As Maharashtra Court Fee (Amendment) Act Is Yet To Be Notified By State, Bombay HC Adjourns Petition Challenging Vires Sine Die

The Bombay High Court on Thursday adjourned the petition challenging the vires of the Maharashtra Court Fee (Amendment) Act sine die granting the petitioners liberty to mention the matter once the said amendment is notified by the state.

This development took place after Advocate-General AA Kumbhakoni challenged the maintainability of the petition and submitted that even though the amendment received the assent of the Governor on October 16, 2017, it would only come into force on the date specified by a notification in the official gazette. No such notification has been issued till date thus the petition is premature, said the AG.

The bench of Justice Ranjit more and Justice Prakash Naik was hearing the said petition filed by the Advocates' Association of Bombay High Court Bench at Aurangabad.

Appearing for the petitioners, SB Talekar submitted that the said petition may be adjourned sine die with liberty to mention the matter after said notification is issued.

The court accepted the submission and adjourned the petition sine die.

The said petition had contended that under the guise of the Court Fees Act, the state is trying to increase its general revenue by a sharply increasing court fees. The petition stated: “State has not increased expenses on the administration of Courts and tribunals in recent years, nor has it proposed any increased quality of service, thus the intention of the State is clearly to use the levy for increase in general revenues of the State. Moreover, the State is receiving huge funds by way of court Fees as there has been explosion in the litigation in the recent past.

There is no proportional increase in the number of courts and other infrastructure having regard to a sudden surge in revenue by way of court fees. It is impermissible for the legislature to effect recovery of amount towards general revenue under the guise of Court Fees and such arbitrary increase tantamount to taxation which is beyond the legislative competence of the State legislature.”

The petition argued that the arbitrary increase in court fees by the said amendment violates the basic human right of access to justice as it limits the access of the poorer citizens to courts.

The petition has prayed for the court to hold and declare that the Maharashtra Court Fees Act, 1959 as amended from time to time, including the Maharashtra Court Fees (Amendment) Act, 2017 as ultra-vires Articles 14, 16, 19(1)(g), 21, 38, 39A, 225, 227 and 372 of the Constitution of India, 1950.