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february 1979

Supreme Court of India · 1979-02-12

STATE OF HARYANA vs DARSHANA DEVI & ORS.

Citation / case number
SC 1978/90289
Court
Supreme Court of India
Petitioner
STATE OF HARYANA
Respondent
DARSHANA DEVI & ORS.
Bench
KRISHNAIYER, V.R.

Judgment text excerpt

The Supreme Court emphasized that the insistence on court fees undermines access to justice for the indigent, as mandated by Article 14 and Article 39A of the Constitution. The Court upheld the Punjab and Haryana High Court's decision to apply Order XXXIII of the Civil Procedure Code to tribunals, allowing 'pauper' provisions for auto-accident claims. The Court urged the State of Haryana to frame rules exempting court fees for compensation claims arising from automobile accidents, reinforcing the principle that access to justice is a fundamental human right.

STATE OF HARYANA vs DARSHANA DEVI & ORS. · Niyam