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
Subject matter: Civil
Provisions referred to: S. 35-; S. 35; S. 95

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 & 95---Costs---Compensatory costs in respect of false or vexatious claims or defences---Compensation for obtaining arrest, attachment or injunction on insufficient grounds---Scope---Costs are not awarded by way of penalty or punishment against the unsuccessful party nor are they to be made a source of profit for the successful party---Costs are also not awarded by way of compensation, but by its very nature, actual costs are awarded to reimburse a successful party for the expenses incurred by him---Even under S. 35-a costs are compensatory and are not awarded as penalty against an unsuccessful party which shows that though the costs awarded under S. 35-a can be taken into account when awarding 'damages', they are not even by statutory dispensation, the same as the 'damages'---Conditions for application of S. 35-a are different and much less than the elements set out earlier for an action for malicious prosecution---actual costs of the suit under S. 35 are at a much lower level when considered in such behalf---Combined reading of subsection (4) of S. 35-a and subsection (2) of S. 95 which deal with the effect of the orders under these provisions on actions for 'damages' are clear indication of the legislative intent; that unless a case is fully covered by S. 95(2), the award of costs under Ss. 35 & 35-a, instead of barring a suit for damages, supports the right for such an action.

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