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october 2011

Supreme Court of India · 2011-10-12

SANJEEV KUMAR JAIN vs RAGHUBIR SARAN CHARITABLE TRUST .

Citation / case number
SC 2010/5015
Court
Supreme Court of India
Petitioner
SANJEEV KUMAR JAIN
Respondent
RAGHUBIR SARAN CHARITABLE TRUST .
Author
A.K. PATNAIK R.V. RAVEENDRAN
Bench
A.K. PATNAIK R.V. RAVEENDRAN

Judgment text excerpt

The Supreme Court analyzed the High Court's order directing the appellant to pay costs of ₹45,28,000 to the respondents, concluding that the award was not a consent order as there was no agreement on the specific amount. The Court emphasized that while Section 35 of the Code of Civil Procedure, 1908 grants discretion to the Court regarding costs, the actual amount awarded must be assessed properly. The Court held that the High Court's determination of costs was erroneous and contrary to law, leading to the quashing of the costs order.

SANJEEV KUMAR JAIN vs RAGHUBIR SARAN CHARITABLE TRUST . · Niyam