AIR 2016 MADHYA PRADESH 1 ::(2016) 158 AllIndCas 608 (MP) ::(2016) 1 CivLJ 547 ::(2016) 1 RecCivR 289 ::(2015) 4 MPLJ 426 ::2016 (2) KLT SN 35 (MP)

Madhya Pradesh High Court

Hon'ble Judge(s): A. M. Khanwilkar , C.J. AND Shantanu Kemkar, J. K. Maheshwari , JJ

(A) Court-fees Act (7 of 1872) , Sch.I Art.1A— [as amended by Court Fees (Madhya Pradesh Amendment) Act of 2008] - Court fees on memorandum of appeal - Unamended provision of Art. 1A prescribing onerous court fees - Amended provision rationalising Court fees - Beneficial legislation to be strictly construed - Court fees to be charged as per amended provision dispite fact that suit was instituted prior to enforcement of amendment. 2009 (4) MPLJ 50, Overruled.Interpretation of Statutes - Beneficial amendment in Court fees - How to be construed. Constitution of India , Art.14— Quantum of Court fees specified on the date of filing of suit, if is much higher and irrational, it cannot govern the filing of appeal by the party to the said suit/proceedings before the superior Court if in the meantime beneficial legislation is introduced in the shape of amendment of the Court-fees Act to rationalise the Court fees leviable on such proceedings. The Amendment of 2008 vide Amendment M. P. Act. No. 6 of 2008 is a beneficial legislation and also intends to remove the mischief caused to the litigating public because of ad valorem Court Fees without any upper limit therefore. The court fee, if it seriously restricts the rights of a person to seek his remedies in courts of justice, should be strictly construed. The litigating public in the State ....