Category: Civil

Civil

Problems afflicting ‘Costs’ under Section 35 of Civil Procedure Code, 1908

Costs in civil litigation refer to the sum of money which the court orders one party to pay to another in respect of the expenses incurred during litigation.[1] The provisions relating to it are enshrined in the Civil Procedure Code, 1908 as part of S. 35, 35-A and 35-B, which lay out how and under what circumstances Courts can impose costs on the parties. Despite … Continue reading Problems afflicting ‘Costs’ under Section 35 of Civil Procedure Code, 1908

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Civil

Recording of Reasons : Grant of ex-parte Injunction

Recording of Reasons to grant an Ex parte injunction without noticing the opponent is not merely a formal requirement but is a mandatory requirement that every Court is supposed to follow when the court purposes to grant Ex parte injunction. This aspect was properly dealt with by the Supreme Court in Shiv Kumar v. MCD,1993 SCR (3) 522 which stated, “The requirement for recording the … Continue reading Recording of Reasons : Grant of ex-parte Injunction

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