Supreme Court of India · 1963-11-15
STATE OF MAHARASHTRA vs MISHRI LAL TARACHAND LODHA ANDOTHERS
- Citation / case number
- SC 1962/138
- Court
- Supreme Court of India
- Petitioner
- STATE OF MAHARASHTRA
- Respondent
- MISHRI LAL TARACHAND LODHA ANDOTHERS
- Author
- GAJENDRAGADKAR, P.B.,SUBBARAO, K.,WANCHOO, K.N.,SHAHC.,DAYAL, RAGHUBAR
- Bench
- GAJENDRAGADKAR, P.B.,SUBBARAO, K.,WANCHOO, K.N.,SHAH, J.C.,DAYAL, RAGHUBAR
Judgment text excerpt
The Supreme Court held that the expression 'amount or value of the subject-matter in dispute' in Article 1 of Schedule 1 of the Bombay Court Fees Act, 1959, must be construed strictly in favor of the litigant. It was determined that claims dependent on the decision of disputed rights do not fall under this expression. The Court ruled that pendente lite interest is not included in the subject-matter value unless specifically challenged, affirming the High Court's decision as the appeal did not contest the interest awarded.