Cardamom Marketing Corporation & Anr. vs State Of Kerala - Supreme Court

 Cardamom Marketing Corporation & Anr. vs State Of Kerala - Supreme Court Important Judgment 2016 - 

 

On 1st September, 2016, in the case of Cardamom Marketing Corporation & Anr. vs State Of Kerala & Ors. [Civil Appeal No. 4453 of 2008], the appellants challenged the vires of a notification issued by the Government of Kerala in exercise of powers under Section 76(1) of the Kerala Court Fees and Suits Valuation Act, 1959 [CF Act] which authorised levy of additional court fee in respect of each appeal or revision; and further provided that the amount so collected shall be credited to the Kerala Legal Benefit Fund constituted under sub-section (2) of Section 76 of the CF Act. Upholding the said levy of additional court fee, a three Judge Bench observed 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 legal services for the people of the State. It clearly amounts to quid pro quo. Other purpose is also for the benefit of the public at large.”


 While observing that “legal community and advocates are inseparable and important part of robust legal system and they not only aid in seeking access to justice but also promote justice”, the Bench held “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 service available to the appellants or others who approached the courts/tribunals for redressal of their grievances.”

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