Supreme Court of India · 1967-05-04
THE VISHNU PRATAP SUGAR WORKS (P) LTD. vs THE CHIEF INSPECTOR OF STAMPS, U.P.
- Citation / case number
- SC 1966/60148
- Court
- Supreme Court of India
- Petitioner
- THE VISHNU PRATAP SUGAR WORKS (P) LTD.
- Respondent
- THE CHIEF INSPECTOR OF STAMPS, U.P.
- Bench
- SHELAT, J.M.
Judgment text excerpt
The Supreme Court ruled that the court fees payable on a plaint seeking an injunction against the State of U.P. for the recovery of sugarcane cess and purchase tax were governed by clause (b) of subsection (iv-B) of Section 7 of the Court Fees Act, 1870. The Court held that the plaint did not seek a declaration that the Acts were void, but rather assumed their invalidity, thus not falling under clause (a) of subsection (iv-A). The High Court's reversal of the trial Court's decision was set aside, affirming the trial Court's position on court fees.