TMI Blog2016 (10) TMI 152X X X X Extracts X X X X X X X X Extracts X X X X ..... istration of justice. It is wisely said that for any society governed by Rule of Law, effective judicial system is a necessary concomitant. The Rule of Law reflects man's sense of order and justice. There can be no Government without order; there can be no order without law; and there can be no administration of law without lawyers. It is no small service to be called upon to prosecute and enforce the rights of a litigant through the court of law and in that sense the legal profession is treated as service to the justice seekers. It is, therefore, by contributing an essential aid to the process of the administration of justice that the advocate discharges a public duty of the highest utility. When the subject matter of the instant cases is examined in the aforesaid hue, it becomes apparent that providing social security to the legal profession becomes an essential part of any legal system which has to be effective, efficient and robust to enable it to provide necessary service to the consumers of justice. Section 76 of the CF Act and the impugned notification vide which additional court fee is imposed have a direct nexus to the objective sought to be achieved in relation to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se (ii) of Section 3 defines 'court' and reads as under: Court means any Civil, Revenue, or Criminal Court and includes a Tribunal or other authority having jurisdiction under any special or local law to decide questions affecting the rights of parties; It is clear from the aforesaid definition that within the ambit of the CF Act, it is not only civil or criminal courts but also revenue authorities, including the tribunal or other authority having jurisdiction under any special or local laws, to decide questions affecting the rights of the parties. Thus, revenue courts as well as tribunals, when such bodies are deciding questions affecting the rights of the parties, are treated as 'court' for the purpose of CF Act. Fee prescribed under the said Act becomes payable in respect of proceedings before these authorities as well. 4) Section 76 of the CF Act, under which the impugned notification is issued, deals with 'Legal Benefit Fund' and makes the following reading: 76. Legal Benefit Fund. (1) Notwithstanding anything contained in this Act or any other law for the time being in force, it shall be competent for Government to levy an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd and reads as under: 3. Depositing of certain monies to the Fund. (1) The amount to be credited to the Legal Benefit Fund shall be drawn from the head of account 2014-800-06 Legal Benefit Fund Contributions by the Secretary, Board of Revenue (L/R) and may be made available to the Secretary to Government, Law Department for depositing it in the Fund. Government may make available in the first instance for deposit in the Fund such amount as it may deem necessary for the initial working of the Fund. This amount shall be adjusted against the actual amount payable to the Fund on consolidation of Statements regarding court fees actually levied from the year from which this (sic these) rules shall be brought into force. (2) The amount of additional court fees levied and collected under sub-section (1) of S.76 of the Act shall be added to the Fund as and when such additional court fees are levied and collections are made. This amount will also be made available to the Law Secretary during the beginning of every financial year based on consolidated accounts of collection made in the previous year. (3) The fund shall be deposited in the Public Deposit account a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction (2) shall be paid or collected by such agencies at such intervals and in such manner, and the accounts of the Fund shall be maintained in such manner as may be prescribed. 7) It becomes clear from clause (e) of sub-section (2) of Section 3 that the amount set apart from the Legal Benefit Fund constituted under Section 76 of the CF Act is to be credited to the Advocates' Welfare Fund, for providing efficient legal services for the people of the State and social security measures for the legal profession. In nutshell, the additional court fee at the rate of 0.5% of the amount involved or ₹ 50 in each case by the tribunals and appellate authorities constituted by or under any special or local laws, other than civil and criminal courts, is meant for the aforesaid Welfare Fund which is to be utilised in accordance with the provisions of the Welfare Fund Act. 8) From the reading of the aforesaid provisions it becomes clear that Section 76 authorises the State Government to issue such a notification and notification has been issued in exercise of powers contained therein. This power extends to levy additional court fee by tribunals and other appellate authoriti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n List III which resulted in requisite modification to Entry 3 in List II as well. At the same time, by the very same amendment, Article 39-A was also inserted in Part IV of the Constitution which relates to the Directive Principles of State Policy. This Article exhorts the State to provide equal justice and free legal aid and reads as under: 39A. Equal justice and free legal aid. The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. As per the High Court, the administration of justice, thus, becomes a distinct topic and Article 39A calls upon the State to ensure establishment of such legal system which promotes justice and provides free legal aid. 11) We agree with the aforesaid approach of the High Court. First of all, the argument of the appellants ignores that as per Section 76(3) of the CF Act, one of the purposes for which the Fund is to be utilised is for providing efficient l ..... X X X X Extracts X X X X X X X X Extracts X X X X
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