ACHINTA MILI Vs. STATE OF ASSAM

JUDGEMENT

(1.) :-This matter has been listed before the Division Bench in view of the order dt. 21-2-94 passed by a single Judge of this court. The order dt. 21-2-94 reads as follows : "Mr. S. N. Medhi, learned counsel for the petitioners submits that under Chapter-VA Rule 1 of the Gauhati High Court Rules all the petitioners need not pay separate courtfee if the relief sought for is identical. In view of the circular circulated by the Registry 1 propose to refer the matter before a Division Bench. Accordingly, the matter is placed before the Hon'ble Chief Justice for necessary order".

(2.) Under the Court-fee (Amendment) Act, 1972, Schedule II, 1(e) provides as follows : (e) When presented to a High Court (II) under Article 226 of the Constitution of India = Rs. 50.00

(3.) It is established principle of law that the Court-fee is a fiscal matter and like all other tax matters it must be interpreted strictly. Court-fee is also intended not to arm a litigant with a weapon of technicality but to secure revenue to the State.