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PETITIONER: STATE OF BOMBAY
Vs.
RESPONDENT: SUPREME GENERAL FILMS EXCHANGE LTD.(with connected appeal)
DATE OF JUDGMENT: 22/04/1960
BENCH: DAS, S.K. BENCH: DAS, S.K. SARKAR, A.K. HIDAYATULLAH, M.
CITATION: 1960 AIR 980 1960 SCR (3) 640
ACT: Court Fee-Amendment of statute enabling levy of higher court fee-When retrospective--Suit instituted before amendment, appeal field thereafter--Court fee on memorandum of appeal- Court Fees Act, 1870 (7 of 1870), ss. 4, 6, Sch. 1, Art. 1--Court Fees (Bombay Amendment) Act, 1954 (Bom. 12 of 1954).
HEADNOTE: In 1954 certain amendments were made in the Court Fees Act, 1870, as applied to Bombay by the Court Fees (Bombay Amendment) Act, 1954, by which the system of charging court fees in the Bombay High Court on the original Side was altered and instead of a fixed fee payable on the plaint, etc., ad valorem fees became leviable. The amendments came into force on April 1, 1954, but there was no provision, express or by necessary intendment, for giving them retrospective effect. In respect of appeals filed after that date against decrees passed in suits instituted before that date, the question arose as to whether the court fees payable on the memoranda of appeal were according to the law in force at the date of the filing of the suits or according to the law in fo...