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Mehr ASHRAF vs STATION HOUSE OFFICER Ss — 2022 PLD 328 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 PLD 328 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
PLD
Parties
Mehr ASHRAF vs STATION HOUSE OFFICER Ss

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Mehr ASHRAF VS STATION HOUSE OFFICER Ss. 35 & 35-a---Costs---Compensatory costs in respect of false or vexatious claims or defences---Discretionary jurisdiction---Scope---Costs are in the discretion of the court, however, such discretion should be exercised judicially, properly and on sound legal principles---Court also has the power to determine by whom, out of what property and to what extent they are to be paid---Court should have regard to circumstances that while deciding the question of costs; (i) conduct of all the parties; (ii) whether a party has succeeded on part of his case, even if he has not been wholly successful; and (iii) any payment into court or admissible offer to settle made by a party which is drawn to the court's attention---Conduct of the parties include; (a) conduct before as well as during the proceedings and in particular the extent to which the parties followed any relevant pre-action protocol; (b) whether it was reasonable for a party to raise, pursue or contest a particular allegation or issue; (c) the manner in which a party has pursued or defended his case or a particular allegation or issue; and (d) whether a claimant who has succeeded in his claim, in whole or in part, exaggerated his claim.

Other judgments reported in 2022 PLD

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