Civil Procedure Code, 1908, Section 35 -- Costs - If there are any conditions or limitations prescribed in the Code or in any rules, the Court, obviously, cannot ignore them in awarding costs...........
Civil Procedure Code, 1908, Section 35 -- Costs - As the law presently stands, there is no provision for award of `actual costs' and the award of costs will have to be within the limitation prescribed by S.35 CPC...........
Civil Procedure Code, 1908, Section 35 -- Costs - Actual realistic cost - The actual realistic cost should have a correlation to costs which are realistic and practical - It cannot obviously refer to fanciful and whimsical expenditure by parties who have the luxury of engaging a battery of high-charging lawyers - Supreme Court suggested that Rules be amended to provide for..........
Civil Procedure Code, 1908, Section 35 -- Costs - Unless the Courts develop the practice of awarding costs in accordance with S.35 (that is, costs following the event) and also give reasons where costs are not awarded, the object of the provision for costs would be defeated...........
Civil Procedure Code, 1908, Section 35A -- Compensatory costs - Unless the compensatory costs is brought to a realistic level, the present provision authorizing levy of an absurdly small sum by present day standards may, instead of discouraging such litigation, encourage false and vexatious claims - Legislature may consider award of `punitive costs' under section 35A CPC...........
Civil Procedure Code, 1908, Section 9, Land Acquisition Act, 1894, Section 4, 6 -- Challenge to validity or legality of notification u/s 4 and declaration u/s 6 of Land Acquisition Act - Jurisdiction of Civil Court - Held, since Land Acquisition Act is a complete code, by necessary implication power of Civil Court to take cognizance of a case u/s 9 of the CPC stands..........
Civil Procedure Code, 1908, Order 47, Rule 5 -- Review - By the same Judge/Judges, Bench - If the Judges who made the order in regard to which review is sought continue to be the Judges of the court, they should hear the application for review and not any other Judges unless precluded by death, retirement or absence from the Court for a period of six months from the date..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of Civil Court - Exclusion of - Held, jurisdiction of Civil Court to entertain any suit of a civil nature arising under a statute can be excluded only when cognizance is expressly or impliedly barred by the statute which gives rise to such suits...........
Civil Procedure Code, 1908, Section 11, Order passed -- without jurisdiction - Applicability of principle of Res judicata - Held, an order passed without jurisdiction would be a nullity - It will be a coram non judice and non est in the eye of law - Principle of res judicata would not apply to such cases...........
Civil Procedure Code, 1908, Order 41, Rule 14 -- Appeal allowed without even issuing notice to respondents - Impugned order set aside - Matter remitted for decision afresh after hearing both the parties...........
