Skip to main content

Delhi High Court strikes down hike in court fees

In a major relief for common litigants, the Delhi High Court on 9th October, struck down the Court Fees (Delhi Amendment) Act, 2012, through which the Delhi Government had increased court fees across the board last year.

A Division Bench of Justice Gita Mittal and Justice J. R. Midha quashed the government’s decision on a petition filed by the Delhi High Court Bar Association, arguing that the government lacked the jurisdiction to carry out the amendment.

The Association had challenged the increase by saying the Delhi Government did not have the legislative competence to increase the fees as the law governing them was a Central legislation.

The Delhi Government had defended the hike saying that the new rates had been introduced on the instructions of the High Court and that it would facilitate implementation of the e-Court project in the Capital.

“We have held that the Delhi Assembly did not have the legislative competence to amend the Court Fees Act, 1870. We have also held that the Court Fees (Delhi Amendment) Act, 2012, adversely impacts the Part-III rights and results in violation of Article 38 and 39A of the Constitution of India,” the Bench said.

“For these reasons, the Court Fees (Delhi Amendment) Act, 2012, as a whole has to be struck down. The Court Fees (Delhi Amendment) Act, 2012, is hereby declared as invalid and ultra vires the Constitution and therefore, struck down,” the Bench said. “As a result, the respondents would be liable to refund court fees, which have been recovered from litigants based on the prescriptions contained in the Court Fees (Delhi Amendment) Act, 2012,” the Bench stated.

 Article referred: http://www.thehindu.com/news/cities/Delhi/delhi-high-court-strikes-down-hike-in-court-fees/article5220508.ece

Comments

Post a Comment

Most viewed this month

Partition proceedings are vitiated even if single co-sharer is not made party or is not served in accordance with law

Cause Title :  Bhagwant Singh vs  Financial Commissioner (Appeals) Punjab, Chandigarh,  CWP-2132-2018 (O&M), High Court Of Punjab & Haryana At Chandigarh Date of Judgment/Order : 31.08.2022 Corum : Hon’ble Mr. Justice Sudhir Mittal Background A large parcel of land was owned by the Nagar Panchayat. Thereafter, some of the co-sharers sold their shares to third parties including the petitioners herein. On 22.11.1995, respondents No.3 to 5 filed an application for partition of the land. The petitioners were not impleaded as parties.  On completion of proceedings, sanad was issued on 28.08.1996. Vide two separate sale deeds dated 28.05.2008 respondents No.3 and 5 sold some portion in favour of respondent No.6 and 7. These respondents sought implementation of the sanad resulting in issuance of warrants of possession dated 05.06.2008. Allegedly, it was then that the petitioners realized that joint land had been partitioned and that proceedings h...
Post a Comment
Read more

Power of Attorney holder can also file cheque bounce cases: Supreme Court

The Supreme Court has held that a criminal complaint in a cheque bounce case can be filed and pursued by a person who holds a power of attorney (PoA) on behalf of the complainant. A three-judge bench headed by Chief Justice P Sathasivam gave the "authoritative" pronouncement on the issue, referred to it by a division bench in view of conflicting judgements of some high courts and the apex court. "We are of the view that the power of attorney holder may be allowed to file, appear and depose for the purpose of issue of process for the offence punishable under Section 138 of the Negotiable Instruments Act (which deals with cheque bounce cases)," the bench, also comprising justices Ranjana Prakash Desai and Ranjan Gogoi, said. The bench, in its judgement, said, "...we clarify the position and answer the questions in the following manner: "Filing of complaint petition under Section 138 of Negotiable Instruments Act through PoA holder is perfectly legal...
1 comment
Read more

Christian who reconverts as Hindu SC will get quota benefits

Amid the controversy over “ghar wapsi”, the Supreme Court on Thursday ruled that a person who “reconverts” from Christianity to Hinduism shall be entitled to reservation benefits if his forefathers belonged to a Scheduled Caste and the community accepts him after “reconversion”. Citing articles by B R Ambedkar and James Massey, and reports by Mandal Commission and Chinappa Commission, the court said: “There has been detailed study to indicate the Scheduled Caste persons belonging to Hindu religion, who had embraced Christianity with some kind of hope or aspiration, have remained socially, educationally and economically backward.” The bench of Justices Dipak Misra and V Gopala Gowda held that a person shall not be deprived of reservation benefits if he decides to “reconvert” to Hinduism and adopts the caste that his forefathers originally belonged to just because he was born to Christian parents or has a Christian spouse. Expanding the scope of a previous Constitution benc...
1 comment
Read more