web analytics

Menu

Skip to content
Shades of Knife
  • Home
  • True Colors of a Vile Wife
  • Need Inspiration?
  • Blog Updates
  • SOK Gallery
  • Vile News Reporter
  • About Me
  • Contact Me

Shades of Knife

True Colors of a Vile Wife

Tag: Mary Angel and Ors Vs State Of Tamil Nadu

Mary Angel & Ors Vs State Of Tamil Nadu on 13 May, 1999

Posted on October 2, 2018 by ShadesOfKnife

In this landmark judgment related to awarding of costs by High Courts and below courts under CrPC 482, the Hon’ble Supreme Court held that,

Section 148(3) provides that when any costs have been incurred by any party to a proceeding under Section 145, Section 146 or Section 147, the Magistrate passing a decision may direct by whom such costs shall be paid, whether by such party or by any other party to the proceeding, and whether in whole or in part or proportion and such costs may include any expenses incurred in respect of witnesses and of pleaders’ fees, which the Court may consider reasonable.

Section 342 provides that any Court dealing with an application made to it for filing a complaint under Section 340 or an appeal under Section 341, shall have power to make such order as to costs as may be just.

Section 357 provides for payment of compensation to the victim for any loss or injury caused by the offence or in case of death to the heirs of the victims out of the fine imposed and while awarding compensation court has to take into consideration, inter alia, the expenses properly incurred in the prosecution.

Section 358 provides for payment of compensation where any person causes a police officer to arrest another person, without sufficient ground for causing such arrest, then compensation can be awarded by the Magistrate not exceeding Rs. 100/-.

Further, Section 359 empowers the Court to order payment of cost to the complainant in non cognizable case, if it convicts the accused and in such case, the Court can pass an order for payment of costs incurred by the complainant in the prosecution of the case and such costs may include any expenses incurred in respect of process fees, witnesses and pleaders fees which the Court considers reasonable.

And then,

In appropriate cases, where it is necessary to pass such order, Court may award costs for the purposes, namely,

(i) to give effect to any order passed under the Court

(ii) to prevent abuse of the process of any Court and

(iii) to secure the ends of justice as there is no
(i) negative provision for exercise of such power and (ii) inconsistency with the other provisions.

Further, awarding of costs, as stated above, can be for two purposes, one for meeting the litigation expenses and, secondly, for preventing the abuse of the process of Court or to do justice in a matter and in such circumstances, costs can be exemplary.

Final order

In the result, we hold that while exercising inherent jurisdiction under Section 482, Court has power to pass such orders (not inconsistent with any provision of the Code) including the order for costs in appropriate cases, (i) to give effect to any order passed under the Code or
(ii) to prevent abuse of the process of any Court or
(iii) otherwise to secure the ends of justice.
As stated above, this extraordinary power is to be used in extrao rdinary circumstances and in a judicious manner. Costs may be to meet the litigation expenses or purposes can be exemplary to achieve the aforesaid In view of the aforesaid findings, this appeal is dismissed.

Mary Angel & Ors Vs State Of Tamil Nadu on 13 May, 1999

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged CrPC 482 - Costs Awarded Landmark Case Legal Procedure Explained - Interpretation of Statutes Mary Angel and Ors Vs State Of Tamil Nadu Sandeep Pamarati | Leave a comment

Search within entire Content of “Shades of Knife”

My Legal Twitter Timeline

Tweets by @SandeepPamarati

My MRA Twitter Timeline

Tweets by @Shadesofknife

Recent Posts

  • Bijumon and Ors Vs The New India Assurance Co on 28 Feb 2023 March 9, 2023
  • Jai Prakash Tiwari Vs State of Madhya Pradesh on 04 Aug 2022 March 8, 2023
  • Ayush Mahendra Vs State of Telangana on 05 Jan 2021 March 8, 2023
  • Premchand Vs State of Maharashtra on 03 Mar 2023 March 8, 2023
  • Vibhor Garg Vs Neha March 5, 2023

Most Read Posts

  • Bar Council of India Vs Bonnie Foi Law College and Ors (1,168 views)
  • Ratandeep Singh Ahuja Vs Harpreet Kaur on 11 Oct 2022 (1,129 views)
  • Sandeep Pamarati Vs State of AP and Anr on 29 Sep 2022 (Disposal of DVC in 60 days) (1,106 views)
  • Abbas Hatimbhai Kagalwala Vs The State of Maharashtra and Anr on 23 Aug 2022 (1,046 views)
  • XYZ Vs State of Madhya Pradesh and Ors on 05 Aug 2022 (866 views)
  • Mukesh Singh versus State of Uttar Pradesh on 30 Sep 2022 (791 views)
  • Joginder Singh Vs Rajwinder Kaur on 29 Oct 2022 (780 views)
  • Bar Council of India Vs Twinkle Rahul Mangaonkar and Ors on 02 Aug 2022 (660 views)
  • Ram Kumar Vs State of UP and Ors on 28 Sep 2022 (508 views)
  • Altaf Ahmad Zargar and Anr Vs Sana Alias Ruksana and Anr on 02 Sep 2022 (424 views)

Tags

Legal Procedure Explained - Interpretation of Statutes (333)Reportable Judgement or Order (329)Landmark Case (318)2-Judge (Division) Bench Decision (268)Work-In-Progress Article (218)Catena of Landmark Judgments Referred/Cited to (217)1-Judge Bench Decision (151)Sandeep Pamarati (88)3-Judge (Full) Bench Decision (82)Article 21 - Protection of life and personal liberty (75)Issued or Recommended Guidelines or Directions or Protocols to be followed (53)Perjury Under 340 CrPC (53)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (51)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Summary Post (46)CrPC 482 - Quash (38)Not Authentic copy hence to be replaced (35)Advocate Antics (34)Rules of the Act/Ordinance/Notification/Circular (33)IPC 498a - Not Made Out (32)

Categories

Supreme Court of India Judgment or Order or Notification (639)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (299)High Court of Andhra Pradesh Judgment or Order or Notification (160)High Court of Delhi Judgment or Order or Notification (108)High Court of Bombay Judgment or Order or Notification (91)High Court of Karnataka Judgment or Order or Notification (66)General Study Material (54)High Court of Madras Judgment or Order or Notification (53)Assorted Court Judgments or Orders or Notifications (48)Prakasam DV Cases (46)LLB Study Material (45)High Court of Punjab & Haryana Judgment or Order or Notification (45)Judicial Activism (for Public Benefit) (41)High Court of Allahabad Judgment or Order or Notification (40)District or Sessions or Magistrate Court Judgment or Order or Notification (38)High Court of Kerala Judgment or Order or Notification (31)High Court of Gujarat Judgment or Order or Notification (26)High Court of Madhya Pradesh Judgment or Order or Notification (25)High Court of Calcutta Judgment or Order or Notification (18)High Court of Patna Judgment or Order or Notification (17)

Recent Comments

  • ShadesOfKnife on Sanjay Bhardwaj and Ors Vs The State and Anr on 27 August 2010
  • G Reddeppa on Sanjay Bhardwaj and Ors Vs The State and Anr on 27 August 2010
  • ShadesOfKnife on Beena MS Vs Shino G Babu on 04 Feb 2022
  • Vincent on Beena MS Vs Shino G Babu on 04 Feb 2022
  • ShadesOfKnife on Syed Nazim Husain Vs Additional Principal Judge Family Court & Anr on 9 January, 2003

Archives of SoK

  • March 2023 (9)
  • February 2023 (9)
  • January 2023 (12)
  • December 2022 (12)
  • November 2022 (8)
  • October 2022 (13)
  • September 2022 (17)
  • August 2022 (10)
  • July 2022 (21)
  • June 2022 (27)
  • May 2022 (23)
  • April 2022 (32)
  • March 2022 (17)
  • February 2022 (6)
  • January 2022 (2)
  • December 2021 (7)
  • November 2021 (7)
  • October 2021 (6)
  • September 2021 (10)
  • August 2021 (31)
  • July 2021 (45)
  • June 2021 (17)
  • May 2021 (17)
  • April 2021 (18)
  • March 2021 (58)
  • February 2021 (14)
  • January 2021 (50)
  • December 2020 (35)
  • November 2020 (68)
  • October 2020 (67)
  • September 2020 (29)
  • August 2020 (41)
  • July 2020 (20)
  • June 2020 (36)
  • May 2020 (40)
  • April 2020 (38)
  • March 2020 (26)
  • February 2020 (43)
  • January 2020 (35)
  • December 2019 (35)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (58)
  • August 2019 (33)
  • July 2019 (12)
  • June 2019 (19)
  • May 2019 (5)
  • April 2019 (19)
  • March 2019 (58)
  • February 2019 (11)
  • January 2019 (90)
  • December 2018 (97)
  • November 2018 (43)
  • October 2018 (31)
  • September 2018 (73)
  • August 2018 (47)
  • July 2018 (143)
  • June 2018 (92)
  • May 2018 (102)
  • April 2018 (59)
  • March 2018 (8)

Blogroll

  • Daaman Promoting Harmony 0
  • Fight against Legal Terrorism Fight against Legal Terrorism along with MyNation Foundation 0
  • Good Morning Good Morning News 0
  • Insaaf India Insaaf Awareness Movement 0
  • MyNation Hope Foundation Wiki 0
  • MyNation.net Equality, Justice and Harmony 0
  • Sarvepalli Legal 0
  • Save Indian Family Save Indian Family Movement 0
  • SIF Chandigarh SIF Chandigarh 0
  • The Male Factor The Male Factor 0
  • Vaastav Foundation The Social Reality 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS Cloudflare Status

  • HKG (Hong Kong) on 2023-03-23 March 23, 2023
    THIS IS A SCHEDULED EVENT Mar 23, 18:00 - 20:00 UTCMar 16, 01:00 UTCScheduled - We will be performing scheduled maintenance in HKG (Hong Kong) datacenter on 2023-03-23 between 18:00 and 20:00 UTC. Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window […]
  • LAX (Los Angeles) on 2023-03-23 March 23, 2023
    THIS IS A SCHEDULED EVENT Mar 23, 10:00 - 12:00 UTCMar 20, 14:01 UTCScheduled - We will be performing scheduled maintenance in LAX (Los Angeles) datacenter on 2023-03-23 between 10:00 and 12:00 UTC. Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window […]
  • ORD (Chicago) on 2023-03-23 March 23, 2023
    THIS IS A SCHEDULED EVENT Mar 23, 07:00 - 10:00 UTCMar 19, 23:41 UTCScheduled - We will be performing scheduled maintenance in ORD (Chicago) datacenter on 2023-03-23 between 07:00 and 10:00 UTC. Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for […]

RSS List of Spam Server IPs from Project Honeypot

  • 103.248.69.240 | SD March 19, 2023
    Event: Bad Event | Total: 961 | First: 2015-05-24 | Last: 2023-03-19
  • 106.13.80.202 | S March 19, 2023
    Event: Bad Event | Total: 2 | First: 2023-03-19 | Last: 2023-03-19
  • 58.211.221.2 | S March 19, 2023
    Event: Bad Event | Total: 12 | First: 2008-12-07 | Last: 2023-03-19
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 859 access attempts in the last 7 days.

pixel