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P. NAVEEN RAO, G. RADHA RANI
Syed Mohammed Hussain, S/o. Syed Vasi Fasli Hyder – Appellant
Versus
District Legal Services Authority – Respondent
ORDER :
P.NAVEEN RAO, J.
Petitioners herein instituted O.S.Nos.72, 73, 74, 75 and 76 of 2009 in the Court of VII Additional District and Sessions Judge-cum-Judge, Family Court, Medak at Sanga Reddy, praying to declare the plaintiffs as absolute owners of suit schedule properties and to direct the defendants to deliver the possession of the suit schedule properties to the plaintiffs. Plaintiffs were represented by the General Power of Attorney Holders. The GPA holders applied to the District Legal Services Authority to exempt them from paying the court fee. The Secretary, District Legal Services Authority, Medak at Sanga Reddy issued certificates of exemption on 24.09.2009. The certificates were presented before the Court below for exemption from payment of court fee. Sixteenth plaintiff died. Syed Farhatullah Sohail, Syed Akbar Zamani @ Farzana Khan and Syed Shafakahullah Khaleel were impleaded as legal heirs of the deceased 16th plaintiff as per the orders of the Principal District & Sessions Judge, Medak at Sanga Reddy. Aggrieved thereby, revision petitions were preferred. This Court directed those persons to be impleaded in the array as defendants instead of 16th plaintiff. Accord
The main legal point established in the judgment is that legal aid service, including exemption from court fee, must be strictly assessed and can be reviewed at any time, especially if obtained throu....
The main legal point established is that exemptions from court fees should be granted judiciously and that the government should amend the rules to provide clarity.
Point of Court : When there is a violation of principles of natural justice and mandatory statutory mechanisms, aggrieved parties may invoke writ jurisdiction to cure the manifest errors of law in im....
The delay in filing an appeal cannot be condoned without giving an opportunity of hearing to the opposite party. The exemption from payment of Court fee is applicable to 'plaint' only and not to 'mem....
It shall be the duty of the Advocate General to give advice to the Government of the State upon such legal matters, and to perform such other duties of a legal character, as from time to time be refe....
Court fee - Court can grant extension of time for payment of the balance court fee beyond a period of 30 days.
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