CHANDER BHAN GOSAIN versus ST ATE OF ORISSA & ORS.

CHANDER BHAN GOSAIN versus ST ATE OF ORISSA & ORS.

Only one set of court fees and other charges should be paid when a single petition under Article 226 of the Constitution challenges multiple assessment orders, as it is considered a single proceeding.

Parties
Appellant: Chander Bhan Gosain; Respondents: State of Orissa & Ors.
Jurisdiction
India
Judgment Date
05 April 1963
Procedural Posture
Civil Misc. Petition No. 1398 of 1962 / Civil Appeal Against Order of Deputy Registrar March 28, 1962 / Supreme Court Appellate Decision
Outcome
Appeal allowed on court fee issue but failed on the merits of original writ; appeal dismissed with costs.
Legal Topics
Court Fees, Appeals, Assessment Orders, Article 226 Petitions
Civil Procedure Taxation Court Fees Appeals Assessment Orders Article 226 Petitions

Case Brief

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Parties

Chander Bhan Gosain

Appellant

State of Orissa & Ors.

Respondents

Procedural Posture

Civil Misc. Petition No. 1398 of 1962 / Civil Appeal Against Order of Deputy Registrar March 28, 1962 / Supreme Court Appellate Decision

Legal Issues

  1. 1 Whether the appellant should pay multiple sets of court fees for a single petition challenging multiple assessment orders under Article 226

Ratio Decidendi

Only one set of court fees and other charges should be paid when a single petition under Article 226 of the Constitution challenges multiple assessment orders, as it is considered a single proceeding.

Court Disposition

Appeal allowed on court fee issue but failed on the merits of original writ; appeal dismissed with costs.

Orders

  • Appellant liable only for one set of court fee and other charges as in a single appeal.
  • Action for refund of excess charges if necessary.