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Claiming of Charges done by an Employee to Defend Wrong Allegations

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Claiming of Charges done by an Employee to Defend Wrong Allegations | Section 35, 35(A) and 95(2) Civil Procedure Code 1908

Claiming of Charges done by an Employee to Defend Wrong Allegations | Section 35, 35(A) and 95(2) Civil Procedure Code 1908

35.-(l) Subject to such conditions and limitations as may be prescribed, and to the provisions of any law for the time being in force, the costs of an incident to all suits shall be in the discretion of the Court, and the Courts shall have full power to determine by whom or out of what property and to what extent such costs are to be paid, and to give all necessary directions for the purposes aforesaid. The fact that the Court has no jurisdiction to try the suit shall be no bar to the exercise of such powers.

(2) Where the Court directs that any costs shall not follow the event, the Court shall state its reasons in writing.

(3) The Courts may give interest on costs at any rate not exceeding six per cent per annum, and such interest shall be added to the Costs and shall be recoverable as such.

[35-A.-(l) If in any suit or other proceeding 2[including an execution proceeding)], not being an appeal, any party objects to the claim or defence on the ground that the claim or defence or any part of it is, as against the objector, false or vexatious to the knowledge of the party by whom it has been put forward, and if thereafter, as against the objector, such claim or defence is disallowed, abandoned or withdrawn in whole or in part, the court, if the objection has been taken at the earliest opportunity and if it is satisfied with the justice thereof, may, after recording its reasons for holding such claim or defence to be false or vexatious, make an order for the payment to the objector by the party by whom such claim or defence has been put forward, of costs by way of compensation.

(2) No Court shall make any such order for the payment of an amount exceeding 3[twenty five thousand] rupees or exceeding the limits of its pecuniary jurisdiction, whichever amount is less;
Provided that where the pecuniary limits of the jurisdiction of any Court exercising the jurisdiction of a Court of Small Causes under the Provincial Small Cause Courts Act, 1887, and not being a Court constituted under that Act are less than two hundred and fifty rupees, the High Court may empower such Court to award as costs under this section any amount not exceeding two hundred and fifty rupees and not exceeding those limits by more than one hundred rupees:

Provided further, that the High Court may limit the amount which any Court or class of Courts is empowered to award as costs under this section.

(3) No person against whom an order has been made under this section shall, by reason thereof, be exempted from any criminal liability in respect of any claim or defence made by him.

(4) The amount of any compensation awarded under this section in respect of a false or vexatious claim or defence shall be taken into account in any subsequent suit for damages or compensation in respect of such claim or defence.]

95.-(1) Where, in any suit in which an arrest or attachment has been effected or a temporary injunction granted under the last preceding section.

(a) it appears to the Court that such arrest, attachment or injunction was applied for on insufficient grounds, or;

(b) the suit of the Plaintiff fails and it appears to the Court that there was no reasonable or probably ground for instituting the same; the defendant may apply to the Court, and the Court may, upon such application, an award against the plaintiff by its order such amount, not exceeding [ten thousand] rupees, as it deems a reasonable compensation to the defendant for the expense of injury caused to him:

Provided that a Court shall not award, under this section, an amount exceeding the limits of its pecuniary jurisdiction.

(2) An order determining any such application shall bar any suit for compensation in respect of such arrest, attachment or Injunction.

Source: Code of Civil Procedure, 1908.

Claiming of Charges done by an Employee to Defend Wrong Allegations | Section 35, 35(A) and 95(2) Civil Procedure Code 1908  - allpaknotifications.com
Claiming of Charges done by an Employee to Defend Wrong Allegations | Section 35, 35(A) and 95(2) Civil Procedure Code 1908

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