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Topic : Corporate litigation
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Is fee hike justified for corporate litigation in Supreme court?

Created by : Anant Patel, Legal Consultant  | 01 14 2009 10:06:21 +0000
Industry : LawFunctional Area : India(Markets)
Keywords : law corporate lawyer supreme court litigation law suits corporate litigation
Activity:  449 views;  last activity : 07 06 2010 20:18:09 +0000
The parliamentary committee  proposed a hike in fees for corporate lawsuits in the Supreme Court. The committee also asked the government and the judiciary to work out differential court fees according to the value of the disputes. So they have recommended the increase of court fee for companies and in income tax cases.  So share your thoughts on the topic.
  
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I Agree. Litigation in India is a Luxury. The Common Man should be spared and there should be differential treatment of the Corporate Bodies and the Common Man
By Sudarshan , Litigation Attorney, Kesthur & Kesthur  01 20 2009 11:39:33 +0000
 
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I don't support the view because discriminating two classes of people is not justified and is against the constitutional scheme of things. Further, in Indian beauracratic culture taking action for flimsy grounds against companies is a rule rather than an exception. the Companies have no other recourse but to approach the courts of law to redress their grievances.  Already the legal costs of the corporates are increasing because of the high handed attitude of the bureaucracy and if the fee is also increased it will only increase their costs of litigation. Secondly, the parliamentary committee has not recommended for any speedy trial in cases where the corporates pay increased fees. IN view my the fee enhancement is not justified. 


By Venkitasubramoniam T.R. T.R., Commercial Litigation Associate, Practicing in Supreme Court  01 18 2009 06:36:23 +0000
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The fee hike is justified, because two classes of people are different. Like Taxation scheme the higher income groups are different than lower income groups. However at the same time the Court fees for poor/middle class litigants should be reduced so that more and more litigants avail the legal redressal of their greviences. Many poor/middle class litigants back out due to high costs. It is also to be noted that corporates engage the best available councels to contest their litigations and pay their highest fees, if so they can also at the same time afford the higher court fees, which should in turn encourage the poor litigants to approach the Apex Court.
By Ashfaq Shaikh, Private practitioner/Lawyer, Legal & General Group  | 03 08 2009 16:45:00 +0000
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Corporate and company,s case represent by top advocate and counsel of Supreme Court.They hasty to proceed case.So common man cases are remain pending.But Company and Corporate get quick Juistice in India.So Supreme Court is right and correct to hike court fees of company and corporate.
By SANJAY SHANTILAL BRAHMBHATT, Other Legal/Law, Gujatat Govertment  | 02 08 2009 15:37:55 +0000
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According to me, yes it is justified because, the amount of money that was coming to the court was very less, and if the fee hike is there and if implemented the extra money that is there could be used for infrastructure development of courts all over the country and then provide free legal aid to the poor in the country which is very much needed.
By Anant Patel, Legal Consultant  | 01 14 2009 10:06:21 +0000
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No i don't agree with Anant, they are just implementing this fee hike in a wrong time, when there is financial crisis that is upon the corporate houses all over, a fee hike is much more burden on their budget woes that is already there.
By Rajeev Khare, Corporate Lawyer  | 01 14 2009 10:08:43 +0000
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