Case Note & Summary
The petitioner, Smt. Arti wd/o Deepak Kamlakar, filed a writ petition before the Bombay High Court, Nagpur Bench, seeking exemption from payment of court fees. She relied on a notification issued by the State of Maharashtra bearing No. STP 1094/CR859/M1 dated 1st October 1994, which she claimed granted exemption to widows. The court examined the notification and found that it did not provide a blanket exemption to all widows but only to specific categories such as widows of freedom fighters or persons who died in certain circumstances. The petitioner, being a widow of an ordinary person, did not fall within any of those categories. Consequently, the court held that she was not entitled to the exemption and dismissed the petition. The court also noted that the petition was filed without payment of court fees and directed the petitioner to pay the requisite court fees within a specified period. The judgment was delivered by Justice S.B. Shukre on 28th June 2018.
Headnote
A) Court Fees - Exemption from Payment - Government Notification - The petitioner, a widow, sought exemption from court fees relying on a notification issued by the State of Maharashtra. The court held that the notification does not grant exemption to widows generally but only to specific categories such as widows of freedom fighters or similar. Since the petitioner did not fall within any such category, she was not entitled to exemption. (Paras 4-6)
Issue of Consideration
Whether the petitioner, a widow, is entitled to exemption from payment of court fees under the Government of Maharashtra notification dated 1st October 1994.
Final Decision
The petition is dismissed. The petitioner is not entitled to exemption from payment of court fees. Rule discharged. No order as to costs.
Law Points
- Court fees exemption
- Notification interpretation
- Widow status
- Government notification No. STP 1094/CR859/M1 dated 1st October 1994
