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january 2009

Supreme Court of India · 2009-01-09

ASHOK KUMAR MITTAL vs RAM KUMAR GUPTA

Citation / case number
SC 2008/37229
Court
Supreme Court of India
Petitioner
ASHOK KUMAR MITTAL
Respondent
RAM KUMAR GUPTA
Author
R.V. RAVEENDRANM. PANCHAL, , ,
Bench
R.V. RAVEENDRAN,J.M. PANCHAL, , ,

Judgment text excerpt

The Supreme Court upheld the High Court's decision to impose exemplary costs of Rs. 1,00,000 on both the petitioner and respondents, despite the petitioner's argument that such costs exceeded the limits set by Section 35 and Section 35A of the Code of Civil Procedure. The Court clarified that while the award of costs is discretionary, it must adhere to the provisions of the Code, which limits compensatory costs for vexatious claims to Rs. 3,000. The Court found no merit in the appeal and ruled that the concurrent findings of the lower courts did not warrant interference.

ASHOK KUMAR MITTAL vs RAM KUMAR GUPTA · Niyam