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Krishnan Iyer (Law Officer)     11 February 2013

Recent sc judgements on sec 138 of ni act

Hi,

Can anyone please help me with any very recent SC Judgement with regards to No Court Fees in Sec 138 cases for cases triable in mumbai if any.

 

Thanks in advance



Learning

 5 Replies

Sankaranarayanan (Advocate)     11 February 2013

check with indiakanoon.org ,  what is the real mattter you need u/s 138

Krishnan Iyer (Law Officer)     12 February 2013

i want a recent judgement on no court fees to be levied by the Maharashtra State Government on sec 138 cases is there any recent judgement with regards to the same. 

B.K.GUPTA... (ADVISOR)     13 February 2013

In the Supreme Court on 26.9.2012 interim order  was passed and it was modified

on 16.10.2012.Text of the order is reproduced below for your information:

"I.A.Nos.11-15 of 2012 in SLP(C)Nos.28958-28962 of 2012


These applications have been filed by Delhi Bar Association for its
impleadment as party to the special leave petitions.
Having heard learned senior counsel for  the  applicant,  we  are  satisfied
that ends of justice will be served by granting leave to  the  applicant  to
act as an intervenor in the proceedings  of  the  special  leave  petitions.
Ordered accordingly.
I.A.Nos.16-20 of 2012 in SLP(C)Nos.28958-28962 of 2012


Arguments heard.


Learned senior counsel appearing for the applicant-intervenor has made
certain suggestions.  Learned Solicitor General says that he will consult
the concerned authorities and make a statement on the next date of hearing.
For further hearing, the case be listed on 30.10.2012.
While adjourning the case, we make it clear that the  High  Court  shall  be
free to proceed with the final hearing of the writ petition.

                                                                    


The interim order passed on 26.09.2012 is modified in the following terms:
i)         No  Court  fee  shall  be  payable  on  the   written   statement
(simplicitor).
ii)  No Court fee shall be payble on the complaint filed under  Section  138
of the Negotiable Instruments Act,  1881  and  the   application  filed  for
review of the judgment/order passed by the Courts.
                    All the interlocutory  applications  stand  disposed  of
accordingly."
 

B.K.GUPTA... (ADVISOR)     13 February 2013

The SLP was finally listed on 30.10.2012 and the SC decided the SLP as:

"These petitions are directed against interim orders  passed
      by the Division Bench of the Delhi High Court whereby  the  amendments
      made in Court Fees Act, 1870 by Court Fees (Delhi Amendment) Act, 2012
      were stayed.
                 We have heard learned counsel for the parties  and  perused
      the record.
                 In our view, ends of justice will be served  by  requesting
      the High Court to dispose of  the  main  writ  petition  as  early  as
      possible with the direction that interim order passed by this Court on
      26.09.2012, as modified on 16.10.2012, shall remain operative till the
      disposal of the writ petition by the High Court.
                 Ordered accordingly.
                 The special leave petitions are disposed of in  the  manner
      indicated above."
 

dr g balakrishnan (advocate/counsel supreme court)     14 December 2014

one need to understand when sec 138 r/w 142 under NI Act , it is criminal complaint,any criminal case under law of crimes is the case of state and so there cannot be court fees for court fees are applicable only incivil cases  is the purport 


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