Bare Act Search Results

Bombay Court Fees Act 1959 Complete Act

State: Central

Year: 1959

BOMBAY COURT FEES ACT 1959 BOMBAY COURT FEES ACT 1959 36 of 1959 An Act to consolidate and amend the law relating to fees taken in the Courts and public offices and fees taken in respect of certain matters in the State of Bombay, other than fees falling ; under Entries 77 and 96 of List I in the Seventh Schedule to the Constitution of India. Whereas it is expedient to consolidate and amend the law relating to fees taken in the courts and public offices and fees taken in respect of certain matters in the state of Bombay, other than fees falling under Entries 77 and 96 of List I in the Seventh Schedule to the Constitution of India; It is hereby enacted in the Tenth Year of the Republic of India, as follows CHAPTER 1: PRELIMINARY: Section 1: Short title, extent, commencement and application: Gujarat S.1- Provision is the same as in Maharashtra, except that word 'Maharashtra' is substituted as 'Gujarat'. Hereafter only where there is some difference in words of the provisions, Gujarat provision is noted below the relevant section, else the Act is the same both in Gujarat and Maharashtra. Gujarat In its application to the State of Gujarat, in S......

Bombay Court Fees Act, 1959 Complete Act

State: Maharashtra

Year: 1959

.....would have occasioned a less court-fee to be paid on the probate or letters of administration granted in respect of such estate than has been actually paid thereon under this Act, such Authority may return the difference, provided the same be claimed within three years after the date of such probate or letters. But when, by reason of any legal proceeding, the debts due from the deceased have not been ascertained and paid, or his effects have not been recovered and made available, and in consequence thereof the executor or administrator is prevented from claiming the return of such difference within the said term of three years, the said Authority may allow such further time for making the claim as may appear to be reasonable under the circumstances. SECTION 23: RELIEF IN CASE OF SEVERAL GRANTS Whenever a grant of probate or letters of administration has been or is made in respect of the whole of the property belonging to an estate, and the full fee chargeable under this Act has been or is paid thereon, no fee shall be chargeable under the same Act when a like grant is made in respect of the whole or any part of the same property belonging to the same estate. Whenever.....

Bombay Court-fees Act, 1959, (Maharashtra) Section 13

Title: Taxing of Court

State: Maharashtra

Year: 1959

(1) In a suit for the recovery of possession of immovable property and mesne profits or for mesne profits or for an account, the difference, if any, between the fee actually paid and the fee which would have been payable had the suit comprised the whole of the profits or amount found due shall, on delivery of judgment, be taxed by the Court and shall be leviable from the plaintiff and if not paid by him within thirty days from the date of the judgment be recoverable according to the law and under the rules for the time being in force for the recovery of arrears of land revenue. (2) The Court shall send a copy of the decree passed in such suit to the Collector. (3) No decree for mesne profits passed in any such suit by the Court shall be executed, until a certificate to the effect that such difference is paid or recovered, signed by the Court which passed the decree or by the Collector who recovered the amount, is produced along with the application for such execution. Explanation.--For the purpose of this section, "plaintiff" includes any party to a suit to whom any profits or amount are or is found to be due.

Companies Profits Surtax Act 1964 Complete Act

Title: Companies Profits Surtax Act 1964

State: Central

Year: 1964

.....- Trnasfer of certain pending appeals Section12 - Appeals to Appellate Tribunal Section13 - Rectification of mistakes Section14 - Other amendments Section15 - Surtax deductible in computing distributable income under Income-tax Act Section16 - Revision of orders prejudicial to revenue Section17 - Revision of orders by [Chief Commissioner or Commissioner] Section18 - Application of provisions of Income-tax Act Section19 - Income-tax papers to be available for the purposes of this Act Section20 - Failure to deliver returns, etc Section21 - False statement Section22 - Abetment of false returns, etc Section23 - Institution of proceedings and composition of offences Section24 - Power to make exemption, etc., in relation to certain Union territories Section24A - Agreement with foreign countries Section24AA - Power to make exemption, etc. in relation to participation in the business of prospecting for extraction, etc., of mineral oils Section25 - Power to make rules Section26 - Saving ScheduleI - FIRST SCHEDULE ScheduleII - SECOND SCHEDULE ScheduleIII - THIRD SCHEDULE

Court-fees Act, 1870 Section 11

Title: Procedure in Suits for Mesne Profits or Account when Amount Decreed Exceeds Amount Claimed

State: Central

Year: 1870

In suits for mesne profits or for immoveable property and mesne profits, or for an account, if the profits or amount decreed are or is in excess of the profits claimed or the amount at which the plaintiff valued the relief sought, the decree shall not be executed until the difference between the fee actually paid and the fee which would have been payable had the suit comprised the whole of the profits or amount so decreed shall have been paid to the proper officer. Where the amount of mesne profits is left to be ascertained in the course of the execution of the decree, if the profits so ascertained exceed the profits claimed, the further execution of the decree shall be stayed until the difference between the fee actually paid and the fee which would have been payable had the suit comprised the whole of the profits so ascertained is paid. If the additional fee is not paid within such time as the Court shall fix, the suit shall be dismissed.

Code of Civil Procedure 1908 Complete Act

State: Central

Year: 1908

.....in the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970). Explanation II : For the purposes of this section, a transaction is a commercial transaction, if it is connected with the industry, trade or business of the party incurring the liability.] (2) Where such a decree is silent with respect to the payment of further interest on such principal sum] from the date of the decree to the date of payment or other earlier date, the court shall be deemed to have refused such interest, and a separate suit therefor shall not lie. SECTION 35: COSTS (1) Subject to such conditions and limitations as may be prescribed, and to the provisions of any law for the time being in force, the costs of and incident to all suits shall be in the discretion of the court, and the court shall have full power to determine by whom or out of what property and to what extent such costs are to be paid, and to give all necessary directions for the purposes aforesaid. The fact that the court has no jurisdiction to try the suit shall be no bar to the exercise of such powers. (2) Where the court directs that any costs shall not follow the event, the court shall state its reasons in.....

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.....

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.....

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.....

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.....