Back
Judges : P.T.RAMAN NAYAR
RAMAN KUMARAN - Appellant
Versus
KALIKUTTY AMMA KALLIANI AMMA - Respondent
Case No : A. S. No. 23 of 1969 from O. S. No. 67 of 1964 of the Sub Court, Alleppey
Decided On : 01/15/1969
Advocates Appeared :
S. Narayanan Potti; For Appellant Government Pleader; For State
Court Fees - Kerala Court Fees and Suits Valuation Act, 1959 - Interpretation of retrospective effect of amending Act on court fee - Court held that the right to appeal on the terms and conditions prevailing at the time of institution of the suit cannot be affected by a subsequent legislation unless it is retrospective in character.
Fact of the Case:
The court considered the filing of a memorandum of appeal after the amending Act, Act 8 of 1966, providing for a higher fee had come into force, and whether the higher fee was applicable.
Finding of the Court:
The court analyzed the relevant provisions and the decision of the Supreme Court, concluding that the right to appeal on the terms and conditions prevailing at the time of institution of the suit cannot be affected by a subsequent legislation unless it is retrospective in character. The court held that the amending Act was not retrospective, and therefore, the court fee paid on the appeal in accordance with the unamended Act was correct.
Issues: Interpretation of retrospective effect of amending Act on court fee.
Ratio Decidendi: The right to appeal on the terms and conditions prevailing at the time of institution of the suit cannot be affected by a subsequent legislation unless it is retrospective in character.
Final Decision: The court fee paid on the appeal in accordance with the unamended Act was held to be correct.
1. Under S.4 of the Kerala Court Fees and Suits Valuation Act, 1959 court fee is chargeable on the filing of the document into court, in this case a memorandum of appeal filed on 18121968, after the amending Act, Act 8 of 1966, providing for a higher fee had come into force on 110 1966, and, at first blush it would seem alt east so it seemed to me that in demanding the higher fee under the amended Act no retrospective effect was being given to the amending Act merely because some other document, namely, the plaint in the suit, was filed before the amending Act. But the decision of the Supreme Court in AIR. 1960 SC. 980 under the Court Fees Act, 1870 (the relevant provisions of which are in pari materia with those of the Kerala Act) shows that this view is wrong and that, on the institution of a suit, the right to appeal on the terms and conditions then prevailing vests in the party and cannot be affected by a subsequent legislation unless it is retrospective in character. That, the amending Act admittedly is not, and hence it follows that the court fee paid on the appeal in accordance with the unamended Act is correct.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
