Supreme Court of India

Sanjeev Kumar Jain v. Raghubir Saran Charitable Trust & Ors.

Neutral citation

Reported as [2011] 12 S.C.R. 744

Bench R.V. Raveendran and A.K. Patnaik JJ.

Decided 12 October 2011

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

2 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the above, the order dated 20.1.2010 of the H 780 SUPREME COURT REPORTS [2011] 12 S.C.R. A High Court, to the extent it levies costs of ' 45,28,000/-on the appellant is set aside and in its place it is directed that the appellant shall pay the costs of the appeal before the High Court as per Rules plus ' 3000/- as exemplary costs to the c respondents.

Judgment, page 36

From the headnote

CODE OF CIVIL PROCEDURE, 1908: c s. 35(1), CPC read with Chapters 11, 5 and 23 of Delhi High Coult Rules - Costs - Appeal against vacating of an interim order - Dismissed by High Coult with costs of Rs. 45, 28, 0001- - Appeal to Supreme Coult confined only to legality and validity of order of High Court as regards costs - 0 The Court also referred to the larger question of costs in civil litigation - The Law Commission of India also intervened - Notices were also issued to High Coutts to ascerlain the Rules and procedures in force in regard to costs - HELD: High Court could not have awarded

Authorities it was built on

2005 Salem Advocate Bar Association, Tamil Nadu v. Union of India cited by 19
2009 Union of India v. M/s. Singh Builders Syndicate cited by 9
2010 Vinod Seth v. Devinder Bajaj and Anr. cited by 8
2009 Ashok Kumar Mittal v. Ram Kumar Gupta & Anr. cited by 2

Where later benches applied it

2022 Oil and Natural Gas Corporation Ltd v. Afcons Gunanusa Jv referred to
2021 Uflex Ltd. v. Government of Tamil Nadu & Ors. referred to

Of those, 2 referred to

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