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may 1967

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.

THE VISHNU PRATAP SUGAR WORKS (P) LTD. vs THE CHIEF INSPECTOR OF STAMPS, U.P. · Niyam