Supreme
Court slaps Rs.10 lakh fine on frivolous litigant
Wednesday February 02, 2011 09:33:53 PM,
IANS
|
New Delhi: The Supreme
Court Wednesday slapped an exemplary cost of Rs.10 lakh on an
appellant for filing a frivolous litigation aimed at frustrating
attempts to acquire his land for the Bangalore-Mysore road
project.
The litigant was penalised for embarking upon a second round of
litigation on an issue identical to the earlier phase of court
hearing.
The apex court bench of Justice G.S. Singhvi and Justice A.K.
Ganguly said the cost of Rs.10 lakh will be paid by appellant M.
Nagabhushan to the Karnataka High Court Legal Services Society
within a period of six weeks.
In case of default in payment, the apex court said the amount will
be recovered from the appellant as arrears of land revenue.
Nagabhushan resorted to the second round of litigation after he
failed in the apex court in his first appeal challenging the
acquisition of his land for the 111-km four-lane Bangalore-Mysore
Infrastructure Corridor Project (BMICP).
The "second round of litigation is misconceived inasmuch as the
acquisition proceedings were upheld right up to this (apex court)
court," the court said, holding that it was an "attempt to
litigate again".
Speaking for the bench, Justice Ganguly described the second round
of litigation as "an instance of abuse of the process of court".
"It is obvious that such a litigative adventure by the present
appellant is clearly against the principles of Res Judicata as
well as the principles of Constructive Res Judicata and principles
analogous thereto," the judgment read.
The doctrine of Res Judicata implies that after an issue is raised
before a competent court and a judgment is delivered, the verdict
should be considered as final.
While dismissing the appeal with exemplary costs, the court
directed the Karnataka government to complete the project as early
as possible.
|
Home |
Top of the Page |
 |
|
|
|
|
|
|
|
|
|
Top
Stories |

Mubarak ready to quit,
but vows to complete term
Egyptian
President Hosni Mubarak said Tuesday that he will not seek
re-election when his current term in office expires in September,
but defied mass protests calling for his immediate
»
Turkish
PM calls for democratic solution in Egypt
March of
a million in Cairo to dislodge Mubarak
|
|
Picture of the Day |
 |
Protesters have returned to the
streets of the Egyptian capital, Cairo, for the fifth consecutive
day, following violent overnight protests across the country
staged in defiance of a curfew.
(Photo: AFP) |
|
|
Most
Read |
Thousands
join rally against 'grave injustice' to Malegaon blast accused
Thousands of people in the textile
town February 01 came out strongly against, what the organizers
» |
Former
communications minister A. Raja, two aides arrested
The Central Bureau of Investigation (CBI) Wednesday arrested
former communications minister A. Raja and two of his aides R.K.
Chandolia and Siddharth Behuria in connection with the 2G spectrum
allocation scam,
»
Raja
arrested in 2G scam: A Timeline
|
|
News Pick |
Speaking out against
Hindutva Terrorism
In the wake of startling media
revelations about the role of Hindutva forces in acts of terror
across the country, several well-known human rights groups,
including ANHAD, Foundation for Civil Liberties,
» |
For
India's Muslims, Vastanvi has got it right
The controversy surrounding Maulana
Ghulam Mohammed Vastanvi, elected as vice chancellor of Darul
Uloom in Deoband, a leading school
»
New Deoband
Chief's love for Modi fails to get Muslim approval |
I was
sold every few months, recounts Pakistani woman
Recounting a harrowing tale of rape,
torture and exploitation, a Pakistani woman who escaped after a year
in captivity says she was sold to someone new every few months since
being abducted by her husband's friend
» |
Train Tragedy: Police
forced us to sit on train roof, allege survivors
Many youths
who travelled on board the Himgiri Express that turned fatal for
18 youths in Uttar Pradesh say they were either forced to sit on
the roof of the train by police or did so out of fear of security
personnel. The victims were crushed » |
Ethnic
Indians among Malaysia's title awardees
M. Kayveas, who heads the Peoples Progressive Party (PPP), a
constituent of the ruling coalition Barisan Nasional (BN), is
among the ethnic Indians who are recipients of Malaysian honours.
Already a Datuk (a title conferred
» |
|
|
|