Payment of Court-fees: Analysis of Rao Saheb Raghunath Ganesh Thakar v. Vaman Vasudev Chitale


Shreem Bajpai*


Published on September 30, 2021 | Manuscript Number: 2021/LNLR/30120 | Page Numbers: 120-127

Abstract: The Court Fees Act came into force in the year 1870. Two reasons are key while discussing the necessity of the Act. Firstly, in order to reduce the unnecessary workload on the Judiciary due to the institution of vexatious lawsuits. Secondly, in order to cover the costs that are incurred during day-to-day activities of the Court. It is not to generate some extra revenues. The article focuses on one of the many facets of the Court Fees Act. It focuses on payment of the requisite court-fees that is levied before or during the lengthy court procedures. The article is an analysis of the landmark judgement pronounced by the Bombay High Court in 1950. Firstly, the article commences with an introduction to the Act and the case followed by a section explaining the brief facts of the case. The third section of the article concerns itself with the statutory provisions that are key in the Judgement. This section takes on a detailed discussion on Sections 6, 7, and 28 of Court Fees Act. Next section comprises the issues raised and decided by the court. The next section deals with the valuable observations that were made by the esteemed bench. The sixth section entails the decision of the court. Followed by a small section concluding the article.

Keywords: Vexatious Lawsuits, Lengthy Court Proceedings, Court Fees Act 1980.

*Himachal Pradesh National Law University, Shimla

Cite as: Shreem Bajpai, Payment of Court-fees: Analysis of Rao Saheb Raghunath Ganesh Thakar v. Vaman Vasudev Chitale (2021) 1(2) LKO. L. REV. 120