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Section 35 A clause 1 If a party in a legal case makes a false claim or defense and it is later disallowed or withdrawn, the court may order that party to pay compensation to the other party. So, it would be the party who made the false claim or defense that would be responsible for the payment. Is this a right
You are absolutely right. Section 35A(1) of the CPC clearly states that if a party makes a false or vexatious claim or defense and it is subsequently disallowed, abandoned, or withdrawn, the court may order that party to pay compensation to the other party. Key points to remember: Discretionary power of the court: The court has the discretion to award or not to award compensation. False or vexatious claim or defense: The claim or defense must be proven to be false or vexatious. Disallowed, abandoned, or withdrawn: The claim or defense must be either rejected by the court or voluntarily dropped by the party. Therefore, the party responsible for the false or vexatious claim or defense is the one who might be liable for paying compensation under Section 35A.
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Law Foundation Batch:
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Thank you so much mam 😊
Good evening ma'am....Mera question hai... Execution of decree before ascertainment of cost...
Thank you mam
Section 35 A clause 1 If a party in a legal case makes a false claim or defense and it is later disallowed or withdrawn, the court may order that party to pay compensation to the other party. So, it would be the party who made the false claim or defense that would be responsible for the payment. Is this a right
You are absolutely right.
Section 35A(1) of the CPC clearly states that if a party makes a false or vexatious claim or defense and it is subsequently disallowed, abandoned, or withdrawn, the court may order that party to pay compensation to the other party.
Key points to remember:
Discretionary power of the court: The court has the discretion to award or not to award compensation.
False or vexatious claim or defense: The claim or defense must be proven to be false or vexatious.
Disallowed, abandoned, or withdrawn: The claim or defense must be either rejected by the court or voluntarily dropped by the party.
Therefore, the party responsible for the false or vexatious claim or defense is the one who might be liable for paying compensation under Section 35A.
Mam apki awaj ki wjh se bhut dikkt hori h
Ma'am security of cost kyu nhi Karaya apne??
Ma'am iska answer kaise likhenge
ma'am aap padhana chod do, itne complicated subject ko aur complicate krdiya
Ap acche se nhi pda rhi
@@GeetaRaghav-s3z isko khud nhi aata. Y bs line repeat kr de rhi hai.
Bakwas