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case_law:cost_to_legal_services_authorities

Cost to Legal Services Authorities

Court Supreme Court
Case No C. C. No. 18257 of 2009
Date 23/11/2009
Citation AIR 2010 SC 1138

Costs may be justifiably made payable to the High Court Legal Services Committee or other Legal Services Authorities, where before the other side is served or represented, the Court wants to penalise a petitioner for lapses / omissions / delays

The costs may be justifiably made payable to the High Court Legal Services Committee or other Legal Services Authorities, where before the other side is served or represented, the court wants to penalise a petitioner for lapses / omissions / delays, as for example, where the petitioner fails to pay the process fee for service of respondents, or fails to cure defects or comply with office objections, or where there is delay in refiling of petitions. Once the other side is represented, the costs levied by reason of any attempt by a party to delay the proceedings, should normally be for the benefit of the other party who has suffered due to such conduct. Only where both the parties are at fault, costs may be ordered to be paid to Legal Services Authority. At all events, the power to levy exemplary costs, it is needless to say, should be used sparingly to advance justice. It should not be threatening and oppressive.


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Created on 2020/10/19 23:12 by • Last modified on 2020/11/07 18:32 (external edit)