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2003 Supreme(Ker) 62

J.B.KOSHY, P.R.RAMAN
Procurator, Roman Catholic Diocese of Calicut – Appellant
Versus
State of Kerala – Respondent


Advocates:
Tom K. Thomas, for Appellant.

Judgement

KOSHY, J.:- In these three matters the question to be decided is whether the enhanced Court-fees under the Kerala Court-Fees and Suits Valuation (Amendment) Ordinance, 2002 (hereinafter referred to as 'Ordinance') is applicable to appeals filed from land acquisition references made before the date of the Ordinance. The appellants calculated court-fee on the basis of the Kerala Court-Fees and Suits Valuation Act, 1959 (Act 10 of 1960) (hereinafter referred to as 'the Act') as existing before the Ordinance even though appeals were filed after the Ordinance which amended the Act enhancing court-fees. The Registry raised objections and the matter came before us for consideration. Since the matter relates to the Court-fees, we have directed the appellants to give notice to the Advocate General and we have heard the Government Pleader in this aspect in detail. It is the contention of the appellants that right of appeal is a substantive right and the above substantive right cannot be impaired or imperilled by putting a new restriction thereon or imposing more onerous condition. Imposition of higher court-fee on the basis of amended provision impairs or imperils the substantive ri














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