RAMESHCHANDRA Vs. STATE OF M P

JUDGEMENT

(1.) IN compliance of our order dated 19.10.2011, Shri K.D. Khan, Principal Secretary, Law and Shri R.K. Verma, Secretary, Law have appeared to assist us.

(2.) IT is stated that an affidavit has been filed by the Law Secretary stating that the notification Annexure P/8 was issued by the State Government in view of the powers as contained in Section 35 of the Court Fees Act, 1870. IT is submitted by Shri Jain that in view of the provision as contained in Section 16C of the Court Fees Act, 1870, the State can deduct the amount from the court fee paid by the plaintiff towards administrative expenses incurred by the State for the court-fee.

(3.) FACTS of the case are that the petitioner filed a First Appeal bearing No.537/2002 before lndore Bench of this Court. Aforesaid matter was settled in Lok Adalat on 21.12.2008. The Bench constituted for the Lok Adalat directed for refund of the court-fee on the memo of appeal in accordance with law. Thereafter, the petitioner moved an application for refund of the court- fee paid on the memo of appeal. While processing the matter, the Registry deducted 10% of the court-fee paid by the petitioner on the memo of appeal. An explanation was furnished to the petitioner that the aforesaid amount is to be deducted by the Registry in view of the notification dated 24.3.2003 issued by the Law and Legislative Affairs Department.