RAJKOT BOROUGH MUNICIPALITY Vs. BHAVAN KHENGAR CHOTLIA

JUDGEMENT

(1.) A complaint filed by the Rajkot Borough Municipality was dismissed on the ground that process fee had not been paid. The contention of the Municipality that no process fee was required on a complaint filed by the Municipality was rejected by the learned Sessions Judge who relied on Note (2) to Para 1 of Chapter II of the Criminal Manual of the High Court Of Bombay 1960 and the learned Sessions Judge observed as follows:-

(2.) Section 32 of the Bombay Court-fees Act 1959 reads as follows:-

(3.) The High Court has also power to frame rules under Sec. 20 of the Court Fees Act VII of 1870 and these Rules were published at page 149 of the Bombay Government Gazette for 1875 Part I. These rules were partly amended in 1931 by the High Court of Bombay by Notification No. 1814 date 10-8-1931 published in the Bombay Government Gazette Part I dated 13-8-1931 at page 1843 and the said notification reads as under:-