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1956 Supreme(All) 49

DESAI
SHAMSHUL HASAN – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
N.D.Pant, P.M.L.VARMA

DESAI, J.

( 1 ) THE question before me is of the court-fee payable on the memorandum of appeal. The appeal has been filed under the proviso to Section 50, U. P. Zamindari Abolition and Land Reforms Act from a decree of a compensation officer dated 9-10-1954, Under Section 344 of the Act the government has the power to make rules providing for the court-fees payable in respect of appeals under the Act. On 30-6-1952 the State Government made rules which were published and placed before the legislature on 9th and 10th July 1952 as required under the section. Rule 61 of the Rules, as originally framed, laid down that ad valorem court-fee was payable on appeals to the High court under Sections 51 and 58 and to the District. Judge under Sections 50 and 57 and that in other cases the court-fee pay-able was as on an appeal from an order under the Court-fees Act. The court-fee payable on a memorandum of appeal from an order is Rs. 3/12/ -. Since the present appeal is neither under Section 51 nor under Section 58 but under Section 50, the court-fee of rs. 3/12/-was payable on it if the rule as originally framed applied. But on 16-11-1954, after the judgment under appeal was pronounced, the r













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