Publication of fees

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

1. State of H. P vs Shivalik Agro Poly Products

   Supreme Court of India 14 Sep 2004 Binding - Supreme Court

   Court's Decision & Legal Precedent

   The validity of a fee notification issued by the State Government under Section 78 of the Registration Act must be tested by examining whether there is a reasonable relationship (not mathematical exactitude) between the aggregate fee collections and aggregate services rendered across the entire class of contributors. A fee does not cease to be valid merely because: (a) it is collected on a graduated scale based on the value or consideration of instruments; (b) individual recipients receive services disproportionate to fees paid; (c) the collections are credited to the Consolidated Fund of the State rather than a separate fund, as mandated by Article 266 of the Constitution; or (d) the State does not segregate and exclusively allocate fees to registration department expenditure. The test of correlation is to be reckoned at the aggregate level examining totality of services against totality of receipts across the entire registration system, not at the individual level.

   On this section: Mentioned as constitutional basis for the notification prescribing registration fee charged by the State

   Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.