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    <title>2005 (1) TMI 722 - Kerala High Court</title>
    <link>https://www.taxtmi.com/caselaws?id=195669</link>
    <description>A counter claim before the Debt Recovery Tribunal was not liable to court fee unless the governing rule expressly imposed such liability. The amendment to Rule 7, which brought counter claims within the fee provision with effect from 21.1.2003, operated prospectively only and contained no express or implied retrospectivity. As the counter claims in question were filed before that date, and court fee legislation must be strictly construed, no fee could be demanded on those counter claims. The directions requiring payment of court fee were therefore unsustainable and were set aside.</description>
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    <pubDate>Fri, 28 Jan 2005 00:00:00 +0530</pubDate>
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      <title>2005 (1) TMI 722 - Kerala High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=195669</link>
      <description>A counter claim before the Debt Recovery Tribunal was not liable to court fee unless the governing rule expressly imposed such liability. The amendment to Rule 7, which brought counter claims within the fee provision with effect from 21.1.2003, operated prospectively only and contained no express or implied retrospectivity. As the counter claims in question were filed before that date, and court fee legislation must be strictly construed, no fee could be demanded on those counter claims. The directions requiring payment of court fee were therefore unsustainable and were set aside.</description>
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      <pubDate>Fri, 28 Jan 2005 00:00:00 +0530</pubDate>
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