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Ramammal Vs. Vijayaraghavalu Naidu and anr. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Reported in140Ind.Cas.530; (1932)63MLJ867
AppellantRamammal
RespondentVijayaraghavalu Naidu and anr.
Excerpt:
- order1. this petition is withdrawn. we very much regret to come to the conclusion that we have no power to grant costs proprio motu. in some ways perhaps it is to be regretted that we have not because a lot of these applications are so thoroughly frivolous - i do not say anything about this one - that i think that the losers ought to' be penalised for vexatious proceedings. however, costs are a creature of statute or statutory rules and in the absence of either in this case, we must hold that we have no jurisdiction to award costs.
Judgment:
ORDER

1. This petition is withdrawn. We very much regret to come to the conclusion that we have no power to grant costs proprio motu. In some ways perhaps it is to be regretted that we have not because a lot of these applications are so thoroughly frivolous - I do not say anything about this one - that I think that the losers ought to' be penalised for vexatious proceedings. However, costs are a creature of statute or statutory rules and in the absence of either in this case, we must hold that we have no jurisdiction to award costs.


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