Jammu and Kashmir Suits Valuation Act, 1977 Complete Act - Bare Act

JAMMU AND KASHMIR
SUITS VALUATION ACT, 1977

An Act to prescribe the mode of valuing certain suits for the purpose of determining the jurisdiction of Courts with respect thereto. WHEREAS it is expedient to prescribe- the mode of valuing certain suits for the purpose of determining the jurisdiction of Courts- with respect thereto; it is here- by enacted as follows:-

Section 1

.- [Repealed.]

PART 1 SUITS RELATING TO LANDS

Section 2

. .- [Repealed.]

Section 3 Power for High Court to make rules determining value of land tor jurisdictional purpose

(1) The High Court may, with the previous sanction of the Government, make rules for determining the value of land for purposes of jurisdiction in the suits mentioned i the Court-fees Act, section 7, Paragraphs V and VI, and paragraph X, clause (d).

(2) The rules may determine the value of any class of land, or of any interest in land, in the whole or any part of a local, area, and may prescribe different values for different places within the same local area.

Section 4 Valuation of relief in certain suits relating to land not to exceed the value of the land

Where a suit mentioned in the Court-fees Act, section 7; paragraph IV, or Schedule II, Article 17, relates- to land or an interest in land of which the value has been determined by rules under the last foregoing section, the amount at which for purposes of .jurisdiction the relief sought in the suit is valued shall mot exceed the value of the land or interest as determined by those rules.

Section 5 Enforcement of rules

(1) [Repealed.]

(2) A rule under section 3 shall not take effect till the expiration of one month after the rule has been published in the Jammu and Kashmir Government Gazette.

Section 6

. .- [Repealed.]

PART 2 OTHER SUITS

Section 7

. .-[Repealed.]

Section 8 Court-fee walue and jurisdictional value to the the same in certain suits

Where in suits other than those referred to in the .Court-fees' Act, section 7, para- graphs V, VI and IX, and paragraph X clause (d), count-fees are payable ad valo- rem under the Court-fees Act, the value as determinable for the computation of court-fees and the value for purposes of jurisdiction shall be the same.

Section 9 Determination of value of certain suits by High Court

When the subject- matter of suits of any class, other than suits mentioned in the Court-fees Act, section 7, paragraphs V and VI and paragraph X, clause (d), is such that in the opinion of the High Court it does not admit of being satisfactorily valued, the High Court may with the previous -sanction of the Government direct that suits of that class shall, for the purposes of the Court-fees Act, and of this Act and any other enact- ment for the time being in .force, be treated as if their subject-matter were of such value as the High Court thinks fit to specify in this behalf.

Section 10

[Repealed.]

PART 3 SUPPLEMENTAL PROVISIONS

Section 11 Procedure where objection is token on appeal or revision that a suit or ap- peal was not properly valued for jurisdictional purposes

(1) Notwithstanding any- thing in S.99 of the Code of Civil Procedure, 1908, an objection that by reason of the over-valuation or under-valuation of a suit or appeal a Court of first instance or lower appellate Court which had not jurisdiction with respect to the suit or ap- peal exercised jurisdiction with respect thereto shall not be entertained by an ap- pellate Court unless-

(a) the objection was taken in -the Court of first instance at or before the hearing at which issues were first framed and recorded, or in the lower appellate Court in the memorandum of appeal to that Court, or

(b) the appellate Court is satisfied, for reasons to be recor ded by it in writing, that the suit or appeal was over-valued or under-valued, and that the over-valuaa- tion or under-valuation thereof has prejudicially affected "the disposal of the suit or appeal on its merits.

(2) If the objection was taken in the manner mentioned in clause (a) of sub-sec- tion (1), but the appellate Court is not satisfied as 'to both the matters mentioned in Clause (b) of that sub-section and has before it the materials necessary for the deter- mination of the other grounds of appeal to itself, it shall dispose of the appeal as if there had been no defect of jurisdiction in the Court of first instance or lower ap- pellate Court.

(3) If the objection was taken in that manner and the appellate Court is satis- fied as to both those matters and has not those materials before it, it shall proceed to deal with the appeal under the rules applicable to the Court with respect to the hearing of appeals: but .if it remands the suit or appeal, or frames and refers issues for trial, or requires additional evidence to be taken, it shall direct its order to a Court competent to entertain the suit or appeal.

(4) The provisions of this section with respect to an appellate Court shall, so far as they can be made applicable, apply -to a Court exercising revisional jurisdiction under S.115 of the Code of Civil Procedure, 1908 or other enactment for the time be- ing in force.

Section 12

. .-[Repealed.]