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2003 Supreme(Ker) 332

JAWAHAR LAL GUPTA, A.K.BASHEER
Human Rights Protection Forum – Appellant
Versus
State of Kerala – Respondent


Judgment :-

1. The Human Rights Protection Forum has filed this petition with the prayer that the notifications dated October 26, 2002 and March 6, 2003 embodying the Ordinances and the Act regarding imposition of court fee in the State of Kerala be quashed.

2. We have heard Mr. Joshi N. Thomas, learned counsel for the petitioner. He has contended that the action of the State Government in enhancing the court fee is arbitrary. The provision that the State need not pay the court fee suffers from the vice of discrimination. Lastly, it has been contended that the imposition of a court fee of Rs. 100/- for every contempt petition is also unfair. On this basis, it is contended that the two notifications deserve to be quashed.

3. Admittedly, the two notifications embody legislative enactments. It has not even been suggested that there was lack of legislative competence. The whole complaint is based on Art. 14 of the Constitution of India.

4. It is recognized that Legislature is the best judge of the needs of the people as made manifest by experience. The burden of proving that an enactment is invalid lies on the person who levels the challenge. In the present case, nothing has been pointed










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