that the State should be restrained from proceeding to realise the said cess or tax.
The appellant companypany paid companyrt fees on its said plaint under sub s. iv B b of S. 7 on the footing that the relief sought in the suit was an injunction.
Hence this appeal by special leave.
Appeal by special leave from the judgment and order dated November 2, 1965 of the Allahabad High Court in Civil Revision No.
The trial Judge rejected the objections and held that the companyrt fees payable were adequate as cl.
33 lakhs and odd charged under the U.P. Sugar Cane Regulation of Supply and Purchase Act, 1953, the Sugar Cane Cess Act, 1956 read with the U.P. Sugar Cane Cess Validation Act, 1961 and the U.P. Sugar Cane Purchase Tax Act, IX of 1961.
In the said suit, the appellant company, inter alia, alleged that the Acts for the diverse reasons set out therein were invalid and void and therefore the State was number entitled to levy, companylect or recover the said cess or the purchase tax and prayed, as aforesaid.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
P. Rana, for the respondent.
b of sub s. iv B of S. 7 applied.
Bishan Narain and 0.
16 of 1963 against the State of Uttar Pradesh and the Union of India, inter alia, praying for a permanent injunction regaining the State of Uttar Pradesh, its servants and agents from realising or from proceeding to realise sugarcane cess and purchase tax amounting to Rs.
1095 of 1965.
1668 of 1966.
N. Dixit, for the appellant.
The Judgment of the Court was delivered by Shelat, J. The appellant company filed suit No.
The Chief Inspector of Stamps thereupon filed a revision application before the High Court reiterating the said objections.
