Supreme Court · 1979 INSC 230 · Decided 6 November 1979
State of Uttar Pradesh v. PT. Chandra Bhushan Misra
- Court
- Supreme Court of India
- Citation
- 1979 INSC 230 · [1980] 1 S.C.R. 1131
- Case number
- CIVIL APPEAL No. 2614/1969
- Decided
- 6 November 1979
- Bench
- R.S. SARKARIA, O. CHINNAPPA REDDY (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 351, 158, 2(1); Constitution
Headnote
1131 Code of Civil Procedure 1908-Rules frar11ed by the High Court-If lun·e the san1e force as if originally enacted in the c'ode.. A second appeal under section 100 Code of. Civil Procedure 1908 was allowed by the AJl;ihabad High Court and the matter was remanded by the High Court under Appellate Court for fresh disposal in accordance with law. A majority of the Division Bench allowed the respondents claim for refund of the court fees on the view that refund could be ordered under section 13 of the Court Fees Act even \Vhere the remand was made under the· amended pro-­
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