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Start Free TrialKarnataka Court-fees and Suits Valuation Act, 1958 Section 64
Title: Refund in Cases of Remand
State: Karnataka
Year: 1958
.....direct the refund to the appellant of the full amount of fee paid on the memorandum of appeal; and, if the remand is on second appeal, also on the memorandum of appeal in the first appellate court. (2) Where an appeal is remanded in second appeal for a fresh decision by the lower appellate court, the High Court remanding the appeal may direct the refund to the appellant of the full amount of fee paid on the memorandum of second appeal: Provided that, no refund shall be ordered if the remand was caused by the fault of the party who would otherwise be entitled to a refund: Provided further that, if the order of remand does not cover the whole of the subject matter of the suit, the refund shall not extend to more than so much fee as world have been originally payable on that part of the subject-matter in respect whereof the suit has been remanded.
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 376C
Title: Intercourse by Superintendent of Jail, Remand Home, Etc.
State: Central
Year: 1860
.....punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fine. Explanation I.--"Superintendent" in relation to jail, remand home or other place of custody or a women's or children's institution includes a person holding any other office in such jail, remand home, place or institution by virtue of which he can exercise any authority or control over its inmates. Explanation 2.--The expression "women's or children's institution" shall have the same meaning as in Explanation 2 to sub-section (2) of section 376.] _______________________ 1. Substituted by Act 43 of 1983, section 3, for sections 375 and 376 (w.e.f. 25-12-1983).
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1898 Complete Act
State: Central
Year: 1898
.....(2) of Section 5, for the words 'but subject to any enactment', substitute the words 'but, save as otherwise provided by this Code, subject to any enactment'. [W.B. Act 8 of 1970, Section 3 and Sch., item 2]. (1) All offences under the Indian Penal Code shall be investigated, inquired into, tried and otherwise dealt with according to the provisions hereinafter contained. Trial of offences against other laws (2) All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences. PART 2 CONSTITUTION AND POWERS OF CRIMINAL COURTS AND OFFICES: CHAPTER 2: OF THE CONSTITUTION OF CRIMINAL COURTS AND OFFICES: SECTION 6: Glasses of Criminal Courts: Besides the High Courts and the Courts constituted under any law other than this Code for the time being in force, there shall be five classes of Criminal Courts in [India], namely,- : State Amendments GUJARAT.-In its application to the State of Gujarat the amendment made in Section 6 is the.....
List Judgments citing this sectionThe Code of Criminal Procedure, 1973 Complete Act
State: Rajasthan
Year: 1973
.....issued by the State Government on or after the 2nd day of December, 1974 and before the commencement of the Code of Criminal Procedure (Amendment) Act, 1978 (Central Act 45 of 1978) purporting to establish any special Court of the Judicial Magistrate of the first class having jurisdiction over more than one district shall be deemed to have been issued under section 11 of the said code as amended by this Act and accordingly such notification issued and any act or proceeding done or taken or purporting to have been done or taken by virtue of it shall be deemed to be and always to have been valid" [Vide Kerala Act 21 of 1987 Punjab: In sub-section (1) of section 11, insert the following new sub-section:" "(1-A) The State Government may likewise establish as many Courts of Judicial Magistrate of the first class in respect to particular cases or to particular classes of cases, or in regard to cases generally, in any local area "[Vide Punjab Act 9 of 1978, sec 2 (wef 14-4-1978) Rajasthan: In sub-section (1) of section 11, the following new sub-section shall be inserted, namely:" "(1-A) The State Government may likewise establish as many Courts of Judicial Magistrate of.....
List Judgments citing this sectionThe 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.....
List Judgments citing this sectionThe 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.....
List Judgments citing this sectionAndhra 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.....
List Judgments citing this sectionPondicherry Courtfees and Suits Valuation Act, 1972 Complete Act
State: Central
Year: 1972
.....SECTION 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. SECTION 22 : Suits for money In a suit for money (including a suit for damage compensation, or arrears of maintenance, of annuities, or of other sums payable periodic fee shall be computed on the amount claimed. SECTION 23 : Suits for maintenance and annuities In the suits hereinafter mentioned, 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 for.....
List Judgments citing this sectionThe Code of Criminal Procedure, 1973 Complete Act
State: Assam
Year: 1973
.....believing that an examination of his person will afford evidence as to the commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of a police officer not below the rank of sub-inspector,and for any person acting in good faith in his aid and under his direction, to make such an examination of the person arrested as is reasonably necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably for that purpose. (2) Whenever the person of a female is to be examined under this section, the examination shall be made only by, or under the supervision of, a female registered medical practitioner. Explanation.-In this section and in section 54, "registered medical practitioner" means a medical practitioner who possesses any recognized medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956 ( 102 of 1956) and whose name has been entered in a State Medical Register. 54. Examination of arrested person by medical practitioner at the request of the arrested person. When a person who is arrested, whether on a charge or otherwise alleges, at.....
List Judgments citing this sectionRajasthan Courtfees & Suits Valuation Act, 1961 Complete Act
State: Rajasthan
Year: 1961
RAJASTHAN COURT-FEES & SUITS VALUATION ACT, 1961 RAJASTHAN COURT-FEES & SUITS VALUATION ACT, 1961 (Act No.23 of 1961) (Amended by Rajasthan Act No.3 of 1962, 5 of 1977, 7 of 1987, 26 of 1951 and 16 of 1990. Received the assent of the President on the 26th day of August, 1961) PREAMBLE An Act to amend and consolidate the law relating to court-fees and valuation of suits in the State of Rajasthan. BE it enacted by the Rajasthan State Legislature in the Twelfth Year of the Republic of India as follows:-- Chapter-I Preliminary 1. Short title, extent and commencement:- (1) This Act may be called the Rajasthan Court-fees and Suits Valuation Act, 1961. (2) It extends to the whole of the State of Rajasthan. (The Act has come into force (w.e.f. 1-11-1961), vide Notification No. F-5(108) E&T/58, dated 25th October, 1961, published in Rajasthan Rajpatra, Pt N(c) dated 25th October, 1961.) (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. 2. Application of Act:- (1) The provisions of this Act shall not apply to documents resented or to be presented before an officer serving under.....
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