Case Note & Summary
The case involved an appeal by Bibhuti Bhusan Chatterjee against the orders passed by the Magistrate and confirmed by the Additional Sessions Judge under Section 107 of the Code of Criminal Procedure. The appellant challenged the requirement to pay court fees on certified copies of orders filed with his Criminal Revision Application in the High Court at Patna. The High Court had ruled that such copies were chargeable with court fees, consistent with its prevailing practice and Article 9 of the Court Fees Act, 1870. The appellant argued that the legislative intent behind the Code of Criminal Procedure was to provide accused persons with necessary documents free of charge, and thus requiring court fees on certified copies was inconsistent with this policy. The Supreme Court analyzed the provisions of the Court Fees Act and concluded that the requirement for court fees on certified copies of criminal orders was valid. The court emphasized that the language of Article 9 was clear and did not support the appellant's arguments regarding legislative policy. Ultimately, the Supreme Court dismissed the appeal, affirming the High Court's decision and the requirement for court fees on certified copies.
Headnote
A) Court Fees - Chargeability of Certified Copies - Requirement of Court Fees on Criminal Orders - Court Fees Act, 1870, Section 4, Article 9 - The court held that certified copies of criminal judgments or orders intended for filing before the High Court must bear the court fee stamp as prescribed by Article 9 of the Court Fees Act, 1870. The court reasoned that the provisions of the Act are clear and unambiguous, and any hypothetical considerations regarding the policy of the Code of Criminal Procedure are irrelevant. Held that the High Court's practice was justified (Paras 1-2).
Issue of Consideration
Whether certified copies of criminal orders are chargeable with court fees under the Court Fees Act, 1870.
Final Decision
The Supreme Court dismissed the appeal, affirming the High Court's ruling that certified copies of criminal orders must bear the prescribed court fees.
Law Points
- Court Fees
- Judicial Proceedings
- Criminal Procedure
- Revision Application
- Legislative Policy
