Niyam v2 is live — start for just ₹100 — 200 credits to try

september 1988

Supreme Court of India · 1988-09-22

P.M. ASHWATHANARAYANA SETTY & ORS. ETC. ETC. vs STATE OF KARNATAKA & ORS.

Citation / case number
SC 1988/70938
Court
Supreme Court of India
Petitioner
P.M. ASHWATHANARAYANA SETTY & ORS. ETC. ETC.
Respondent
STATE OF KARNATAKA & ORS.
Author
M.N. VENKATACHALLIAH
Bench
M.N. VENKATACHALLIAH

Judgment text excerpt

The Supreme Court examined the constitutional validity of the ad valorem court fee provisions under the Karnataka Court Fees and Suits Valuation Act, 1958, Rajasthan Court Fees and Suits Valuation Act, 1961, and Bombay Court Fees Act, 1959. The Court upheld the validity of the provisions allowing uniform ad valorem fees without an upper limit, stating that such levies do not convert fees into taxes and are permissible under Article 14 of the Constitution. The Court also clarified that the distinction between 'tax' and 'fee' must be maintained, and the High Court's decisions were affirmed, rejecting the challenges to the provisions' constitutionality.

P.M. ASHWATHANARAYANA SETTY & ORS. ETC. ETC. vs STATE OF KARNATAKA & ORS. · Niyam