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IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A.ABDUL HAKHIM
Nettoor Sreedharan, S/o. Kunhambu – Appellant
Versus
P.V. Chandran – Respondent
| Table of Content |
|---|
| 1. court fee payment and sufficiency (Para 1 , 2 , 3 , 4) |
| 2. appellant argues for reduced fee applicability (Para 5 , 6) |
| 3. previous decisions related to court fee changes (Para 7 , 8 , 9) |
| 4. current case supports beneficial fee amendment (Para 10 , 11) |
| 5. court overruling fee deficiency objection (Para 12) |
ORDER :
M.A.ABDUL HAKHIM, J.
1. This Regular Second Appeal was posted before me unnumbered on the request of the learned counsel for the appellant since according to the learned counsel the court fee paid as per the newly introduced Article 1(A) of the first schedule of the Kerala Court Fees and Suit Valuation Act inserted by the Kerala Finance Act 2025 with effect from 01.04.2025 is sufficient.
2. The Registry of this Court found the Appeal defective on account of deficiency of court fee, as according to the Registry as per Section 52 of the Kerala Court Fees and Suit Valuation Act, 1959, the court fee payable in an appeal shall be same as the fee that would be payable in the Court of first instance on the subject matter of appeal. The Division Bench decision of this Court in Usha v. Food Corporation of India 1997 (1) KLT 264 supporting the stand of the Registry is a
Amendments to the court fee structure that reduce fees benefit litigants and do not impair their right to appeal, thus apply retroactively.
The right to appeal is substantive and determined by the law in effect at the original proceeding's initiation, not subject to retrospective fee increases.
The court ruled that legislative revisions to court fees under the Kerala Finance Act, 2025, are constitutionally valid, reflecting economic necessity and not infringing citizens' right to access jus....
Court fees for appeals related to contentious probate applications are tied to the original fees structured under the applicable statutes.
Court fees must be paid for appeals as per the Court Fees Act; its proper valuation is crucial.
The main legal point established in the judgment is that in Suits claiming damages, the court fee payable is ad valorem according to the amount claimed, and plaintiffs cannot arbitrarily value the re....
The liability of the review petitioner seeking review of a second appeal which was dismissed at the stage of admission is only to pay half of the one third court fee paid at the time of admission sta....
The defendants could not file an Appeal From Order under Section 6A of the Court Fees Act read with Section 104 of the CPC as the plaintiffs were not called upon to deposit any deficiency of the Cour....
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