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1959 Supreme(Bom) 79

B.N.GOKHALE, V.M.TARKUNDE
The State of Bombay – Appellant
Versus
L. D. Narayanpure – Respondent


JUDGMENT - (1) This reference has been made by the Taxling Officer under s. 5 of the Court-Fees Act, and the learned Chief Justice has directed us to decide the question so raised. The question relates to the Court-fees chargeable on four appeals, each arising from an order passed under s. 24 of the Bombay Money-lenders Act, 1946. In three of the four cases, applications filed by judgment-debtors under S. 24 of the Act for making the decretal amounts payable by instalments were rejected by the Courts below. In the forthe case,the application of the judgment-debtor was partally granted and the judgment-debtor has come in appeal on the ground that the relief granted to him was inadequate. The Taxing Officer was of the view that no appeal could be filed from a decision under s. 24 of the Bombay Money-lenders Act and that the appellants in the four appeals may, if they so desired, convert the appeals into civil revision applications and that Court-fees may then be levied on that basis. the Taxing Officer, however, felt that the question involved was of generalimportance and hence he made this reference.

(2) The question aised by the Taxing Officer is not free from difficulrty. Section 2














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