Case Note & Summary
The case involved an appeal by Bibhuti Bhusan Chatterjee against the orders of the Magistrate and the Additional Sessions Judge regarding a proceeding 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 under Article 9 of the Court Fees Act, 1870. The appellant contended that the legislative intent was to provide accused persons with necessary documents free of charge, arguing that requiring court fees was inconsistent with this policy. The Supreme Court analyzed the provisions of the Court Fees Act and concluded that the certified copies of criminal judgments must bear the prescribed court fees. The court emphasized that the policy considerations regarding the Code of Criminal Procedure were irrelevant to the interpretation of the Court Fees Act. Ultimately, the Supreme Court dismissed the appeal, affirming the High Court's decision and practice regarding the chargeability of court fees on certified copies.
Headnote
A) Court Fees - Chargeability of Certified Copies - Certified copies of criminal judgments must bear court fees - Court Fees Act, 1870, Section 4, Article 9 - The court held that certified copies of criminal orders intended for filing before the High Court are chargeable with court fees as prescribed by Article 9, rejecting the appellant's argument regarding legislative policy to provide documents free of charge. Held that the High Court's practice was consistent with the provisions of the Act (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 judgments must bear court fees as prescribed by Article 9 of the Court Fees Act, 1870.
Law Points
- Court Fees
- Judicial Proceedings
- Criminal Procedure
- Legislative Policy
