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Krishnan Iyer (Law Officer)     27 October 2012

Supreme court judgement on no court fees u/s 138 of ni

Hi, can anyone help me with the latest judgement by supreme court with regards to No court fees in Sec 138 cases of Negotiable Instrument Act in Maharashtra



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 5 Replies

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     27 October 2012

It seems there is some misreporting.

The citation may be from DELHI HIGH COURT  and not from SC and may be applicable for DELHI NCR area only.

Krishnan Iyer (Law Officer)     27 October 2012

thanks, but can i plz get the case details as well

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     27 October 2012

From where you got the news it may have details.

If you can give names of the Judges , we can search the citation.

However it can not be FOR  MAHARASHTRA also since in that case the State Govt has also to be heard.

Ats (Associate)     27 October 2012

The Delhi Court Fees (Amendment) Act, 2012 revised Court Fees for Delhi. The amendment was challenged before the Delhi High Court in Writ Petition (Civil) No.4770 of 2012. By orders dated 28.08.2012, 13.09.2012 and 14.09.2012, the Delhi High Court stayed the operation of the amendment Act. These orders were challenged in SLP (Civil) 28958 of 2012 before the Supreme Court. By order dated 26.09.2012, the Supreme Court stayed the operation of the orders of the delhi High Court. Subsequently, on an intervention by the Delhi Bar Association, the Supreme Court, by its order dated 16.10.2012 modified its earlier order dated 26.09.2012 to the extent that no Court Fees shall be payable on Written Statement, Complaint under Section 138 NIA and Review applications.

Nothing to do with any Maharashtra law to the best of my knowledge.

Krishnan Iyer (Law Officer)     27 October 2012

thank you all for the help


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