The federal government on Wednesday enforced the "Costs of Litigation Act 2017" in all the courts of Islamabad Capital Territory (ICT) including the Islamabad High Court. This law contains the framework for reduction of delays in disposal of cases and deterrence against false and frivolous cases.
According to the Act, before the decision of a civil case, it will be mandatory for the parties to file details of actual costs incurred by them and the court shall award the costs to the successful party. Similarly, if a party seeks an adjournment, the court may grant adjournment subject to payment of minimum costs of Rs 5000 to the other party. In case of false and frivolous allegation, the court may award special costs over and above the aforementioned cost. These provisions apply to all civil proceedings including suits, appeals, revisions, reviews and executions etc.
Similarly, in the criminal cases if any person or party seeks adjournment, the court may grant such adjournments subject to the payment of at least Rs 10,000 as costs to the other party. If the complainant has levelled false or frivolous allegations against the accused, upon acquittal of the accused, the court may direct the complainant to pay costs up to Rs 100,000 to the acquitted accused.
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