Anonymous
15 November 2010 at 18:30
cpc 1908
35A. 35A. Compensatory costs in respect of false or vexatious claims or defenses. Compensatory costs in respect of false or vexatious claims or defenses.
1 [Compensatory costs in respect of false or vexatious claims or defenses. 1 [Compensatory costs in respect of false or vexatious claims or defenses.
(1) If any suit or other proceedings 2 [including an execution proceedings but 3 [excluding an appeal or a revision]] any party objects to the claim of defence on the ground that the claim or defence or any part of it is, as against the objector, false or vexatious to the knowledge of the party by whom it has been put forward, and if thereafter, as against the objector, such claim or defence is disallowed, abandoned or withdrawn in whole or in part, the Court, 4 [if it so thinks fit] may, after recording its reasons for holding such claim or defence to be false or vexatious, make an order for the payment the object or by the party by whom such claim or defence has been put forward, of cost by way of compensation. (1) If any suit or other proceedings 2 [Including an execution proceedings but 3 [excluding an appeal or a revision]] any party objects to the claim of defense on the ground That the claim or defense or any part of it is, as against the objector, false or vexatious to the knowledge of the party by whom it has been put forward, and if thereafter, as against the objector, Such a claim or defense is disallowed, Abandoned or Withdrawn in whole or in part, the Court, 4 [if it so thinks fit] may, after recording its Reasons for holding Such a claim or defense to be false or vexatious, make an order for the payment the object or by the party by whom Such a claim or defense has been put forward, of cost by way of compensation.
(2) No Court shall make any such order for the payment of an amount exceeding 5 [three thousand rupees] or exceeding the limits of it pecuniary jurisdiction, whichever amount is less: (2) No Court Marshall Such make any orders for the payment of an amount exceeding 5 [three thousand rupees] or exceeding the limits of it pecuniary jurisdiction, whichever amount is less:
Provided that where the pecuniary limits of the jurisdiction of any Court exercising the jurisdiction of a Court of Small Causes under the Provincial Small Cause Courts Act, 1887 (9 of 1887) 6 [or under a corresponding law in force in 7 [any part of India to which the said Act does not extend]] and not being a Court constituted 8 [under such Act or law], are less than two hundred and fifty rupees, the High Court may empower such Court to award as costs under this section any amount not exceeding two hundred and fifty rupees and not exceeding those limits by more than one hundred rupees: Nowhere That provided the pecuniary limits of the jurisdiction of any Court exercising the jurisdiction of a Court of Small Causes under the Provincial Small Cause Courts Act, 1887 (9 of 1887) 6 [or under a corresponding law in force in 7 [any part of India to the which the said Act does not extend]] and not being a Court constituted 8 [unders Such Act or law], are Less than two Hundred and fifty rupees, the High Court May empower Such Court to award as costs under this section any amount not exceeding two Hundred and fifty rupees and not exceeding those limits by More Than One Hundred rupees:
Provided, further, that the High Court may limit the amount or class of Courts is empowered to award as costs under this Section. Provided, Further, that the High Court May limit the amount or class of Courts is Empowered to award as costs under this Section.
(3) No person against whom an order has been made under this section shall, by reason thereof, be exempted from any criminal liability in respect of any claim or defence made by him. (3) No person against whom the order has been made under this section of Marshall, by reason thereof, be exempted from any criminal liability in respect of any claim or defense made by uterus.
(4) The amount of any compensation awarded under this section in respect of a false or vexatious claim or defence shall be taken into account in any subsequent suit for damages or compensation in respect of such claim or defence.] (4) The amount of any compensation awarded under this section in respect of a false or vexatious claim or defense Marshall be taken into account in any subsequent suit for damages or compensation in respect of Such a claim or defense.]
crpc 1973--
250. 250. Compensation for aceusation without reasonabie cause. Compensation for aceusation reasonabie without cause.
(1) lf in any case instituted upon complaint or upon information given to a police officer or to Magistrite, one or more persons is or are acccused before a Magistrate of any offence triable by a Magistrate, and the Magistrate by whom the case is beard discharges or acquits all or any of the accused, and is of opinion that there was no reasonabie ground for making the accusation against them or any of them, the Magistrate may, by his orde of discharge or accuital , if the person upon whose complaint or information or the accusation is present, call upon him forth how cause why y be should not pay compensation to such accused or to cach or any of such accused when there are more than one or, if such peson is not present direct the issue of a summons to him to appear and show cause as aforesaid. (1) lf in any case instituted upon complaint or upon information given to a police officer or to Magistrite, one or more persons is or are acccused before a Magistrate of any offence triable by a Magistrate, and the Magistrate by whom the case is Beard discharges or acquits all or any of the accused, and is of opinion That there was no reasonabie ground for making the accusation against Them or any of Them, the Magistrate may, by his order of discharge or accuital, if the person upon whose complaint or information or the accusation is present, call upon him forth y-some-how cause why Should not pay compensation to Such accused or to Cach or any of Such accused Pls there are More Than one or, if Such peson is not present direct the issue of a summons to uterus to Appear and show cause as aforesaid.
(2) The Magistrate shall record and consider any cause which such complainant or informant may show, and if he is satisfied that there was no reasonable ground for making the accusation, may for reasons to be recorded, máke an order that compensatÃon to such amount not exceeding the amount of fine he is empowered to impose, as he may determine, be paid by such complainant or informant to the accused or to each or any of them. (2) The Magistrate Marshall records and the which cause Such Consider any complainant or informant May show, and if he is satisfied That there was no reasonable ground for making the accusation, may for Reasons to be Recorded, make an order That compensation to Such amount not exceeding the amount of the fine he is Empowered to impose, as he May determine, be paid by Such complainant or informant to the accused or to EACH or any of Them.
(3) The Magistrate may, by the order directing payment of the compensation under sub-section (2) further order that, in default of payment, the person ordered to pay such compensation shall under go simple imprisonment for a period not exceeding thirty days. (3) The Magistrate may, by the order directing payment of the compensation under sub-section (2) Further orders that, in default of payment, the person ordered to pay Marshall Such compensation under go simple imprisonment for a period not exceeding thirty days .
(4) When any person is imprisonment under sub-section (3), the provisions of sections 68 and 69 of the lndiail Penal Code (45 of 1860) shall, so far as may be, apply. (4) When any person is imprisonment under sub-section (3), the provisions of sections 68 and 69 of the lndiail Penal Code (45 of 1860) Marshall, so far as May be, apply.
(5) No person who has been directed to pay compensation under this section shall, by reason of such order, be exempted from any civil or criminal liability in respect of the complaint made or information given by him: (5) No person WHO has been directed to pay compensation under this section of Marshall, by reason of Such an order, be exempted from any civil or criminal liability in respect of the complaint made or information given by uterus:
Provided that any amount paid to an accused person under this section shall be taken in to account in awarding compensation to such person in any subsequent civil suit relating to the ssame matter. Provided That any amount paid to an accused person under this section of Marshall be taken in to account in awarding compensation to Such person in any subsequent civil suit relating to the ssame matter.
(6) A complainant or informant who has been ordered under sub-section (2) by a Magistrate of the second class to pay compensation exceeding one hundred rupees, may appeal from the order as if such complainant or infonnant had been convieted on a trial had by such Magistrate. (6) A complainant or informant WHO has been ordered under sub-section (2) by a Magistrate of the second class to pay compensation exceeding One Hundred rupees, may appeal from the order as if complainant or infonnant Such convieted Had been on a trial Had by Such Magistrate.
(7) When an order for payment of compensation to an accused person is made in a case which is subject to appeal under sub-section (6), the compensation shall not be paid to him before the period allowed for the presentation of the appeal has elapsed, or, if an appeal is presented, before the appeal has been decided; and where such order is made in a case which is not so subject to appeal the compensation shall not be paid before the expiration of one month from the date of the order. (7) When an order for payment of compensation to an accused person is made in a case the which is subject to appeal under sub-section (6), Marshall notes some of the compensation paid to uterus before the period allowed for the presentation of the appeal has elapsed, or, if an appeal is presented, before the appeal has been decided; and Nowhere Such an order is made in a case the which is not so subject to appeal the compensation Marshall not be paid before the expiration of one month from the date of the order.
(8) The provisions of this section apply to summons-cases as well as to warrant cases. (8) The provisions of this section apply to summons-cases as well as to warrant cases.
query---
after acquital which more will beneficial?
Anonymous
15 November 2010 at 17:44
My neighbour's five coconut trees are leaning towards my property. I then approached the authorities after my polite requests, to cut the trees, fell on deaf ears. The Appellate and Compounding Authority Conservator of Forests – Panaji, Goa gave orders to my neighbour to cut two deceased coconut trees and one healthy tree that was completely leaning towards my property. The court also in the order stated that the remaining two coconut trees be pulled away from my property by using ropes and then tie the ropes to a strong anchorage, failing which even those two coconut trees would have to be cut.
My neighbour then filed a criminal writ petition against the above order at the Goa bench of Bombay High Court. After two hearings the High Court passed an order to cut only the two deceased coconut trees and that the remaining three coconut trees could stand because they are healthy. The trees are causing nuisance and posing a danger to life and property. The coconut fruits of these three trees fall in my property at my entrance posing danger to life. What should I do now?
Anonymous
15 November 2010 at 15:30
Dear Sir,
We (4 Sisters & 2 brother) are having undivided share of my father's property. My sister is maintaining the property, and one of our house was given for rent @ 1100/- per month and we have taken advance of Rs. 6000/- in the year 2007. We have requested the tenant to vacate the house now, we had talk and he asked as time for 5 months we have also given. But he has sent a legal notice saying that he was paid advance for Rs. 60000/- and for the rent @ Rs. 400/- p.m and agreed to stay him up to 2014, So he will not vacate the house.
Now what i can do?
Pl guide me.
Anonymous
15 November 2010 at 13:56
is it possible to sue damages recovery for in law under the law of tort where wife and her parents falsely implicated to husband and his family u/s 498a of ipc and false allegations of misappropriation of stridhan.
Newbie Newbie
15 November 2010 at 13:41
hi,
a friend of mine took a postpaid mobile connection by my name / address proof and was using it for the past 5+ years, from the last 4-5 months he was not paying the bills and his connection was disconnected. last week i got a notice from lokadalat to appear before lokadalat court. i told my friend to pay the bill, but he is not willing to pay and says that he did not use the mobile for the last 4-5 months and now my friend is not responding to my calls / email. what happens if i do not go to the court. the amount pending is Rs. 1800. will the company be willing to write-off the amount and not pursue any further case. please advise. also can i file a case against my friend for cheating. what is the procedure. plz let me know
Anonymous
15 November 2010 at 11:15
Resp. Experts:
Builder has JDA with land owners but NO explicit GPA to sell his share of flats and corresponding Undivided Share of Land. Land Owners are refusing to transfer title to buyers on ground of no GPA with builder and other possibly malafide grounds like non-receipt of OC (Occupancy Certificate). Buyers have paid huge advances and some even full payment to builder and builder has given possession but is not able to register and convey title/transfer khata. Please tell me way out of this muddle? Is a seperate GPA necessary in favour of builder? JDA however has clause to that effect implied viz., that he (builder) CAN sell his share of flats.
Is OC a stautory requirement for registration? It can be taken even after title is transfered, is it not?
Confused pls help.
ess
15 November 2010 at 08:15
What is the difference between admissibility and maintainability of a petition ?
arsh
14 November 2010 at 21:45
Due to motor Accident if any person seriously injured and hospitalized and hospitalizations expenditure is very large around 5 to 6 lakhs.and after hospitalizations he survived and become normal without injury.
Then can he get compensation under motor vehicle act?
If yes under which section? and is there any limit?if not what any provision to compensate this loss?
Anonymous
14 November 2010 at 18:29
Learned Lawyers,
A day before yesterday, highly volt aged wires have been made to pass over in the middle of & about 8-9 meters above my allotted land by reinstalling new electric post,in spite of my request, which otherwise was passing through side by my land till two days before.As the wire is highly charged, there naturally attached a risk of...
If the authority refuses to relocate the electric post/wiring, what should I do?
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