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C. PRAVEEN KUMAR, VENKATESWARLU NIMMAGADDA
Katepogu Danamaiah – Appellant
Versus
Chairman – Respondent
ORDER :
C. Praveen Kumar, J.
The present writ petition is filed, to declare the orders passed on 09.03.2022 by respondent no.1 is against (a) Section 12(a) or Section 12(h) of the Legal Services Authorities Act 1987; (b) the ruling of Hon’ble Supreme Court in Manoharan vs. Sivaranjan and others in Civil Appeal No.10581 of 2013, arising out of SLP(C) No.23918 of 2012, dated 25.11.2013 and (c) Article 39-A of the Constitution of India and consequently to direct the respondent no.1 to grant Court Fee exemption certificate payable on the plaint, to the petitioner.
2. The facts, which lead to filing of the writ petition, are as under:-
(b) The trial Court returned the plaint with an endorsement that the suit papers be placed before the Mandal Legal Service Chairman, and if any exemption is given for
The main legal point established in the judgment is that legal aid service, including exemption from court fee, must be strictly assessed and can be reviewed at any time, especially if obtained throu....
Statutory exemptions from court fees for Scheduled Tribes must be honored unless rescinded or modified, as established under Section 68 of the Andhra Pradesh Court Fees and Suits Valuation Act, 1956.
The main legal point established is that exemptions from court fees should be granted judiciously and that the government should amend the rules to provide clarity.
Point of Court : When there is a violation of principles of natural justice and mandatory statutory mechanisms, aggrieved parties may invoke writ jurisdiction to cure the manifest errors of law in im....
The delay in filing an appeal cannot be condoned without giving an opportunity of hearing to the opposite party. The exemption from payment of Court fee is applicable to 'plaint' only and not to 'mem....
The court ruled that legislative revisions to court fees under the Kerala Finance Act, 2025, are constitutionally valid, reflecting economic necessity and not infringing citizens' right to access jus....
Court fee - Court can grant extension of time for payment of the balance court fee beyond a period of 30 days.
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