Guwahati, May 14: In a significant ruling by the Gauhati High Court, the constitutional validity of Article 11 of Schedule 1 of the Court Fees Act, 1870 (Assam Amendment) had been challenged and allowed. The case, involving petitioner Prafulla Govinda Baruah against the State of Assam, highlighted the disparity in court fee levied for handling wills or letter of administration compared to other civil court proceedings.
It was argued that the current system imposed a 7% fee on the property value for handling wills or letter of administration applications exceeding Rs 5 lakhs without any upper limit, while fees for simple cases in civil courts were capped at Rs 11,000. This unequal treatment raised concerns about discrimination and lack of uniformity in court fee structures across different legal matters.
During the hearing on 8th May, 2024, advocates for the petitioner explained that testamentary proceedings were simpler and less time-consuming than other legal cases, so the high fees didn't make sense. They contended that such a system was unfair and went against the equality principles in the Constitution of India.
In a detailed judgment, Chief Justice Vijay Bishnoi and Justice N. Unni Krishnan Nair ruled that Article 11 of the Court Fees Act, 1870 (Assam Amendment) in respect of levy of Court fee for grant of probate or letter of administration without there being any upper limit is against the Article 14 of the Constitution of India. The court highlighted the need for having fair and consistent fees to ensure everyone can access justice.
This landmark decision not only helps the petitioner but also sets a new standard for reviewing court fees across the country. The judgment highlights the need for reasonable fees that match the services provided and do not create financial barriers for people seeking legal recourse.
