SATYAPAL SINGH versus UNION OF INDIA & ANR.

SATYAPAL SINGH versus UNION OF INDIA & ANR.

Levy of exemplary costs on the petitioner was unwarranted in absence of findings of fraud, misrepresentation, or suppression; costs imposed merely for securing interim orders and approaching the court, when appellate court did not levy costs upon appeal dismissal, is improper.

Parties
Petitioner: Satyapal Singh; Respondents: Union of India & Anr.
Jurisdiction
India
Judgment Date
23 November 2009
Procedural Posture
Special Leave Petition (civil) / Final Disposition
Outcome
Special Leave Petition dismissed; direction for payment of exemplary costs deleted.
Legal Topics
Imposition of Costs, Eviction From Government Accommodation
Civil Procedure Imposition of Costs Eviction From Government Accommodation

Case Brief

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Parties

Satyapal Singh

Petitioner

Union of India & Anr.

Respondents

Procedural Posture

Special Leave Petition (civil) / Final Disposition

Legal Issues

  1. 1 Whether the High Court was justified in levying exemplary costs of Rs.50,000/- on the petitioner while dismissing his writ petition challenging eviction from government accommodation.

Ratio Decidendi

Levy of exemplary costs on the petitioner was unwarranted in absence of findings of fraud, misrepresentation, or suppression; costs imposed merely for securing interim orders and approaching the court, when appellate court did not levy costs upon appeal dismissal, is improper.

Court Disposition

Special Leave Petition dismissed; direction for payment of exemplary costs deleted.

Orders

  • Direction for payment of exemplary costs of Rs.50,000/- deleted.
  • Special Leave Petition dismissed (subject to deletion of exemplary costs).