Hi,
Can anyone please help me with any very recent SC Judgement with regards to No Court Fees in Sec 138 cases for cases triable in mumbai if any.
Thanks in advance
Krishnan Iyer (Law Officer) 11 February 2013
Hi,
Can anyone please help me with any very recent SC Judgement with regards to No Court Fees in Sec 138 cases for cases triable in mumbai if any.
Thanks in advance
Sankaranarayanan (Advocate) 11 February 2013
check with indiakanoon.org , what is the real mattter you need u/s 138
Krishnan Iyer (Law Officer) 12 February 2013
i want a recent judgement on no court fees to be levied by the Maharashtra State Government on sec 138 cases is there any recent judgement with regards to the same.
B.K.GUPTA... (ADVISOR) 13 February 2013
In the Supreme Court on 26.9.2012 interim order was passed and it was modified
on 16.10.2012.Text of the order is reproduced below for your information:
"I.A.Nos.11-15 of 2012 in SLP(C)Nos.28958-28962 of 2012
These applications have been filed by Delhi Bar Association for its
impleadment as party to the special leave petitions.
Having heard learned senior counsel for the applicant, we are satisfied
that ends of justice will be served by granting leave to the applicant to
act as an intervenor in the proceedings of the special leave petitions.
Ordered accordingly.
I.A.Nos.16-20 of 2012 in SLP(C)Nos.28958-28962 of 2012
Arguments heard.
Learned senior counsel appearing for the applicant-intervenor has made
certain suggestions. Learned Solicitor General says that he will consult
the concerned authorities and make a statement on the next date of hearing.
For further hearing, the case be listed on 30.10.2012.
While adjourning the case, we make it clear that the High Court shall be
free to proceed with the final hearing of the writ petition.
The interim order passed on 26.09.2012 is modified in the following terms:
i) No Court fee shall be payable on the written statement
(simplicitor).
ii) No Court fee shall be payble on the complaint filed under Section 138
of the Negotiable Instruments Act, 1881 and the application filed for
review of the judgment/order passed by the Courts.
All the interlocutory applications stand disposed of
accordingly."
B.K.GUPTA... (ADVISOR) 13 February 2013
The SLP was finally listed on 30.10.2012 and the SC decided the SLP as:
"These petitions are directed against interim orders passed
by the Division Bench of the Delhi High Court whereby the amendments
made in Court Fees Act, 1870 by Court Fees (Delhi Amendment) Act, 2012
were stayed.
We have heard learned counsel for the parties and perused
the record.
In our view, ends of justice will be served by requesting
the High Court to dispose of the main writ petition as early as
possible with the direction that interim order passed by this Court on
26.09.2012, as modified on 16.10.2012, shall remain operative till the
disposal of the writ petition by the High Court.
Ordered accordingly.
The special leave petitions are disposed of in the manner
indicated above."
dr g balakrishnan (advocate/counsel supreme court) 14 December 2014
one need to understand when sec 138 r/w 142 under NI Act , it is criminal complaint,any criminal case under law of crimes is the case of state and so there cannot be court fees for court fees are applicable only incivil cases is the purport