Towards A New Costs Regime

"The suggestion to the legislature is to formulate a mechanism that anyone who initiates and continues a litigation senselessly, pays for the same. It is suggested that the legislature should consider the introduction of a "Code of Compulsory Costs.... The effort is only to introduce consequences, if the litigant's perception was incorrect, and if his cause is found to be, not fair and legitimate, he must pay for the same" Subrata Roy Sahara v Union of India, (2014) 8 SCC 470.

Cost has been defined by Halsbury's Laws of England, as the sum of money which the court orders one party to pay to another party in respect of the expenses of litigation incurred. Awarding costs of a proceeding, unless limited by statute or rule of law, are within the discretion of the court / tribunal hearing a matter.