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1984 Supreme(Sikk) 3

M.L.SHRIMAL, A.M.BHATTACHARJEE
KAISER BAHADUR THAPA – Appellant
Versus
STATE – Respondent


Advocates Appeared:
BHUVANESH KUMARI, R.K.AGRAWAL, T.B.THAPA

( 1 ) ORDER:- The Sikkim Court Fees (Exemption and Miscellaneous Provisions) act, 1983, exempting all persons whose annual income does not exceed Rs, 25,000/- from the liability to pay any Court-fees in respect of any legal proceeding, has been challenged by the Petitioner as being violative of the equality clause of the Constitution. We have heard the learned counsel in support of the petition and the learned Government Advocate appearing for the State and we have no doubt that the petition must be dismissed for the reasons stated hereunder.

( 2 ) THE Preamble of the Indian Constitution states that the people of India have solemnly resolved "to secure to all its citizens : Justice - social, economic and political. . . . . . . . . Equality of stauts and of opportunity". The Objectives Resolution from which the above phrase has been carved out stated: "the Constituent Assembly declare its firm and solemn resolve to draw up for her future governance a Constitution -"a) wherein shall be guaranteed and secured to all the people of India justice social, economic and political; equality of status, of opportunity and before the law. "article 14 of the Constitution guarantees to every citi










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