Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Balaji Bakthavathsal (+919444448455)     23 August 2020

Penalty under section 35-a of cpc

When a civil suit on a property is filed, the court fee is charged based on the property value, if I am right. But if the court finds that the suit filed so is a false one, it imposes a penalty of mere Rs. 3500/- (Rupees Three Thousand Five Hundred only) under section 35-A of CPC. While a Consumer Forum imposes penalty in lakhs, for a faulty or defective services the penalty of Rs. 3500/  for a civil suit is totally unjustified ? Need to hear your valuable comments.



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 3 Replies

P. Venu (Advocate)     24 August 2020

What are the facts? What is the context?

Dr J C Vashista (Advocate)     24 August 2020

Section 35A of Code of Civil Procedure 1908 provides for compensatory costs in respect of false or vexatious claims or defenses. which is totally different to consumer fora.

Imposing cost is totally discretionary.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Balaji Bakthavathsal (+919444448455)     28 August 2020

Respected Vashista Sir,

I fully agree that the court has its own discretionary power to impose the costs towards a false & vexatious suit. My question is why not the ceiling limit is increased in Section-35A ? While in one of the false & vexatious suit, the Delhi High Court has imposed a cost of Rs. 2 Lacs. for abusing the process of law under RFA 658 / 2017 dated 28th July 2017.


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