In tune with the Orissa government’s 1994 notification, according to a report from barandbench
The Orissa High Court clarified that all women, regardless of nationality or status, were eligible to be exempted from the payment of court fees with respect to litigation in the state, in tune with the Orissa government’s 1994 notification, according to a report from barandbench.
Justice AK Rath passed an order last month. An NRI woman had initiated a property suit, in respect of which she claimed the exemption from payment of court fee available to women.
Exercising its powers under Section 35 of the Court Fees Act, 1870, the Orissa government had passed a notification in 1994 exempting the following classes of persons from paying any court fee for filling or instituting cases in any court in Orissa:
- Scheduled Caste members
- Scheduled Tribe members
- Women;
- Minors;
- Persons with disabilities;
- Persons whose annual income does not exceed one lakh rupees, and
- Persons who are otherwise entitled to legal service under the Legal Service Authorities Act, 1987
Accordingly, the woman-plaintiff was also exempted from paying court fees applicable on the property suit she had initiated. However, this was opposed by the defendant, who contended that the plaintiff was not entitled to claim the exemption as she was a Non-Resident Indian (NRI). However, the application moved by the defendant raising this challenge was dismissed by the trial court.
*********************************************************************
Readers
These are extraordinary times. All of us have to rely on high-impact, trustworthy journalism. And this is especially true of the Indian Diaspora. Members of the Indian community overseas cannot be fed with inaccurate news.
Pravasi Samwad is a venture that has no shareholders. It is the result of an impassioned initiative of a handful of Indian journalists spread around the world. We have taken the small step forward with the pledge to provide news with accuracy, free from political and commercial influence. Our aim is to keep you, our readers, informed about developments at ‘home’ and across the world that affect you.
Please help us to keep our journalism independent and free.
In these difficult times, to run a news website requires finances. While every contribution, big or small, will makes a difference, we request our readers to put us in touch with advertisers worldwide. It will be a great help.
For more information: pravasisamwad00@gmail.com
