Delhi High Court today has passed the verdict in the writ petitions challenging the Amendments to the Court Fee applicable in Delhi.
The Full text of the judgement can be accessed here: –
My friends at LegallyIndia.com have also covered the news item here.
My own earlier post, heavily criticising the perverse and illogical amendments about the portion specifically to the intellectual property actions is available here.
I specifically put across the question that what is the rationale for allowing cash rich companies to file a civil action for intellectual property for a fixed fee of Rs. 5,000 whereas a common man had to arrange not less than Rs. 80,000 before approaching the High Court for a civil action.
I am most content to note that their Honours sitting in the Division Bench (Gita Mittal & J. R. Midha) (DB) have devoted an entire section of the judgement to this perversity by the Delhi Government.
More specifically, DB notes that Delhi Government has not been able to advance any reasoning for this treatment. In specific words of the DB in paragraph 506 of the judgement: –
No object for such magnanimity is disclosed for such favoured treatment to these classes of litigation.
The DB further echoed sentiments of my blog in paragraph 507 in following words: –
The parties to this litigation are largely economic giants. They are certainly not the economically deprived whose access to justice was or would be impeded by court fee levy.
The DB, in para 509 holds that such under charging of the court fees is an arbitrary exercise and prescription without any basis.
Let us see what happens in the Supreme Court. I still need to study the entire ruling. However, with respect to the intellectual property actions, I am glad DB agreed with me that the litigants were misusing the Court Fee provisions.