POPULAR BANK LTD Vs. STATE

JUDGEMENT

(1.) The learned Government Pleader states that the court fee payable on these applications is governed by R.5 to 10 of the rules made under S.24 of Act 31/58 which section provides that rules so made shall be valid as if enacted by the Act. That being so the fee payable is only 75 n P. although the application is before the High Court and the fee would usually be Rs. 2/ under Art.1 of Sch. II of the Travancore-Cochin Court Fees Act, II of 1125. To this extent the rules in question modify this particular article and apart from the powers expressly given by S.24(2) (ii) of Act 31/58 to frame rules prescribing the fees to be paid in respect of applications under that Act there is also the general power of reduction and remission in S.36 of the Court Fees Act.