Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether, in a writ petition challenging several penalty orders passed on the same set of facts and on the same grounds, court fee is payable separately for each impugned order or only once per petitioner.
Analysis: The governing scheme under the Kerala Court Fees and Suits Valuation Act, 1959 and the High Court Rules was examined. Article 11(l)(iii) prescribes court fee for original petitions in the High Court at Rs. 100 per petitioner. The court fee structure for writ petitions is tied to the number of petitioners, not to the number of causes of action or impugned orders. Section 6, which deals with multifarious suits and applies mutatis mutandis to petitions, was held not to control the computation of court fee in a writ petition of this nature. Rule 147A also shows that where more than one person joins in a writ petition, the fee is reckoned per petitioner. On the facts, the multiple penalty orders arose from the same factual matrix and the same legal challenge, so the writ petition could not be fragmented into separate fee units for each order.
Conclusion: Only one set of court fee was payable for the writ petition, namely the fee prescribed per petitioner under Article 11(l)(iii), and not separate court fee for each penalty order.