P.B.GAJENDRAGADKAR, K.SUBBA RAO
Bibhuti Bhusan Chatterjee – Appellant
Versus
State Of Bihar – Respondent
Certainly. Here are the key points derived from the provided legal document:
The case concerns the construction and interpretation of Article 9 of Schedule I of the Court Fees Act, 1870, regarding the payment of court fees on copies of judicial proceedings or orders in criminal cases (!) (!) .
The appellant challenged an order requiring him to pay court fees on certified copies of orders passed by lower courts in a criminal proceeding, which he argued should not be subject to such fees based on the policy of providing free copies to accused persons (!) (!) .
The High Court held that copies of criminal orders or judgments intended to be filed before it are subject to court fees under Article 9, consistent with the practice followed in the court and the provisions of the Act (!) (!) .
The court emphasized that the provisions of the Court Fees Act are to be strictly construed according to their plain and unambiguous language, and that hypothetical considerations about the policy of criminal procedure do not influence the interpretation of the Act (!) (!) .
It was clarified that every document falling within the scope of the relevant provisions of the Act must bear the prescribed court fee, regardless of the policy considerations in criminal procedure, which are irrelevant to the construction of the fee statutes (!) .
The court noted that the words of Article 9 are clear and only admit one reasonable construction—that copies of criminal orders or judgments must bear the prescribed court fee-stamp—affirming the practice of the High Court (!) (!) .
The court acknowledged that the policy of providing free copies to accused persons exists but held that this policy is a matter of legislative policy and does not alter the statutory interpretation of the Court Fees Act (!) .
The court observed that, although the fee requirement may sometimes cause hardship, it remains within the legislative domain to consider amendments or special provisions, as has been done in some jurisdictions (!) .
Ultimately, the appeal was dismissed, affirming that certified copies of orders in criminal proceedings are subject to court fees as prescribed by the relevant statutory provisions (!) .
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Judgment
GAJENDRAGADKAR, J. : This appeal by certificate granted by the High Court at Patna raises a short question about the construction of Art. 9 in Sch. I of Court-fees Act VII of 1870 (hereinafter called the Act). A proceeding was instituted against the appellant, Bibhuti Bhusan Chatterjee, under S. 107 of the Code of Criminal Procedure in the Court of the Magistrate of First Class at Bhagalpur; in this proceeding the learned magistrate directed the appellant to execute a bond of Rs. 5,000 with two sureties of the like amount each to keep the peace for a period of one year. The appellant challenged this order by his appeal before the Additional Sessions Judge at Bhagalpur. The appellate judge agreed with the decision of the learned magistrate and the appeal preferred by the appellant was dismissed. The appellant then took this matter before the High Court at Patna by his Criminal Revision Application No. 924 of 1957. It appears that the certified copies of the orders passed by the two Courts below in the present proceedings had, been filed by the appellant along with his revisional application without any court-fees. The appellant was then called upon to pay court-fee of the va
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