ASLAM INDUSTRIES LTD., KHANPUR vs PAKISTAN EDIBLE CORPORATION AND Other
This matter arises from a petition for leave to appeal concerning the demand for an additional court-fee. The core legal question is whether section 17 of the Court Fees Act, 1870 is subject to the proviso to Article 1 of Schedule I of the said Act, as substituted by section 8 of the Punjab Finance Act, 1973, rendering the demand for an additional court-fee of Rs. 15,000 unwarranted when that amount had already been paid on the suit. The Supreme Court of Pakistan held that the contention requires further consideration and accordingly granted leave to appeal, while directing security to be furnished and staying the payment of the additional court-fee in the interim. The key principle laid down is that substantial legal contentions regarding statutory interpretation of court-fee provisions warrant a full hearing upon the grant of leave.
- Is section 17 of the Court Fees Act, 1870 subject to the provisions of the proviso to Article 1 of Schedule I of the said Act as substituted by the Punjab Finance Act, 1973?
- Whether the demand for an additional court-fee is warranted when the requisite court-fee has already been paid on the suit?
- Section 17, Court Fees Act 1870
- Article 1, Schedule I, Court Fees Act 1870
- Section 8, Punjab Finance Act 1973
ORDER
1. NASIM HASAN SHAH, J.-The contention raised is that section 17 of the Court Fees Act, 1870 is subject to the provisions of the proviso to Article 1 of Schedule I of the Court Fees Act, as substituted by section 8 of the Punjab Finance Act, 1973, and, therefore, the demand of the additional court-fee of Rs. 15,000 was unwarranted inasmuch as the court-fee of Rs. 15,000 had already been paid on the suit.
2. The contention raised requires further consideration. Leave is, accor--dingly, granted.
3. Security in the sum of Rs. 2,000 within one month.
4. The appeal to be made ready on the present record with liberty to the parties to add further documents, if any.
5. The payment of additional court-fee stayed meanwhile.