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---Scope---Every case filed that is dismissed is not frivolous and does not mean that it was instituted with mala fide intention---Cases were there which involve intricate questions of law requiring interpretation of the Constitution or a statute---Sometimes civil disputes also have grey areas---Courts are to adjudicate the frivolity on certain touchstone---Claim or defence is frivolous if its proponent can present no rational argument based upon evidence or law in support of it, based on an objective standard---Motion is frivolous and in bad faith where any reasonable attorney would agree that it is totally devoid of merit---Party acts in bad faith, warranting sanctions, when it acts vexatiously, for the purpose of harassment or unreasonable delay, or for another improper reason ---Pattern of delay and filing repetitious and irrelevant documents may establish bad faith and warrant sanctions.

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