposes ₹5 Lakh Costs On State Of Tamil Nadu For “Re-Agitating” Case Which Had Already Been Decided By Supreme Court
Top News
2 weeks, 5 days ago

Madras High Court Imposes ₹5 Lakh Costs On State Of Tamil Nadu For “Re-Agitating” Case Which Had Already Been Decided By Supreme Court

Live Law  

The Madras High Court recently imposed a cost of Rs. 5 Lakh on the State of Tamil Nadu for filing a writ appeal in a matter that had already attained finality through the order of the Supreme Court. The state had filed the appeal challenging an order of the single judge approving the appointment of a Sanitary worker in St. …

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, 2 weeks 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 …

Writ Of Mandamus Can Be Issued In Contractual Matters Only When Outstanding Payments Are Admitted, Not Otherwise: Allahabad HC
2 months ago

Writ Of Mandamus Can Be Issued In Contractual Matters Only When Outstanding Payments Are Admitted, Not Otherwise: Allahabad HC

Live Law  

The Allahabad High Court has held that writ jurisdiction cannot be invoked to enter contractual unless exceptional circumstances are present, which include respondents agreeing to the outstanding dues. The petitioner approached the High Court under Article 226 of the Constitution of India, seeking payment of the dues on the grounds that financial constraints cannot be grounds to deny payment for …

HC imposes cost on petitioner
2 months ago

HC imposes cost on petitioner

The Hindu  

The Madurai Bench of the Madras High Court has imposed a cost of ₹10,000 on a petitioner from Thoothukudi district who sought the cancellation of patta granted to a few persons. Ramesh and A.D. Maria Clete observed that the claim of the petitioner that private parties had encroached upon the land cannot be sustained since there is a presumption drawn …

Madras HC imposes Rs 1 lakh cost on litigant for abusing court process
2 months, 1 week ago

Madras HC imposes Rs 1 lakh cost on litigant for abusing court process

New Indian Express  

MADURAI: The Madurai Bench of the Madras High Court recently imposed Rs 1 lakh cost on a litigant for abusing the court process by filing two petitions seeking similar relief by suppressing the facts about the dismissal of one of them. A bench comprising Justices MS Ramesh and AD Maria Clete had imposed the cost on T Palaniammal of Dindigul, …

Allahabad High Court Rejects Protection Plea Of Married Individuals In Inter-Faith Live-In Relationship With ₹50K Cost
2 months, 2 weeks ago

Allahabad High Court Rejects Protection Plea Of Married Individuals In Inter-Faith Live-In Relationship With ₹50K Cost

Live Law  

The Allahabad High Court recently dismissed a protection plea filed by a married woman, employed in the police department and currently on childcare leave, along with her live-in partner, who is also married to another woman and a father of a 12-year-old child, while imposing a cost of ₹50,000 on the petitioners. A bench of Justice Vinod Diwakar imposed this …

'Right To Access Justice Not Absolute' : Supreme Court Imposes Rs 1 Lakh Cost On Litigant For Multiple Frivolous Cases
2 months, 2 weeks ago

'Right To Access Justice Not Absolute' : Supreme Court Imposes Rs 1 Lakh Cost On Litigant For Multiple Frivolous Cases

Live Law  

The Supreme Court recently imposed a heavy cost of Rs.1,00,000 on the petitioner, who over the span of more than 11 years filed frivolous litigants and indulged in forum shopping more than 10 times including before the High Court of Bombay and the Supreme Court. The petitioner then filed an application to the Ministry of Law & Justice seeking inquiry …

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, 1 week 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 …

"Maintainability" Of Writ Petition Different From "Entertaining" Writ Petition: Kerala High Court Explains
3 months, 2 weeks ago

"Maintainability" Of Writ Petition Different From "Entertaining" Writ Petition: Kerala High Court Explains

Live Law  

The Kerala stated that there is distinction between entertainability and maintainability of a writ petition filed under Article 226 of the Constitution. The division bench of Chief Justice Nitin Jamdar and Justice S Manu observed thus: “Even if alternate remedy is available to the Petitioner, that cannot be a ground to hold the writ petition under Article 226 of the …

Supreme Court Direct Registry To Recover Costs On Two Frivolous PILs
3 months, 2 weeks ago

Supreme Court Direct Registry To Recover Costs On Two Frivolous PILs

Live Law  

The Supreme Court today directed the Registry to take action as permitted under law to recover the cost imposed on the two frivolous petitions filed by Advocate Sachin Gupta. A bench of Justices PS Narasimha and Manoj Misra was hearing a suo moto miscellaneous application regarding the recovery of costs imposed on two Public Interest Litigation which a bench of …

Kerala High Court Imposes ₹1 Lakh Cost On Advocate For Filing 'Frivolous' Contempt Petition Against Judicial Officer, Opposing Counsel
7 months, 3 weeks ago

Kerala High Court Imposes ₹1 Lakh Cost On Advocate For Filing 'Frivolous' Contempt Petition Against Judicial Officer, Opposing Counsel

Live Law  

The Kerala High Court has imposed an exemplary cost of Rs. The contempt petition was filed alleging that the judicial officer colluded with an advocate and parties in disobeying the directions of the High Court in a case being contested by the contempt applicant. “To hurl allegations of contempt against the lawyer appearing for the plaintiffs, as also, plaintiffs 1 …

Imposing Unaffordable Costs Is Akin To Denying Relief: Kerala High Court Reduces Hefty Cost Imposed On Parties For Recalling Witnesses
8 months, 2 weeks ago

Imposing Unaffordable Costs Is Akin To Denying Relief: Kerala High Court Reduces Hefty Cost Imposed On Parties For Recalling Witnesses

Live Law  

The Kerala High Court held that onerous, heavy and unaffordable costs imposed upon the accused for recalling witnesses would violate their rights to recall witnesses to defend their case and establish their innocence. The Court noted that imposition of heavy costs upon petitioners would effectively prevent them from benefitting under Section 311 of the CrPC, which allows for recalling witnesses. …

[Land Acquisition] Plea For Enhancement Of Compensation After 50-Yrs Stained By 'Gross Delay': Punjab & Haryana High Court Imposes ₹25k Cost
9 months ago

[Land Acquisition] Plea For Enhancement Of Compensation After 50-Yrs Stained By 'Gross Delay': Punjab & Haryana High Court Imposes ₹25k Cost

Live Law  

The Punjab & Haryana High Court has imposed a cost of Rs. 25,000 on petitioners for filing plea for enhancement of compensation granted in 1975 for land acquired for public purpose, observing that the plea is "stained with a vice of gross delay and latches".While noting that there is no merit in the petition, a devision bench of Justice Sureshwar …

Supreme Court Dismisses Kerala Govt's Petition Challenging HC Direction To Pay Rs.1 Lakh Compensation To Man Illegally Detained As Maoist
10 months, 3 weeks ago

Supreme Court Dismisses Kerala Govt's Petition Challenging HC Direction To Pay Rs.1 Lakh Compensation To Man Illegally Detained As Maoist

Live Law  

The Supreme Court has dismissed the Special Leave Petition filed by the State of Kerala challenging a 2019 judgment of the Kerala High Court which directed the State to grant Rs.1 lakh compensation to a man who was illegally detained by the police on suspicion of being a Maoist.A bench comprising Justices Sudhanshu Dhulia and PB Varale dismissed the State' …

Appellate Court May Reject, Not Dismiss An Appeal For Non-Payment Of Court Fee: Kerala High Court
1 year, 2 months ago

Appellate Court May Reject, Not Dismiss An Appeal For Non-Payment Of Court Fee: Kerala High Court

Live Law  

The Kerala High Court has held that an appellate court may only reject and not dismiss an appeal for non-payment of court fee by the party.A single judge bench of Justice Badharudeen was dealing with a second appeal, filed as a consequence of first appellate court's order dismissing the appeal as “balance court fee not paid". The Kerala High Court …

HC Directs Govt To Reconsider Transfer of Employees From AP
1 year, 3 months ago

HC Directs Govt To Reconsider Transfer of Employees From AP

Deccan Chronicle  

Hyderabad: A two-judge bench of the Telangana High Court, comprising Chief Justice Alok Aradhe and Justice J. Anil Kumar, disposed of four similar writ petitions pertaining to the action of the State of Telangana in not according consent for permanent interstate transfers in pursuance of letter addressed by the State of Andhra Pradesh to the State of Telangana. HC Allows …

Orissa High Court Imposes ₹1 Lakh Cost On 'Frivolous' Plea Seeking To Declare S.69(ii) Of The Representation Of People Act As Unconstitutional
1 year, 3 months ago

Orissa High Court Imposes ₹1 Lakh Cost On 'Frivolous' Plea Seeking To Declare S.69(ii) Of The Representation Of People Act As Unconstitutional

Live Law  

The petition, which was filed by one Bibhutibhusan Mohapatra, urged the Court to declare the aforesaid provision unconstitutional to have fair elections because democracy is the basic structure of the Constitution and free and fair election is the basic feature of democracy, which has been observed by the apex Court in the case of People's Union for Civil Liberties and …

Correctness Of Valuation, Court Fees To Be Determined Before Commencement Of Trial: Kerala High Court
1 year, 3 months ago

Correctness Of Valuation, Court Fees To Be Determined Before Commencement Of Trial: Kerala High Court

Live Law  

The Kerala High Court recently laid down that when a dispute arises on the correctness of valuation and Court fees to be paid, it ought to be determined after permitting evidence on the same, before the commencement of trial on merits, due to it being a mixed question of fact and law. "If the Sub Court is of the opinion …

Orissa High Court Slaps ₹20K Cost On Organisation For Filing PIL Without Approaching Concerned Authority Seeking Remedial Action
1 year, 5 months ago

Orissa High Court Slaps ₹20K Cost On Organisation For Filing PIL Without Approaching Concerned Authority Seeking Remedial Action

Live Law  

The Orissa High Court on Tuesday imposed ₹20,000 costs on an organisation for filing a writ petition in the nature of Public Interest Litigation before approaching the concerned authorities seeking remedial action. While hearing was going on, the Court queried the petitioner as to whether it has complied with Rule 8 of the Orissa High Court Public Interest Litigation Rules, …

Kerala High Court Dismisses Plea To Suspend State's Top Officials For 'Undue Influence', Says Aimless Allegations Without Supporting Material
1 year, 11 months ago

Kerala High Court Dismisses Plea To Suspend State's Top Officials For 'Undue Influence', Says Aimless Allegations Without Supporting Material

Live Law  

The Kerala High Court on Monday came down heavily upon the practice of filing writ petitions without any basis and thereby 'threatening the system into ridicule'. Justice Bechu Kurian Thomas while dismissing a plea alleging State's Top officials of influencing others to destroy petitioner's life, imposed a cost of Rs.25,000/- payable to the Kerala Legal Services Authority. The petitioner also …

Second Writ On Same Subject Without Disclosing Pending Litigation: Andhra Pradesh HC Imposes 1 Lakh Cost, Initiates Criminal Contempt Action
2 years, 5 months ago

Second Writ On Same Subject Without Disclosing Pending Litigation: Andhra Pradesh HC Imposes 1 Lakh Cost, Initiates Criminal Contempt Action

Live Law  

The Andhra Pradesh High Court, while dismissing a second writ petition filed by the petitioner against the same respondents and for the same relief, observed that the filing of the second writ petition amounted to abuse of the process of the Court. The petitioner had approached the High Court praying for the issuance of the writ of mandamus directing the …

Kerala High Court Imposes Cost On Litigants For Securing Favourable Judgment By Producing False Memo
2 years, 8 months ago

Kerala High Court Imposes Cost On Litigants For Securing Favourable Judgment By Producing False Memo

Live Law  

The Kerala High Court on Tuesday set aside a judgment obtained by producing a fake memo showing service of notice and imposed Rs 10,000 on the litigants who produced the fake memo. A judgment, decree or order obtained by fraud has to be treated as a nullity, whether by the court of the first instance or by the final court. …

'Abuse Of Process, Frivolous Litigation' : Supreme Court Affirms Cost Of Rs 5 Lakhs Imposed On Litigant
2 years, 8 months ago

'Abuse Of Process, Frivolous Litigation' : Supreme Court Affirms Cost Of Rs 5 Lakhs Imposed On Litigant

Live Law  

Strongly criticising the filing of numerous proceedings before the tiers of forums upto the Supreme Court itself and the deliberate non-disclosure of absolutely relevant facts, the Apex Court went on to record that it was initially persuaded to initiate contempt proceedings against the Petitioner, but it is not doing so purely due to the age of the Petitioner as she …

"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 …

Suppressed Material Facts With Intention To Abuse Judicial Process: Madras High Court Imposes Rs.25000 Cost On Lawyer For Frivolous Litigation
2 years, 10 months ago

Suppressed Material Facts With Intention To Abuse Judicial Process: Madras High Court Imposes Rs.25000 Cost On Lawyer For Frivolous Litigation

Live Law  

The Madras High Court recently directed a lawyer, appearing for the petitioner to deposit Rs. 25,000 as exemplary costs in favour of the Bar Council of Tamil Nadu and Puducherry finding that the petitioner had come to the court with unclean hands merely to abuse the judicial process of law. "Considering the fact that the representation was submitted only on …

Kerala Football Association A Private Organization, Not Amenable To Writ Jurisdiction: High Court Dismisses Plea Assailing ₹25K Entry Fee For State Tournament
3 years, 1 month ago

Kerala Football Association A Private Organization, Not Amenable To Writ Jurisdiction: High Court Dismisses Plea Assailing ₹25K Entry Fee For State Tournament

Live Law  

The Kerala High Court on Wednesday held that a writ petition is not maintainable against the Kerala Football Association since it was a private organisation and was not discharging public functions. The Kerala Football Association holds the Kerala Premier League, and as per the recent circular, an entry fee was imposed on the willing participants from this year onwards, unlike …

Innocent Attempt Of A Girl To Get Admitted To Her Dream Course: Kerala HC Refrains From Imposing Cost For Filing Multiple Pleas With Similar Prayers
3 years, 4 months ago

Innocent Attempt Of A Girl To Get Admitted To Her Dream Course: Kerala HC Refrains From Imposing Cost For Filing Multiple Pleas With Similar Prayers

Live Law  

In a fascinating judgment, the Kerala High Court on Wednesday wished a petitioner good luck on cracking Kerala Engineering Architectural Medical Entrance exam on her next attempt, rather than imposing cost for filing multiple pleas with similar prayers, thereby wasting the time of the Court.Justice P.V. In a fascinating judgment, the Kerala High Court on Wednesday wished a petitioner good …

Are Petitions Alleging Judicial Misconduct Maintainable? Kerala High Court To Decide
3 years, 6 months ago

Are Petitions Alleging Judicial Misconduct Maintainable? Kerala High Court To Decide

Live Law  

The Kerala High Court on Thursday inquired as to the maintainability of two petitions alleging judicial misconduct against one of its sitting judges and two of its retired judges in light of their orders in the Maradu flats demolition issue. Justice P.B Suresh Kumar while condemning the petitions orally remarked:"If the Court entertains writ petitions like these, how will judges …

Karnataka High Court Imposes ₹ 10 Lakh Cost On Petitioner For Multiple Petitions Against Azim Premji
4 years, 1 month ago

Karnataka High Court Imposes ₹ 10 Lakh Cost On Petitioner For Multiple Petitions Against Azim Premji

Live Law  

The Karnataka High Court has imposed a cost of Rs 10 lakh on not for profit company-India Awake for Transparency, for filing multiple petitions on the very same cause of action, seeking to register a case against founder Chairman of Wipro Company, Azim Premji and others.The Court noted that petitioner had filed multiple writ petitions in the High Court seeking …

How Kerala High Court Rendered Justice By Invoking Writ Jurisdiction To Solve Dispute Between Private Parties
4 years, 1 month ago

How Kerala High Court Rendered Justice By Invoking Writ Jurisdiction To Solve Dispute Between Private Parties

Live Law  

Can writ jurisdiction be invoked for effective settlement of disputes between private parties? A judgment passed by Kerala High Court in October last year, illustrates how such an indulgence by writ courts could help in delivery of justice.In this case, the Secretary of the. A judgment passed by Kerala High Court in October last year, illustrates how such an indulgence …

Withholding Of Title Deeds Towards Security By PSU Bank Doesn't Involve Any Element Of Public Duty: Kerala High Court
4 years, 3 months ago

Withholding Of Title Deeds Towards Security By PSU Bank Doesn't Involve Any Element Of Public Duty: Kerala High Court

Live Law  

"Providing of credit facility or providing of loan on the strength of title deeds given in security cannot be said to be done in discharge of any public function, even in a case where it is made by a Public Sector undertaking/Bank", ruled the Kerala High Court on Wednesday. The Court cited the Apex Court's ruling in the case of …

Public Interest Litigation Filed Purely On The Basis Of News Paper Report Is Not Maintainable: Kerala High Court
4 years, 4 months ago

Public Interest Litigation Filed Purely On The Basis Of News Paper Report Is Not Maintainable: Kerala High Court

Live Law  

Public Interest Litigation filed purely on the basis of paper report is not maintainable, the Kerala High Court observed.The bench comprising the Chief Justice S. Manikumar and Justice Shaji P. Chaly dismissed a PIL filed by a social worker seeking a direction to authorities to complete the reconstruction work of the Perumbuzha bridge. Public Interest Litigation filed purely on the …

Kerala MBBS Fee : Supreme Court Restrains Implementation Of Fresh Report Of Regulatory Commission [Read Order]
4 years, 4 months ago

Kerala MBBS Fee : Supreme Court Restrains Implementation Of Fresh Report Of Regulatory Commission [Read Order]

Live Law  

The Supreme Court on Monday issued notice on a special leave petition filed by Karuna Medical College challenging the Kerala High Court judgment which set aside the fee fixed by the fee regulatory commission for the MBBS courses in self-financing colleges in Kerala.While issuing notice, a bench headed by the Chief Justice of India ordered that if the fee regulatory …

"Court Is Functioning Under Compelling Circumstances":Allahabad HC Dismisses Husband's Plea To Quash FIR Filed For Causing Injuries To Wife With Cost [Read Order]
4 years, 5 months ago

"Court Is Functioning Under Compelling Circumstances":Allahabad HC Dismisses Husband's Plea To Quash FIR Filed For Causing Injuries To Wife With Cost [Read Order]

Live Law  

The Allahabad High Court recently dismissed a plea with cost. The Bench of Justice Pankaj Naqvi and Justice Sanjay Kumar Pachori also expressed its anguish over the filing of this petition and noted that the Court was functioning under compelling circumstances wherein both Bar and Bench are putting their life at stake. It may be noted that on account of …

Writ Petition Under Article 226 Against NCLT Order Not Maintainable: Kerala HC [Read Judgment]
4 years, 6 months ago

Writ Petition Under Article 226 Against NCLT Order Not Maintainable: Kerala HC [Read Judgment]

Live Law  

The High Court of Kerala has held that writ jurisdiction under Article 226 cannot be invoked to challenge an order passed by the National Company Law Tribunal.Accordingly, a division bench comprising Chief Justice S Manikumar and Justice Shaji P Chaly set aside a judgment passed by a single bench, which granted a limited relief to a party in a challenge …

P&H HC Imposes Cost Of Rs. 1,00,000/- On Plea Filed Without Territorial Jurisdiction Only To 'Gain Benefit' Of Its Interim Order [Read Order]
4 years, 7 months ago

P&H HC Imposes Cost Of Rs. 1,00,000/- On Plea Filed Without Territorial Jurisdiction Only To 'Gain Benefit' Of Its Interim Order [Read Order]

Live Law  

The Punjab and Haryana High Court recently imposed exemplary costs on the Directors of a Mumbai-based company, who had appeared before it against disqualification order passed against them, only to reap benefits of a precedent set by the High Court, without there being territorial jurisdiction. There is also no averment in the present writ petition as to how any part …

Bombay HC Imposes Cost Of Rs 50K On Petitioner Firm For Abuse of Law By Filing Multiple Proceedings On Similar Grounds [Read Judgment]
6 years, 6 months ago

Bombay HC Imposes Cost Of Rs 50K On Petitioner Firm For Abuse of Law By Filing Multiple Proceedings On Similar Grounds [Read Judgment]

Live Law  

The Bombay High Court on Friday imposed a cost of Rs 50,000 on Vibagyor Texotech for filing multiple proceedings before different forums on similar grounds, thereby, abusing the process of law. The company owes Rs 53.46 crores to the State Bank of India.A division bench of Justice KK Tated and Justice SK Shinde was hearing a writ petition filed by …

When Association Files Writ Petition For Benefit Of Its Members, Court Fee Has To Paid For Each Member Of The Association- Kerala HC [Read Order]
6 years, 8 months ago

When Association Files Writ Petition For Benefit Of Its Members, Court Fee Has To Paid For Each Member Of The Association- Kerala HC [Read Order]

Live Law  

The Kerala High Court has held that when an association files a writ petition for the benefit of its members, court fee at the prescribed rate for each member of the association has to be paid. This was held by a Division Bench of Justice K. Vinod Chandran and Justice Ashok Menon in a petition filed by Maradu Meat Traders …

When Association Files Writ Petition For Benefit Of Its Members, Court Fee Has To Paid For Each Member Of The Association- Kerala HC [Read Order]
6 years, 8 months ago

When Association Files Writ Petition For Benefit Of Its Members, Court Fee Has To Paid For Each Member Of The Association- Kerala HC [Read Order]

Live Law  

The Kerala High Court has held that when an association files a writ petition for the benefit of its members, court fee at the prescribed rate for each member of the association has to be paid. This was held by a Division Bench of Justice K. Vinod Chandran and Justice Ashok Menon in a petition filed by Maradu Meat Traders …

Lawyers Routinely Giving Certificates For Filing Review Petitions Defeats Purpose Of Trusting Them With The Task: Delhi HC [Read Order]
6 years, 11 months ago

Lawyers Routinely Giving Certificates For Filing Review Petitions Defeats Purpose Of Trusting Them With The Task: Delhi HC [Read Order]

Live Law  

The Delhi High Court, on Tuesday, rapped litigants for making it a habit of filing review petitions without understanding whether the case was fit for it. This is being stated by this Court because filing of review petition has now become almost a habit with respect to certain litigants," Justice Valmiki J. Mehta observed.The Court also scorned. This is being …

Lawyers Routinely Giving Certificates For Filing Review Petitions Defeats Purpose Of Trusting Them With The Task: Delhi HC [Read Order]
6 years, 11 months ago

Lawyers Routinely Giving Certificates For Filing Review Petitions Defeats Purpose Of Trusting Them With The Task: Delhi HC [Read Order]

Live Law  

The Delhi High Court, on Tuesday, rapped litigants for making it a habit of filing review petitions without understanding whether the case was fit for it. This is being stated by this Court because filing of review petition has now become almost a habit with respect to certain litigants," Justice Valmiki J. Mehta observed.The Court also scorned. This is being …

SC Imposes Rs. 1 Lakh Cost On Kerala Govt For Not Filing Affidavit And Only Seeking Adjournments [Read Order]
7 years ago

SC Imposes Rs. 1 Lakh Cost On Kerala Govt For Not Filing Affidavit And Only Seeking Adjournments [Read Order]

Live Law  

The Supreme Court has imposed Rs. 1 lakh cost on Kerala for repeated adjournment of the case without filing affidavit.The bench of Justice Madan B Lokur and Justice Deepak Gupta were considering the state’s appeal against the Kerala High Court order which had ruled in favour of CBSE schools with respect to orders passed by the state containing several clauses …

SC Imposes Rs. 1 Lakh Cost On Kerala Govt For Not Filing Affidavit And Only Seeking Adjournments [Read Order]
7 years ago

SC Imposes Rs. 1 Lakh Cost On Kerala Govt For Not Filing Affidavit And Only Seeking Adjournments [Read Order]

Live Law  

The Supreme Court has imposed Rs. 1 lakh cost on Kerala for repeated adjournment of the case without filing affidavit.The bench of Justice Madan B Lokur and Justice Deepak Gupta were considering the state’s appeal against the Kerala High Court order which had ruled in favour of CBSE schools with respect to orders passed by the state containing several clauses …

Stop Filing Writ Petitions On Same Subject Or Get Punished For Contempt: SC Tells A Man Who Filed 16 Petitions [Read Orders]
7 years, 3 months ago

Stop Filing Writ Petitions On Same Subject Or Get Punished For Contempt: SC Tells A Man Who Filed 16 Petitions [Read Orders]

Live Law  

The Supreme Court of India has cautioned a man that he will be liable for punishment for contempt if he files yet another petition similar to 16 petitions he filed before Allahabad High Court.The Allahabad High Court had imposed cost of Rs.5 lakh on Ummed Ali Tyagi for abusing the process of the court by filing petitions repeatedly on the …

Delhi HC Imposes 50k As Costs For “Forum Hunting” By Filing Writ Petition Against Order Flowing From Arbitral Appeal [Read Order]
7 years, 8 months ago

Delhi HC Imposes 50k As Costs For “Forum Hunting” By Filing Writ Petition Against Order Flowing From Arbitral Appeal [Read Order]

Live Law  

The Delhi High Court on Monday levied costs of Rs. 50,000 on a private company which, it opined, indulged in “forum hunting” by filing a Writ Petition indirectly against an order delivered in an Appeal under Section 37 of the Arbitration and Conciliation Act.Justice Vibhu Bakhru reiterated that a Petition under Article 226 of the Constitution of India is not …

Delhi HC Imposes 50k As Costs For “Forum Hunting” By Filing Writ Petition Against Order Flowing From Arbitral Appeal [Read Order]
7 years, 8 months ago

Delhi HC Imposes 50k As Costs For “Forum Hunting” By Filing Writ Petition Against Order Flowing From Arbitral Appeal [Read Order]

Live Law  

The Delhi High Court on Monday levied costs of Rs. 50,000 on a private company which, it opined, indulged in “forum hunting” by filing a Writ Petition indirectly against an order delivered in an Appeal under Section 37 of the Arbitration and Conciliation Act.Justice Vibhu Bakhru reiterated that a Petition under Article 226 of the Constitution of India is not …

No One Who Does Not Understand The Nicety Of Legal Issues Can Be Permitted To Endlessly Waste Court Time: SC [Read Judgment]
7 years, 9 months ago

No One Who Does Not Understand The Nicety Of Legal Issues Can Be Permitted To Endlessly Waste Court Time: SC [Read Judgment]

Live Law  

On May 1, the Supreme Court’s three-Judge bench headed by the Chief Justice of India, J.S.Khehar, had imposed exemplary cost of Rs.25 lakh on the NGO, Suraz India Trust, for filing frivolous petitions, and wasting judicial time, and restrained the trust and its chairman, Rajiv Daiya, from filing any case, including PIL, in any court.On June 22, the bench gave …

Bombay HC Judge Js. GS Patel Imposes ‘Reasonable’ Cost Of Rs. 184 For Petition Withdrawal [Read Order]
7 years, 11 months ago

Bombay HC Judge Js. GS Patel Imposes ‘Reasonable’ Cost Of Rs. 184 For Petition Withdrawal [Read Order]

Live Law  

Justice GS Patel of the Bombay High Court has his ways of using his wit and humour to elucidate some specific points and that many-a-times are by way of orders.Advocate Cyrus Ardeshir, who was appearing for petitioners in an arbitration petition filed in 2017, sought liberty to file a fresh petition and withdraw the earlier one.The reason given for such …

Kerala HC Refuses Sessions Judge’s Plea To Expunge Critical Remarks Made Against His Approach To Criminal Trial [Read Judgment]
7 years, 11 months ago

Kerala HC Refuses Sessions Judge’s Plea To Expunge Critical Remarks Made Against His Approach To Criminal Trial [Read Judgment]

Live Law  

“None of those observations shall stand in the way of career progression of the judge in any manner,” the bench clarified.A division bench of Kerala High Court has refused a judge’s plea to expunge certain remarks made in a judgment in which some critical observations were made against him, though it clarified that none of those observations shall stand in …

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