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2014 Supreme(Bom) 2168

R.M.BORDE, V.K.JADHAV
Sanjeevkumar Harakchand Kankariya – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant:Anand P. Bhandari, advocate
For the Respondent: S.V. Kurundkar, Government Pleader

Judgment

R.M. Borde, J.

1. Heard. Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties.

2. The petitioner is seeking a writ, order or direction to the State of Maharashtra for refund of entire amount of court fees to such of the litigants including the petitioner who have presented proceedings in the Civil Court and those proceedings have been disposed of in adaptation of any of the modes prescribed under Section 89 of the Code of Civil Procedure, 1908. The petitioner also seeks to quash notification dated 08.05.2013, issued by Law and Judiciary Department, Government of Maharashtra, bearing No.HCA.2010/C.R.87/D-19, issued under Section 43(2) of the Maharashtra Court Fees Act, 1959, on the ground that the notification is contrary to provisions of Section 16 of the Court Fees Act, 1870 read with Sections 20 and 21 of the Legal Services Authority Act, 1987. The petitioner also seeks a declaration that Respondent No.2 has no authority in law to issue a notification contrary to the provisions of Section 16 of the Court Fees Act, 1870 and prays that all such notifications and rules, run contrary to the aforesaid provisions, be quashed


































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