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1960 Supreme(Mad) 28

RAMACHANDRA.IYER
Firm of M. Chakravarthi Iyengar – Appellant
Versus
The Collector of Madras – Respondent


Advocates:
C. Vasudevan and T. V. Srinivasan, for Appellant in Appeal No. 178 of 1958.
T. S. Nagaswami Ayyar and V. Nataraj, for Appellant in Appeal No. 229 of I958.
Ramaswami, for the Government Pleader (if. Veeraswami), for Respondent in both.

Order.-

The question referred for decision in the two appeals is whether the Court-fee paid on them is correct.

The Court-fee that was paid on the appeals was in accordance with the provisions of the Court-fees Act of 1870 which for the sake of brevity I shall hereafter refer to as the Old Court-fees Act. It is contended on behalf of the State that the Court-fee has got to be calculated on the basis of the Court-fees Act (XIV of 1955) which came into force on 19th May, 1955. I shall refer to that Act as the New Court-fees Act. The appeals are filed under section 54 of the Land Acquisition Act claiming a higher compensation for certain lands acquired in Tondiarpet under the Town Planning Act. In respect of the lands so acquired the Land Acquisition Officer published a notification on 14th May, 1955, under section 9. Claims were filed by the appellants on 7th June, 1955, stating that they were entitled to a particular amount of compensation. The Land Acquisition Officer passed the award on 14th June, 1955. The claimants were however dissatisfied with the award and at their instance a reference was made under the provisions of section 18 of the Act on 21st July, 1955. The principal Cit














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