R.P. GUPTA Vs. STATE OF M.P.

JUDGEMENT

(1.) DIFFERENCE of opinion as to whether an order dated 18.11.2011 passed in W.P. No. 14740/2008 : Ashok Kumar vs State of M.P. and others and the batch of writ petitions, viz. W.P. No. 1796/2007, 3437/2007, 3804/2007, 3822/2007, 8611/2008 and 14738/2008 could be reviewed for the reasons mentioned in Review Petitions : R.P. No. 124/2012 and R.P. 306/2012, has paved the path for laying the matter before this Court for an opinion as to "whether in the facts and circumstances of the case, the review petitions are to be allowed or dismissed".

(2.) THE writ petition called in question the validity of provisions of the Court Fee (M.P. Amendment) Act, 2008 in so far as it substitutes Article 11a(i) in the second schedule appended to the Court Fee Act, 1870, stipulating -

(3.) THE Division Bench while taking into consideration the statement of objects and reasons which ushered the amendment in the Stamp Act and the problem experienced to be alleviated. And, taking into consideration the increasing expenditure, the State had to incur expenditure towards maintenance of judicial establishment and the implementation of recommendations of Justice Shetty Commission. And, considering that as regard to laws relating to economic activities the Court shall feel more inclined to give judicial deference, as compared to other areas where fundamental rights are involved, negatived the claim by holding that the amendment is neither discriminatory nor arbitrary, nor does it create any impediment in access to justice.