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1998 Supreme(Bom) 411

A.B.PALKAR
Ashabai w/o Shivaji Shiral and anothers – Appellant
Versus
Executive Engineer, M. S. E. B. (O and M) Division – Respondent


JUDGMENT - A.B. PALKAR, J.:---In this revision application the plaintiffs have challenged the order dated 2-1-1998 passed by the learned 3rd Joint Civil Judge, Senior Division, Parbhani on Exh. 1.

2. The suit was filed by the plaintiff Ashabai and Kaushalyabai for recovery of Rs. 2 Lakhs for compensation caused due to the loss of life of deceased Shivaji who died due to electric shock. The claim is made against M.S.E.B. (defendant) by the legal heirs of deceased Shivaji.

2-A. The office raised an objection that no Court fee was paid and, therefore, the learned Advocate for plaintiffs was heard on that point. In the Trial Court notification dated 1-10-1994 in respect of section 46 of the Bombay Court Fees Act was relied upon. The notification dated 1-10-1994 reads as below :

"REVENUE AND FORESTS DEPARTMENT

Mantralaya, Bombay 400 032, dated the 1st Oct. 1994

BOMBAY COURT FEES ACT, 1959.

No. STP/1094/CR-859/M-1. -Whereas the Government of Maharashtra has recently announced a policy with a view to promote the welfare of the women;

And whereas, the said welfare policy for women inter alia, provides for exemption of Court fees for women litigants in cases relating to maintenance, property rig









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