Bare Act Search Results

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

State: Tamil Nadu

Year: 1955

.....that the prescribed fee has not been paid to the Administrator General in his official capacity on his giving an undertaking to the satisfaction of the Court that the said fee will be paid within such time a may be fixed by the court. NOTES Actual grant of probate or letters of Administration only after the payment of requisite duty " AIR 1938 MAD 486; Paper proceedings are exempt, as the government has a charge upon the subject matter of grant pursuant to O 33 R 10 CPC " (1937) 2 MLJ 899; 58. Relief in cases several grants " (1) Whenever a grant of probate or letters of administration has been made in respect of the whole of the property belonging to an estate, and the full fee payable under this Act in respect of the application for such grant has been paid thereon, no fee shall be payable when a like grant is made in respect of the whole or any part, of the same property belonging to the same estate. (2) Whenever such grant has been made in respect of any property forming part of an estate, the amount of fee actually paid under this Act in respect thereof shall be deducted when a like grant is made in respect of the property belonging to the same.....

Code of Civil Procedure, 1908 Order 1 Rule 1 to 13

Title: Parties to Suits

State: Central

Year: 1908

.....in such persons, whether jointly, severally or in the alternative; and (b) if such persons brought separate suits, any common question of law or fact would arise.] 2. Power of Court to order separate trials Where it appears to the Court that any joinder of plaintiffs may embarrass or delay the trial of the suit, the Court may put the plaintiffs to their election or order separate trials or make such other order as may be expedient. 2[3. Who may be joined as defendants All persons may be joined in one suit as defendants where-- (a) any right to relief in respect of, or arising out of, the same act or transaction or series of acts or transactions is alleged to exist against such persons, whether jointly, severally or in the alternative; and (b) if separate suits were brought against such persons, any common question of law or fact would arise.] 3[3-A. Power to order separate trials where joinder of defendants may embarrass or delay trial Where it appears to the Court that any joinder of defendants may embarrass or delay the trial of the suit, the Court may order separate trials or make such other order as may be expedient in the interests of justice.] 4......

Code of Civil Procedure, 1908 Rule 1 to 7

Title: Frame of Suit

State: Central

Year: 1908

.....that the joinder of causes of action in one suit may embarrass or delay the trial or is otherwise inconvenient, the Court may order separate trials or make such other order as may be expedient in the interests of justice.] 7 . Objections as to misjoinder All objections on the ground of misjoinder of causes of action shall be taken at the earliest possible opportunity and, in all cases where issues are settled, at or before such settlement unless the ground of objection has subsequently arisen, and any such objection not so taken shall be deemed to have been waived. _____________________ 1. Substituted Act by 104 of 1976, section 53, for rule 6 (w.e.f. 1-2-1977).

Code of Civil Procedure, 1908 Rule 1 to 7

Title: Settlement of Issues and Determination of Suit on Issues of Law or on Issues Agreed Upon

State: Central

Year: 1908

.....proposition of fact or law is affirmed by the one party and denied by the other. (2) Material propositions are those propositions of law or fact which a plaintiff must allege in order to show a right to sue or a defendant must allege in order to constitute his defence. (3) Each material proposition affirmed by one party and denied by the other shall form the subject of a distinct issue. (4) issues are of two kinds: (a) issues of fact, (b) issues of law. (5) At the first hearing of the suit the Court shall, after reading the plaint and the written statements, if any, and 1 [after examination under rule 2 of Order X and after hearing the parties or their pleaders], ascertain upon what material propositions of fact or of law the parties are at variance, and shall thereupon proceed to frame and record the issues on which the right decision of the case appears to depend. (6) Nothing in this rule requires the Court to frame and record issues where the defendant at the first hearing of the suit makes no defence. 2 [2. Court to pronounce judgment on all issues (1) Notwithstanding that a case may be disposed of on a preliminary issue, the Court shall, subject to.....

Karnataka Court-fees and Suits Valuation Act, 1958 Section 6

Title: Multifarious Suits

State: Karnataka

Year: 1958

.....of the fees with which plaints would be chargeable under this Act if separate suits were instituted in respect of the several causes of action: Provided that, where the causes of action in respect of reliefs claimed alternatively against the same person arise out of the same transaction, the plaint shall be chargeable only with the highest of the fees chargeable on them. Nothing in this sub-section shall be deemed to affect any power conferred upon a court under Rule 6 of Order II of the Code of Civil Procedure, 1908 (Central Act V of 1908). (4) The provisions of this section shall apply mutatis mutandis to memoranda of appeals, applications, petitions and written statements. Explanation: For the purpose of this section, a suit for possession of immovable property and for mesne profits shall be deemed to be based on the same cause of action.

Suits Valuation Act, 1887 Part II

Title: Other Suits

State: Central

Year: 1887

.....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, 1870 (7 of 1870), 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 State Government, direct that suits of that class shall, for the purposes 1[***] of this Act and any other enactment 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. ___________________________ 1. Omitted by the Gujarat Court Fees Act, 2004 Prior to omission text read as under: - " of the Court-fees Act, 1870, and" Section 10 - [Repeal of section 32, Punjab Courts Act, 1884 (18 of 1884)] Repealed by the Repealing and Amending Act, 1891 (12 of 1891), section 2 and Schedule I, Part I.

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

Title: Valuation of Suits

State: Karnataka

Year: 1958

.....and value for the purpose of computing the fee payable under this Act shall be the same: 1[provided that notwithstanding anything contained in sub-section (2) of section 7, the value of land specified in clauses (a), (b) or (c) of the said sub-section shall, for purposes of determining the jurisdiction of courts, be the market value of such land]. (2) In a suit where fee is payable under this Act at a fixed rate, the value for the purpose of determining the jurisdiction of courts shall be the market value or where it is not possible to estimate it at a money value such amount as the plaintiff shall state in the plaint. ____________________ 1. Provision added by Act No. 10 of 1964. Section 51 - Procedure where objection is taken on appeal or revision that a suit or appeal was not properly valued for jurisdictional purposes (1) Notwithstanding anything contained in section 99 of the Code of Civil Procedure, 1908 (Central Act V of 1908), an objection that by reason of the overvaluation or undervaluation of a suit or appeal, a court of first instance or lower appellate court which had not jurisdiction with respect to the suit or appeal exercised jurisdiction with respect.....

Suits Valuation Act, 1887 Complete Act

Title: Suits Valuation Act, 1887

State: Central

Year: 1887

Preamble1 - SUITS VALUATION ACT, 1887 Section1 - Title and extent Part I Section2 - Extent and Commencement of Part I Section3 - Power for State Government to make rules determining value of land for jurisdictional purposes Section4 - Valuation of relief in certain suits relating to land not to exceed the value of the land Section5 - Making and enforcement of rules Section6 - Repeal of section 14 of Madras Civil Courts Act, 1873 Part II Section7 - Commencement of Part II Section8 - Court-fee value and jurisdictional value to be the same in certain suits Section9 - Determination of value of certain suits by High Court Section10 - [Repeal of section 32, Punjab Courts Act, 1884 (18 of 1884)] Part III Section11 - Procedure where objection is taken on appeal on revision that a suit or appeal was not properly valued for jurisdictional purposes Section12 - Proceedings pending at commencement of Part I or Part II

Suits Valuation Act, 1887 Part I

Title: Suits Relating to Land

State: Central

Year: 1887

.....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 not exceed the value of the land or interest as determined by those rules. Section 5 - Making and enforcement of rules (1) The State Government shall, before making rules under section 3, consult the High Court with respect thereto. (2) A rule under that section shall not take effect till the expiration of one month after the rule has been published in the Official Gazette. Section 6 - Repeal of section 14 of Madras Civil Courts Act, 1873 On and from the date on which rules under section 3 take effect in any part of the territories under the administration of the Governor of Fort Saint George in Council to which the Madras Civil Courts Act,1873 (3 of 1873) extends, section 14 of that Act shall be repealed as regards that part of those territories.

Suits Valuation Act, 1887 Section 8

Title: Court-fee Value and Jurisdictional Value to Be the Same in Certain Suits

State: Central

Year: 1887

Where in suits other than those referred to in the Court-fees Act, 1870 (7 of 1870), section 7, paragraphs v, vi and ix, and paragraph x, clause (d), court-fees are payable ad valorem under the Court-fees Act, 1870, the value as determinable for the computation of court-fees and the value for purposes of jurisdiction shall be the same.