Bare Act Search Results

Karnataka Court-fees and Suits Valuation Act, 1958 Section 11

Title: Decision as to Proper Fee in Courts

State: Karnataka

Year: 1958

.....of the suit has not been properly valued or that the fee paid is not sufficient, the court shall follow the procedure laid down in sub-section (2). Explanation: Nothing in this sub-section shall apply to a defendant added as a successor or a representative in interest of a defendant who was on record before issues were framed on the merits of the claim and who had an opportunity to file a written statement pleading that the subject-matter of the suit was not properly valued or that the fee paid was not sufficient. (4) (a) Whenever a case comes up before a court of appeal, it shall be lawful for the court, either on its own motion or on the application of any of the parties, to consider the correctness of any order passed by the lower court affecting the fee payable on the plaint or in any other proceeding in the lower court and determine the proper fee payable thereon. Explanation: A case shall be deemed to come before a court of appeal even if the appeal relates only to a part of the subject-matter of the suit. (b) If the court of appeal decides that the fee paid in the lower court is not sufficient, the court shall require the party liable to pay the.....

Court-fees Act, 1870 Chapter III

Title: Fees in Other Courts and in Public Offices

State: Central

Year: 1870

.....No. 2 of 1869 (to ascertain, regulate and record certain tenures in Chota Nagpur). 8 [(xxiv) Petitions under the Indian Christian Marriage Act, 1872, sections 45 and 48 _____________________________ 1. Substituted by the A.O. 1950, for "by an officer, warrant-officer, non-commissioned officer or private of Her Majesty's Army". 2. Clause (ii) rep. by Act 12 of 1891, Section 2 and Schedule I. 3. Clause (iv) rep. by Act 13 of 1889, Section 2 and Schedule 4. See the Madras Village Courts Act, 1889 (Madras Act 1 of 1889). 5. Substituted by Act 7 of 1889, Section 13(2), for "and certificate mentioned in the First Schedule to this Act annexed, No. 12" 6. The Bengal Chaukidari Act, 1856. 7. The Chota Nagpur Tenures Act, 1869. 8. Substituted by Act 15 of 1872, Section 2, for the original clause.

The Tamil Nadu Court Fees and Suits Valuation Act, 1955 Complete Act

State: Tamil Nadu

Year: 1955

.....1973 1 SCWR 1 : 1972 Tax LR 581 Followed by Madras High Court in Sriramulu V. Registrar, High Court , 1974 1 MLJ 390 : 88 LW 181 (DB) Court fees Act is a fiscal Act where an adjudication given by a Tribunal could fall within two provisions of the court fees Act, one of which was for the litigant and other more liberal, the court would apply that provision which was beneficial to the litigant " Diwan Brothers V. Central Bank of India and Others AIR 1976 SC 1503 : 1976 3 SCC 800. When plaintiff dexterously couch pleadings with a view to defeat the provisions of the Court fees Act, it is incumbent on the court look into the allegations in the plaint and see what is the substantive relief asked for .- Shamsher Singh V. Rajinder Prasad and Others, AIR 1973 SC 2284 : 1974 1 SCJ 270 : 1973 SCD 844 2. Application of Act " (1) The provisions of this Act shall not apply to " (a) (Proceedings in the Presidency Court of Small Causes, Madras ( omitted ) by Act XLIII of 1979. (b) documents presented or to be presented before an officer serving under the Central Government. (2) Where any other law contains provisions relating to the levy of fee in respect of proceedings under.....

Andhra Pradesh Court Fees and Suits Valuation Act, 1956 Complete Act

State: Central

Year: 1956

.....means prescribed by rules made under this Act; and (iv) expressions used and not defined in this Act or in the Andhra Pradesh General Clauses Act, 1891 (Act I of 1891), but defined in the Code of Civil Procedure, 1908-(Central Act V of 1908), shall have the meanings respectively assigned to them in the said Code. CHAPTER 02: LIABILITY TO PAY SECTION 04: LEVY OF FEE IN COURTS AND PUBLIC OFFICES No document which is chargeable with fee under this Act shall- (i) be filed, exhibited or recorded in, or be acted on or furnished by, any Court including the High Court, or (ii) be filed, exhibited or recorded in any public office, or be acted on or furnished by any public officer, except on payment of the fee chargeable in respect of such document under this Act: Provided that a document in respect of which the proper fee has not been paid may be filed or exhibited in a Criminal Court if the Court deems it necessary in the interests of justice to do so. SECTION 05: COLLECTION OF PROPER FEE ON DOCUMENTS When a document on which the whole or any part of the fee payable under this Act has not been paid is produced or received in any Court or public office, the Court or.....

The Kerala Court Fees and Suits Valuation Act, 1959[1]act 10 of 1960 Complete Act

State: Kerala

Year: 1959

.....means prescribed by rules made under this Act; and iv)expressions used and not defined in this Act or in the Interpretation and General Clauses Act, 1125 (Act VII of 1125), but defined in the Code of Civil Procedure, 1908 (Central Act V of 1908), shall have the meanings respectively assigned to them in the said Code. CHAPTER II LIABIALITY TO PAY FEE. 4.Levy of fee in Courts and public offices.-No document which is chargeable with fee under this Act shall- i)be filed, exhibited or recorded in, or be acted on or furnished by, any Court including the High Court, or ii)be filed, exhibited or recorded in any public office or be acted on or furnished by any public officer, unless in respect of such document there be paid a fee of an amount not less than that indicated as chargeable under this Act: Provided that, whenever the filing or exhibition in a Criminal Court of a document in respect of which the proper fee has not been paid is in the opinion of the Court necessary to prevent a failure of justice, nothing contained in this section shall be deemed to prohibit such filing or exhibition. [2]["4A. Levy of fee at the time of institution of suit.- Notwithstanding.....

The Pondicherry Court Fees and Suits Valuation Act, 1972 Complete Act

State: Pondicherry

Year: 1972

.....II. 21. Fees to be computed to the nearest multiple of five paise. " In the determination and computation of the amount of fee payable under this Act, any fraction of five paise less than two and a half paise shall be disregarded and any fraction of five paise equal to, or exceeding, two and a half paise shall be regarded as five paise. 22. Suits for money. " In a suit money (including a suit for damages or compensation, or arrears of maintenance, of annuities, or of other sums payable periodically), fee shall be computed on the amount claimed. 23. Suits for maintenance and annuities. - In the suits herein after maintained, fee shall be computed as follows :- (a) in a suit for maintenance, on the amount claimed to be payable for one year; (b) in a suit for enhancement or reduction of maintenance, on the amount by which the annual maintenance is sought to be enhanced or reduced; (c) in a suit for annuities or other sums payable periodically, on five times the amount claimed to be payable for one year: Provided that, where the annuity is payable for less than five years, the fee shall be computed on the aggregate of the sums payable: Provided further that a suit.....

Karnataka Court-fees and Suits Valuation Act, 1958 Chapter III

Title: Determination of Fee

State: Karnataka

Year: 1958

.....of the suit has not been properly valued or that the fee paid is not sufficient, the court shall follow the procedure laid down in sub-section (2). Explanation: Nothing in this sub-section shall apply to a defendant added as a successor or a representative in interest of a defendant who was on record before issues were framed on the merits of the claim and who had an opportunity to file a written statement pleading that the subject-matter of the suit was not properly valued or that the fee paid was not sufficient. (4) (a) Whenever a case comes up before a court of appeal, it shall be lawful for the court, either on its own motion or on the application of any of the parties, to consider the correctness of any order passed by the lower court affecting the fee payable on the plaint or in any other proceeding in the lower court and determine the proper fee payable thereon. Explanation: A case shall be deemed to come before a court of appeal even if the appeal relates only to a part of the subject-matter of the suit. (b) If the court of appeal decides that the fee paid in the lower court is not sufficient, the court shall require the party liable to pay the.....

Jammu and Kashmir Court Fees Act, 1977 Complete Act

State: Central

Year: 1977

.....of the parties, it shall not be necessary to impose a fresh stamp. Section 30 Cancellation of stamps No document requiring a stamp under this Act shall be filed or acted upon in any proceeding in any Court or office until the stamp has been cancelled. Such officer as the Court or the head of the office may from time to time appoint shall, on receiving any such document, forthwith effect such cancellation by punching out of the figurehead so as to leave the amount designated on the stamp untouched and the part removed by punching shall be burnt or otherwise destroyed. CHAPTER 6 MISCELLANEOUS Section 31 Repayment of fees paid on applications to Criminal Courts (i) Whenever an application or petition containing a complaint or charge of an offence, other than an offence for which Police officers may arrest without warrant, is presented to a Criminal Court, the Court, if it convict the accused person, shall, in addition to the penalty imposed upon him, order him to repay to the complainant the fee, paid on such application or petition. (ii) In the case mentioned in Section 18, the Court, if it convict the accused person, shall, in addition to the penalty imposed upon him,.....

West Bengal Court Courtfees Act, 1970 Complete Act

State: Central

Year: 1970

.....to the same estate. (2) Whenever such a grant has been or is made in respect of any property forming part of an estate, the amount of fees then actually paid under this Act shall be deducted when a like grant is made in respect of property belonging to the same estate, identical with or including the property to which the former grant relates. SECTION 27: PROBATE DECLARED VALID AS TO PROPERTY THOUGH NOT COVERED BY COURT COURT--FEE - The probate of the will, or the letters of administration of the effects, of any person deceased heretofore or hereafter granted shall be deemed valid and available by his executors or administrators for recovering, transferring or assigning any movable or immovable property whereof or whereto the deceased was possessed or entitled, either wholly or partially as a trustee, notwithstanding the amount or value of such property is not included in the amount or value of the estate in respect of which a court-fee was paid on such probate or letters of administration. SECTION 28: PROVISION FOR CASE WHERE TOO LOW A COURT--FEE HAS BEEN PAID ON PROBATES, ETC - Where any person on applying for probate or letters of administration has estimated the.....

Karnataka Court-fees and Suits Valuation Act, 1958 Chapter VII

Title: Refunds and Remissions

State: Karnataka

Year: 1958

.....(1) shall be laid as soon as may be after it is published in the official Gazette before the state Legislative Assembly while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if before the expiry of that period, the state Legislative Assembly makes any modification in the notification or directs that the notification shall not have effect, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be. ____________________ 1. Sub-section (1) substituted by Section 6 of Act No. 10 of 1964, w.e.f. 5-3-1964. 2. Adapted by the Karnataka Adaptations of Laws Order, 1973, w.e.f. 1-11-1973.