MACT-Benefit Of Exemption From Payment Of Court Fees Can Be Claimed Only Before The Tribunals And Not On Appeals: Madras High Court
2 years, 10 months ago

MACT-Benefit Of Exemption From Payment Of Court Fees Can Be Claimed Only Before The Tribunals And Not On Appeals: Madras High Court

Live Law  

The Madras High Court bench of Justice P.T Asha recently held that the benefit of exemption from payment of Court Fees can be claimed only before the Motor Accident Tribunals and not on appeals before the court. The two issues that the court considered were whether the Provisions of Rule 24 of the Tamil Nadu Motor Vehicles Accident Claims Tribunal Rules, 1989 would apply to Appeals under Section 173 of the Motor Vehicles Act without giving proof of indigent circumstances and whether the claimants who have obtained exemption can withdraw the amounts deposited without paying the Court Fees. Discretion of Courts Rule 1 of the Tamil Nadu Motor Vehicles Accident Claims Tribunal Rules, 1989 talks about the fee that is payable in the case of the claim petition before the Tribunal, and Rule 1A talk about the Court fee that is payable in the case of an appeal. Thus, the court observed that there is a need for the Government, which is the main player in the levy of Court fees to step in and make the necessary amendments to Rule 24 of the Tamil Nadu Motor Vehicles Accident Claims Tribunal Rules.

High Court Court Tribunals Fees Case Tribunal State Fee Rule Madras High Court Shall Court Fee Court Fees Rule 24 Claims Exemption  high  tribunals  payment  appeals  tribunal  court  rule  mactbenefit  state  claimed  fee  fees  shall  claims  exemption  madras  case

History of this topic

Motor Accident Compensation| Supreme Court Allows Compensation In Excess Of Claim On Payment Of Additional Court Fee
7 months, 2 weeks ago

Motor Accident Compensation| Supreme Court Allows Compensation In Excess Of Claim On Payment Of Additional Court Fee

Live Law  

Recently, the Supreme Court reiterated that there's no restriction upon the Motor Accident Claim Tribunal to award compensation exceeding the amount claimed by the claimant. The Court said that if the claimant is entitled to a higher amount than claimed, than he's entitled to be paid the actual compensation as determined by the court.The bench comprising Justices PS Narasimha. reported …

Education Not Commercial Activity, Collection Of Capitation Fee For Admission Illegal, No Tax Exemption: Madras High Court
2 years, 4 months ago

Education Not Commercial Activity, Collection Of Capitation Fee For Admission Illegal, No Tax Exemption: Madras High Court

Live Law  

The Madras High Court on Monday deprecated the practice of receiving capitation fee in exchange of admissions. The bench of Justice R Mahadevan and Justice Mohammed Shaffiq held that such practice of receiving capitation fee is against the Tamil Nadu Educational Institutions Act, 1992. Creation of Web Portals The court lamented that though there were State laws and precedents making …

Court Fees In India : When Justice Comes At A Heavy Price
5 years, 9 months ago

Court Fees In India : When Justice Comes At A Heavy Price

Live Law  

Here is something you rarely hear about while discussing the Indian legal system – the court fees are appallingly high.Court fees, or the idea that a litigant must pay for a shot at the justice system, were first introduced in the 18th century in Madras, Bengal and Bombay presidencies to deter frivolous litigation. Here is something you rarely hear about …

MACT Claims: HC Should Assign Reasons For Not Granting Enhancement Of Compensation Or Reduction: SC [Read Judgment]
6 years, 6 months ago

MACT Claims: HC Should Assign Reasons For Not Granting Enhancement Of Compensation Or Reduction: SC [Read Judgment]

Live Law  

‘It was, therefore, necessary, for the High Court to assign the reasons for not granting enhancement of compensation and/or its reduction.’The Supreme Court reiterated that the High court while sitting in appeal above a MACT order, should assign the reasons for not granting enhancement of compensation and/or its reduction.The Motor Accident Claims Tribunal had awarded an amount of. ‘It was, …

Central Motor Vehicles Rules: Madras HC Strikes Down Levy Of Additional Fee [Read Judgment]
7 years, 11 months ago

Central Motor Vehicles Rules: Madras HC Strikes Down Levy Of Additional Fee [Read Judgment]

Live Law  

The Motor Vehicles Act and the Central Motor Vehicles Rules at present only contain a provision authorising the levy of a fee and nothing more, the court said.The Madras High Court has struck down a notification issued by the Ministry of Road Transport and Highways, Government of India, which called for imposition of additional fee in the nature of a …

Compensation awarded by MACT not ‘income’ and cannot be subjected to TDS and Income Tax: Madras HC [Read Judgment]
8 years, 9 months ago

Compensation awarded by MACT not ‘income’ and cannot be subjected to TDS and Income Tax: Madras HC [Read Judgment]

Live Law  

In a very significant judgment, the Madras High Court has held that the compensation awarded by the Motor Accident Claims Tribunal to accident victims cannot be subjected to TDS and Income Tax since the compensation and the interest awarded therein does not fall under the term 'income' as defined under the Income Tax Act, 1961.Referring to a Himachal Pradesh High …

Compensation awarded by MACT not ‘income’ and cannot be subjected to TDS and Income Tax: Madras HC [Read Judgment]
8 years, 9 months ago

Compensation awarded by MACT not ‘income’ and cannot be subjected to TDS and Income Tax: Madras HC [Read Judgment]

Live Law  

In a very significant judgment, the Madras High Court has held that the compensation awarded by the Motor Accident Claims Tribunal to accident victims cannot be subjected to TDS and Income Tax since the compensation and the interest awarded therein does not fall under the term 'income' as defined under the Income Tax Act, 1961.Referring to a Himachal Pradesh High …

Discover Related