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WITH TOKEN COURT FEE - NOT PROPER PRESENTATION OF CASE
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Showing posts with label
WITH TOKEN COURT FEE - NOT PROPER PRESENTATION OF CASE
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Saturday, April 13, 2013
WITH TOKEN COURT FEE - NOT PROPER PRESENTATION OF CASE = whether the appellants are entitled to file an appeal on such a nominal and tentative token court fee of Rs.100/- when the actual Court fee comes to Rs.41,626/-?= Earlier when a somewhat similar case came up before this Court in A.S.M.P.No.1468 of 2010 in A.S.S.R.No.4881 of 2008, dated 21-12-2010, this Court, following the decision of a Division Bench of this Court and other several decisions as cited therein viz., Revenue Divisional Officer, Vijayawada v. T. Laxminarayana[1], Dr. D. Satyanarayana Raju v. State Bank of India[2] , Mohammad Mahibulla v. Seth Chaman Lal[3], Mannan Lal v. Mst. Chhotaka Bibi[4] and Nalluri Singaiah v. Bandlapati Kishore Babu[5], did not find favour with the petitioner since it has been held therein that such presentation of appeal with a token court fee would amount to non-presentation at all and consequently the said applications were dismissed. The issue involved in the present case is squarely covered by the issue involved in the above case as there also token court fee of Rs.10/- was paid, whereas the deficit court fee comes to Rs.46,426/-. The petitioner has not shown any valid reason for such non-payment. It dehors the consideration of proper presentation of the appeal admitting that there is no presentation at all in the eye of law. 5. Following principles laid down therein and in the aforesaid decisions, referred to above, we do not see any justification to grant indulgence in favour of the petitioner. As such, all the petitions are dismissed. Consequently, the appeal is rejected.
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ASSR 11260 / 2010 ASSR 11260 / 2010 PETITIONER RESPONDENT THE A.P.E.P.D.C.LTD & 2 ORS VS SMT.DASAR SARASWATHI REDDY P...
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