Supreme Court · 1988 INSC 293 · Decided 22 September 1988
P.M. Ashwathanarayana Setty & ORS. ETC. ETC. v. State of Karnataka & ORS.
- Court
- Supreme Court of India
- Citation
- 1988 INSC 293 · [1988] SUPP. 3 S.C.R. 155
- Case number
- SPECIAL LEAVE PETITION (CIVIL) No. 2604/1988
- Decided
- 22 September 1988
- Bench
- R.S. PATHAK, S. NATARAJAN, M.N. VENKATACHALIAH (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Constitution
Headnote
Bombay Court Fees Act, 1959-Ad valorem Court fee without any upper limit had to be paid on grants of probate etc. discriminatory. Constitution of India. 1950: Court fees-Levy of uniform ad valorem Levy without prescribing any upper limit-Whether alters character of levy and converts if from 'fee' Court Fees and Suits Valuation Act, 1958--Rajasthan Court Fees and Suits Valuation Act, 1961-Bombay Court Fees Act, 1959-Constitutional validity of. 'Tax' and 'fee'-Distinction between governmental agencies imposing fee to justify impost and its quantum as return for special services. Courts
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