On 1st Sept, 16 Supreme Court held that it is legal to impose 1℅ Additional Court Fees for Wefare Scheme For Advocates.
The next step is ; Advocates of all other States should persuade their Governments to pass similar amendment in Court Fees Act of their State.
Supreme Court upheld validity of following provision in Kerala Court Fees Act:
“76. Legal Benefit Fund. –
(1) Notwithstanding anything contained in this Act or any
other law for the time being in force, it shall be competent
for Government to levy an additional court fee, by
notification in the Gazette, in respect of appeals or
revisions to tribunals or appellate authorities, other thanCivil and Criminal Courts, at a rate not exceeding one per
cent of the amount involved in the dispute in cases where
it is capable of valuation and in other cases at a rate not
exceeding one hundred rupees for each appeal or
revision."
After this issue is now settled by Supreme Court, burden is on Advocates to take up this matter at Govt level by moving political people.
Case reference : Cardamom Versus Kerala Judgement dated 1/9/2016 ( Three Judges Bench Judgement)
Haresh Raichura 12/12/16
