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A petition challenging the vires of the Maharashtra Court Fee (Amendment) Act was adjourned on Thursday by the Bombay high court. The Act sine die granted the petitioners liberty to mention the matter once the amendment is notified by the state. This development was sorted after Advocate-General AA Kumbhakoni challenged the maintainability of the petition. He has humbly submitted that even though the amendment has received the assent of the governor on October 16, 2017, it will only come into force on the date specified by the notification in the official gazette. The notification has been not issued any dates as such, since the petition is premature. This petition was heard by the bench comprising of Justice Ranjit More and Justice Prakash Naik which was filed by the association of Bombay High Court Bench at Aurangabad.
SB Talekar, appearing from the petitioners side, has humbly submitted that “the petition may be adjourned sine die with liberty to mention the matter after said notification is issued.” The court has accepted the submission and has adjourned the petition sine die.
The main purpose of filing the petition was that the Act was letting state increase its general revenue by sharply increasing the court fees. The petition has argued that such arbitrary increase in the court fees has violated the basic human right to access justice, which is his basic fundamental right.
Finally the petition has prayed for the court to hold and declare that Maharashtra Court Fees Act, 1959 as amended from time to time, including the Maharashtra Court Fees(Amendment) Act, 2017 as ultra-vires Articles 14, 16, 19(1)(g), 21, 38, 39A, 225, 227 and 372 of the Constitution of India, 1950.
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