✦ Bombay High Court · 17 Feb 2005

Shrikrishna Vinayak Sathe & Anr. v. Lt.Col.Maire Venkatramana

Case at a glance

Provisions considered

Key paragraphs

  • Para 22. The petitioner-defendant no.6 has impugned the order dated 11.9.1997 by which his application - ‘Exhibit 23’ filed in Special Civil Suit No.1009/1997 came to be rejected. That application was - filed for seeking directions against the respondent-plaintiff to pay Court fee stamp on the…

Judgment

Shrikrishna Vinayak Sathe & Anr. .. Petitioners Vs. Lt.Col. Maire Venkatramana Nayak (Retd.) and Ors. .. Respondents. Mr.S.G.Karandikar for the petitioner. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 17TH FEBRUARY, 2005 DATED : 17TH FEBRUARY, 2005 DATED : 17TH FEBRUARY, 2005 P.C.: . Heard Mr.Karandikar, learned counsel for the petitioner.

#2. The petitioner-defendant no.6 has impugned the order dated 11.9.1997 by which his application - ‘Exhibit 23’ filed in Special Civil Suit No.1009/1997 came to be rejected. That application was - filed for seeking directions against the respondent-plaintiff to pay Court fee stamp on the claim submitted by him. The plaintiff was exempted from paying Court fees based on the Notification No.CTF.1771/83959-M-1, dated 2.3.1977 published in Government Gazette and on section 21(1)(a) of the Army Act, 1950. Admittedly, the respondent is 2 2 2 ex-serviceman/retired service man. Mr.Karandikar, learned counsel for the petitioner could not and did not point out any infirmity in the impugned order which was passed relying on the aforementioned notification. I find no reason to interfere with the order impugned in the present writ petition. The writ petition, therefore, fails and is dismissed as such. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)

Questions this judgment answers

Which statutory provisions did this judgment involve?

Army Act, 1950 — s. 21(1)(a).

Which court decided this case, and when?

Bombay High Court, on 17 Feb 2005. The bench was D B BHOSALE.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Bombay High Court or eCourts case status (search case no. Writ Petition No. 1061 of 2004). ← Search more judgments