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1991 Supreme(MP) 351

B.C.VARMA, R.D.SHUKLA
LAND ACQUISITION OFFICER, UPPER BAINGANA PROJECT, SEONI – Appellant
Versus
LAXMINARAYAN – Respondent


Advocates Appeared:
R.P.JAIN, S.S.JHA

B. C. VARMA, J.

( 1 ) THIS is an appeal under Section 54 of the Land Acquisition Act against the award made by the District Court. What court-fee on the memorandum of appeal and on the cross-objection is payable is the question. According to the appellant, the court-fee payable is as prescribed under Article 11, Schedule II of the Court-fees Act and not ad-valorem. To support this contention, the appellant relies on a Full Bench decision of this Court in Shantilal v. Town Improvement Trust, Ratlam, AIR 1978 M. P. 8. which in turn draws support from the decision of the Supreme Court in Diwan Brothers v Central Bank of India, AIR 1976 SC 1503. With this view of the Full Bench we are bound. The learned Deputy Advocate General, however, referred to this Court a later decision of the Supreme Court in C. G. Ghanshamdas v. Collector of Madras, AIR 1987 SC 180, and contended that a decision by the Court is an order and not a decree and, therefore, ad-valorem court-fee is payable on the amount of the difference between the amount awarded by the Court and the amount claimed in appeal. This decision in Ghanshamdas's case (supra) turns upon the term 'order' mentioned in Section 51 of the Tamil



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