AIR 2005 KERALA 307 ::2006 (1) AKAR (NOC) 20 (KER) ::2006 (1) AIR Kar R 20 ::2005 (3) KerLT 1052 ::(2005) ILR(ker) 4 KER 593

Kerala High Court

Hon'ble Judge(s): Thottathil B. Radhakrishnan , J

(A) Kerala Court-fees and Suits Valuation Act (10 of 1960) , S.76(1)— Levy of additional Court-fee - Notification issued by State Government authority authorising such levy in exercise of power under S. 76(1) in respect of appeals or revisions to Tribunals and constitution of legal benefit fund - Impugned notification and provision are not made referable to Entry 54 or Entry 66 of State List of Seventh Schedule of Constitution - Section 76 is well within competence of State Legislature. Constitution of India , Sch.VII List II Entry 3, Sch.VII List II Entry 54, Sch.VII List II Entry 66— The State Government issued a notification authorising levy of additional Court-fee and constituting legal benefit fund for crediting proceeds of such fees. The notification was issued in exercise of power under S. 76(1) of Kerala Court-fees and Suits Valuation Act, 1959. By the 42nd Amendment to the Constitution in 1976, administration of justice became a concurrent subject, having been included as Entry 11A in List III and necessary modifications having been made to Entry 3 in List II. Administration of justice is a distinct topic, be it under Entry 11A in List III where it now stands or at Entry 3 in List II as it stood prior to the 42nd Amendment to the Constitution. The gaze of Art. 39-A continues to instill any legislation referable to the topic of adminis....