Civil Procedure Code, 1908, Section 35(2) -- Imposition of cost - When S.35(2) provides for cost to follow the event, it is implicit that the cost have to be those which are reasonably incurred by a successful party except in those cases where the Court in its discretion may direct otherwise by recording reasons therefrom...........
Civil Procedure Code, 1908, Section 96 -- Insurance claim - Delay in payment - Claim was filed by plaintiff in the year 1972 - Defendant/appellants have still not paid the amount to plaintiff - No case made out by defendant that doctor examined on behalf of plaintiff had given a wrong report - Age of deceased also supported by Matriculation certificate - There was no..........
Punjab Panchayati Raj Act, 1994, Section 20 -- Suspension of Sarpanch - Imposition of cost on concerned authorities - Enquiry commenced against petitioners since they were pursuing their action to dislodge elected Sarpanch - BDPO acted against petitioners to suspend them so that they are not able to participate in election to elect new Sarpanch - Official respondents acted..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Amendment application moved after commencement of trial to correct some typographical error in mentioning the numbers of cheques - Held, proposed amendment of plaint and replication has been rightly allowed - Since amendment application was moved long after commencement of trial, therefore, the cost..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Typographical error - Word `stated' sought to be amended with the word `denied' - Error is apparent when written statement is read as a whole - Proposed amendment rightly allowed - Cost enhanced to Rs.5,000/- as amendment was sought at the fag end of trial...........
Punjab Municipal Act, 1911, Section 3(1)(a) -- House Tax - Where land or building is occupied by owner, then house tax is to be assessed on annual value with five per cent on sum obtained by adding present market value of land and estimated cost of estimated cost of erecting building less ten per cent depreciation - However, where building is let out, then house tax to be..........
Criminal Procedure Code, 1973, Section 125, 127 -- Maintenance - Enhancement of - Court below has not considered the salary received by husband - Enhancement made by Court below is inadequate - Held, considering the entire circumstances, rise in inflation, cost of living and also considering the salary of husband, which keeps increasing every year by way of increment and..........
Indian Penal Code, 1860, Section 354 -- Outraging modesty of woman - Proof - Nothing is forthcoming from evidence on record to show that due to enmity or happening of some untoward incident with victim by family members of accused, she lodged false complaint - Evidence of victim is found quite natural and there is no reason to discard her evidence - Held, looking to the..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Delay in filing - Imposition of costs - Held, delay can be condoned by ordering costs to opposite party - Lower Court has awarded a cost of Rs.500/- which can be enhanced to Rs.2000/- - Respondent directed to pay additional cost of Rs.1500/- to petitioner/plaintiff...........
Civil Procedure Code, 1908, Section 35, 35A, Hindu Marriage Act, 1955, Section 13(1)(B) -- Cost - Divorce - Obtained by husband by playing fraud - Decree set aside with exemplary cost of Rs.2 lakh...........
