Saraswathi Devi Prathap Vs. State of Karnataka

.....where a smaller estate is taxed at a lesser rate and large estate is taxed at a higher rate: but both on ad valorem principle. ; (iv) probate may be granted with or without contest. in either event, the probate fee cannot exceed what is enjoined by section 52. section 52 provides for payment only at the rate prescribed in entry 6 of schedule i. therefore, whether there is contest or no contest the probate fee payment is strictly controlled by section 53 read with article 6 of schedule i and not any other provision. ; (v) there is no need to read repugnancy or error of draftsman in clause (l) of article 11 of the ii schedule which is essentially meant as a provision made for procedural purposes and not for purposes of impost of levy on grant of probate. it is obvious by total lack of reference to ii schedule in chapter vi. ; conclusions reached by rama jois, j concurred with though for different reasons. ; order of the court;16th november 1989 ; allowing writ petitions partly: ; a declaration shall issue to the effect that the court fee payable at the rate of 10% ad valorem in respect of proceedings for grant of probate or letters of administration, in cases in which the amount or market value of the subject matter exceeds rupees three lakhs on that part of the amount or value which exceeds rupees three lakhs under entry 6 of schedule i to the act, is inclusive of the court fee already paid under entry 11(1) of schedule i to the act. - karnataka panchayat raj act, 1993.[k.a. no. 14/1993]. sections 136, 140, 141, 145, 146, 148, 149, 150 & 152: [b.s. patil, j] removal of petitioners who are member and adhyaksha of the taluk panchayat who were guilty of misconduct in discharge of their duties - challenge as to issue relating to unification of the area into maharashtra and non-settlement of the border dispute between karnataka and maharashtra - conduct of the petitioners in forcing a discussion and to pass a resolution in the meeting of the taluka panchayat held,.....order of the court16th november 1989 allowing writ petitions partly: a declaration shall issue to the effect that the court fee payable at the rate of 10% ad valorem in respect of proceedings for grant of probate or letters of administration, in cases in which the amount or market value of the subject matter exceeds rupees three lakhs on that part of the amount or value which exceeds rupees three lakhs under entry 6 of schedule i to the act, is inclusive of the court fee already paid under entry 11(1) of schedule i to the act.