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2009 Supreme(Cal) 52

PRATAP KUMAR RAY, PRASENJIT MANDAL
Dipankar Ghosh – Appellant
Versus
Hon’ble Chief Justice, High Court, Calcutta – Respondent


Advocates:
Advocate Appeared:
For Petitioner: Mr. Tapan Kr. Mukherjee
For Calcutta High Court Administration : Mr. Alok Kr. Ghosh.
For the Lt. Governor, Andaman & Nicobar Island : Mr. Asoke Banerjee Mr. Shyamal Sanyal

JUDGMENT

Pratap Kumar Ray,J.

This writ petition has been moved by an advocate of this High Court at Calcutta who is a member of Bar Association, High Court, Calcutta, as a public interest litigation, on issue of applicability of the West Bengal Court Fees Act, 1970 to the Courts situated at Andaman & Nicobar Islands, which are under the jurisdiction of High Court at Calcutta in terms of the provision of Calcutta High Court (Extension of Jurisdiction) Act, 1953. It is contended in the writ application that earlier till 1991 all litigants who were resident of Andaman & Nicobar Islands used to file cases in the Calcutta High Court and West Bengal Court Fees Act, 1970 was applicable. But from November 1991, the Appellate Side Rules, 1991 came into force and a Circuit Bench of the Calcutta High Court was set up at Port Blair, wherein the Court Fees provision was introduced in terms of the West Bengal Court Fees Act, 1970. The said Court Fees Act got amended on 18th October, 2002 and due to such amendment the litigants who are resident of Andaman & Nicobar Islands are being compelled to pay the higher court fees in terms of said West Bengal Amendment. It is further contended that the app


































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