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1965 Supreme(Bom) 16

K.K.DESAI
Mohanlal Hochandra Doshi – Appellant
Versus
State of Maharashtra and Anr. – Respondent


JUDGMENT - (1) This is a revisional application on behalf of the original applicant in Land Acquisition Reference No. 8 of 1961 decided by the Court of Civil Judge, Senior Division, Kolhapur, by its judgment and order dated September 19, 1962. The learned Judge disposed of Land Acquisition Reference Nos. 8 of 1961 and 17 of 1960 by a common judgment. The learned Judge did not try the references on merits or on questions of facts. On behalf of the State Government it was contended before him that the written applications made by the applicants to the Collector under section 18 of the Land Acquisition Act that the matters be referred by the Collector for determination by the Court had been insufficiently stamped with the Court-fees stamp of 65 nPs. Under Article 15 of Schedule (1) of the Bombay Court Fees Act, an application to the Collector for a reference to the Court under section 18 of the Land Acquisition Act was required to bear Court fees stamp of one half of ad valorem fee on the difference., if any, between the amount awarded by the Collector and the amount claimed by the applicant, according to the scale prescribed under Article 1 of Schedule I, subject to a minimum stamp o


















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