A. N. RAY, D. G. PALEKAR, M. H. BEG, S. M. SIKRI, S. N. DWIVEDI
Secretary, Government Of Madras, Home Department – Appellant
Versus
Zenith Lamp And Electrical LTD. – Respondent
Judgment
SIKRI, C.J.I. :- This appeal, by certificate granted by the High Court is directed against the judgment dated March 31, 1967 of the High Court of Madras, in Zenith Lamps and Electricals Ltd. v. Registrar, High Court, Madras given in Writ Petition No. 1743 of 1964 (and Writ Petition No. 3891 of 1965), (reported in ILR (1968) 1 Mad 247). Messrs. Zenith Lamps and Electrical Limited, respondent before us and hereinafter referred to as the petitioner, intended to file a suit in the Madras High Court, on the original side, claiming a relief valued at Rupees 2,06,552, against the Revenue. The petitioner filed Writ Petition No. 1743 of 1964 on the question of Court-fee payable on the intended suit, praying that the High Court may be pleased to issue a writ of mandamus or other direction or order declaring Rule 1 of the High Court Fee s Rules 1956 and the provisions of the Madras Court Fees and Suits Valuation Act (Madras Act XIV of 1955) to be invalid and ultra vires in so far as they relate to the levy of fee s on ad valorem scale. It was contended that Rule 1 of the High Court Fees Rules, 1956, was void and ultra vires because the Madras Court Fees and Suits Valuation Act (XIV of
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