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Krishnan Iyer (Law Officer)     17 November 2012

Supreme court interim order

sir i jst want to understand the way the interim order which was passed by supreme court in the following case, can it be applied in Maharashtra as the order passed by the Supreme Court become the law of the land under Art 141 of the Constitution of India 

The Delhi Court Fees (Amendment) Act, 2012 revised Court Fees for Delhi. The amendment was challenged before the Delhi High Court in Writ Petition (Civil) No.4770 of 2012. By orders dated 28.08.2012, 13.09.2012 and 14.09.2012, the Delhi High Court stayed the operation of the amendment Act. These orders were challenged in SLP (Civil) 28958 of 2012 before the Supreme Court. By order dated 26.09.2012, the Supreme Court stayed the operation of the orders of the delhi High Court. Subsequently, on an intervention by the Delhi Bar Association, the Supreme Court, by its order dated 16.10.2012 modified its earlier order dated 26.09.2012 to the extent that no Court Fees shall be payable on Written Statement, Complaint under Section 138 NIA and Review applications.


 



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 2 Replies

Sumanth Nookala (Lawyer)     17 November 2012

Interim Order is not a Precedent...Article 141 is applicable only to 'ratio' of a judgment. 

In your facts benefit of the Supreme Court cannot be taken by Maharashtra. Further, the provisions of Maharashtra Act may not be pari materia!

1 Like

surjit singh (Assistant)     18 November 2012

The order way made in relation to the court fee in Delhi. If there is a case filed in Maharastra regarding court fee then you can only refer the order of apex court, but it does not comes under Article 141 because the order is not universally applicable to whole of india, and it cannot be treated as precident.


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