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Home Bare Acts Phrase: section 12 of the court fees act for recovery of the amount of the court feesBombay Court-fees Act, 1959, (Maharashtra) Section 6
Title : Computation of Fees Payable in Certain Suits for Money
State : Maharashtra
Year : 1959
.....period of the charge is less than one year; 7 (ha) for avoidance of sales contract for sale etc. --In suits for declaration that any sale, or contract for sale or termination of contract for sale, of any movable or immovable property is void--one-half of ad valorem fee leviable on the value of the property; 7 (hb) for avoidance of an acquisition proceeding --In suits for declaration that any proceedings for compulsory acquisition of any movable or immovable property are void--one-half of ad valorem fee leviable on the value of the property. (i) for accounts.--In suits for accounts-according to the amount at which the relief sought is valued in the plaint or memorandum of appeal, subject to the provisions of section 8 and subject to a minimum fee of 8 [one hundred rupees]. (j) for other declarations.--In suits where declaration is sought, with or without injunction or other consequential relief and the subject-matter in dispute is not susceptible of monetary evaluation and which are not otherwise provided for by this Act 9 [--ad valorem fee payable, as if the amount or value of the subject-matter was 10 [one thousand rupees]. In all suits under clauses (a)to (i) the.....
View Complete Act List Judgments citing this sectionBombay 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.
View Complete Act List Judgments citing this sectionCourt-fees Act, 1870 Section 7
Title : Computation of Fees Payable in Certain Suits
State : Central
Year : 1870
.....by the landlord, and (f) for abatement of rent-- according to the amount of the rent of the4[immovable property] to which the suit refers, payable for the year next before the date of presenting the plaint. _________________________ 1. The words "and the provision of the Code of Civil Procedure, section thirty-one, shall apply as if, for the word 'claim,' the words 'relief sought' were substituted" rep. by Act 12 of 1891, Section 2 and Schedule I. 2. See paragraph 8 of the A.O. 1937. In view of this provision the expression "Govemor of Bombay in Council" has been left unmodified. 3. Inserted by Act 6 of 1905, Section 2(1) 4. Substituted by Section 2(2), by Act 6 of 1905, for "land".
View Complete Act List Judgments citing this sectionBombay Court-fees Act, 1959, (Maharashtra) Section 12
Title : Appointment of Inspecting Officers and Recovery in Cases Reported by Them
State : Maharashtra
Year : 1959
.....under this Act on any document filed, exhibited or recorded in such case has not been paid or has been insufficiently paid, he shall report the fact to the Presiding Officer of the Court. (4) Such Presiding Officer, after satisfying himself of the correctness of such report, shall record a provisional finding that the proper fee has not been paid and determine the amount of the fee payable and such further sum as he thinks reasonable as the costs of the inquiry and the person from whom the fee or the difference thereof, if any, and the costs shall be, recoverable. (5) After recording a finding under sub-section (4), the Presiding Officer shall issue a notice to the person referred to in that sub-section to show cause why he should not be ordered to pay the fee and costs determined hereunder, and, if sufficient cause is not shown, the Presiding Officer shall conform the finding and make an order requiring such person to pay the proper fee and the costs before a specified date. (6) If such person fails to pay the fee and the costs in accordance with the provisions of sub-section (5), they shall, on the certificate of such Presiding Officer, be recoverable as an arrear of.....
View Complete Act List Judgments citing this sectionCourt-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.
View Complete Act List Judgments citing this sectionCourt-fees Act, 1870 Complete Act
Title : Court-fees Act, 1870
State : Central
Year : 1870
Preamble1 - COURT-FEES ACT, 1870 Chapter I Section1 - Short title, Extent of Act, Commencement of Act Section1A - Definition of Appropriate Government Section2 - [Repealed] Chapter II Section3 - Levy of fees in High Courts on their original sides Section4 - Fees on documents filed etc., in High Courts in their extraordinary jurisdiction; Section5 - Procedure in case of differences as to necessity or amount of fees Chapter III Section6 - Fees on documents filed, etc., in Mufussil courts or in public offices Section7 - Computation of fees payable in certain suits Section8 - Fee on memorandum of appeal against order relating to compensation Section9 - Power to ascertain net profits or market value Section10 - Procedure where net profits or market-value wrongly estimated Section11 - Procedure in suits for mesne profits or account when amount decreed exceeds amount claimed Section12 - Decision of questions as to valuation Section13 - Refund of fee paid on memorandum of appeal Section14 - Refund of fee on application for review of judgement Section15 - Refund where Court reverses or modifies its former decision on ground of mistake Section16 - Refund of fee Section17 -.....
List Judgments citing this sectionCourt-fees Act, 1870 Section 19D
Title : Probates Declared Valid as to Trust-property Though Not Covered by Court-fee
State : Central
Year : 1870
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 moveable or immoveable 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.
View Complete Act List Judgments citing this sectionBombay Court-fees Act, 1959, (Maharashtra) Section 7
Title : Fee on Memorandum of Appeal Against Order or Award Relating to Compensation in Certain Cases
State : Maharashtra
Year : 1959
.....statutory benefits.] (2) The amount of fee payable under this Act on a memorandum of appeal against an award of a Claims Tribunal preferred under section 110-D of the3Motor Vehicles Act, 1939, shall be computed as follows:-- (i) If such appeal is preferred by the insurer or owner of the motor vehicle the full ad valorem fee leviable on the amount at which the relief is valued in the memorandum of appeal according to the scale prescribed under Article 1 of Schedule 1; (ii) If such appeal is preferred by any other person--one-half of ad valorem fee leviable on the amount at which the relief is valued in the memorandum of appeal according to the said scale: Provided that, if such person succeeds in the appeal, he shall be liable to make good the deficit, if any, between the full ad valorem fee payable on the relief awarded in the appeal according to the said scale and the fee already paid by him; and the amount of such deficit shall, without prejudice to any other mode of recovery, be recoverable as an arrear of land revenue. ________________________ 1. These words were inserted by the Bombay Court Fees (Amendment )Act, 2004, Mah. 22 of 2004 (w e f 28.09.2004) 2......
View Complete Act List Judgments citing this sectionCourt-fees Act, 1870 Section 5
Title : Procedure in Case of Differences as to Necessity or Amount of Fees
State : Central
Year : 1870
When any difference arises between the officer whose duty it is to see that any fee is paid under this Chapter and any suitor or attorney, as to the necessity of paying a fee or the amount thereof, the question shall, when the difference arises in any of the said High Courts, be referred to the taxing-officer, whose decision thereon shall be final, except when the question is, in his opinion, one of general importance, in which case he shall refer it to the final decision of the Chief Justice of such High Court, or of such Judge of the High Court as the Chief Justice shall appoint either generally or specially in this behalf. When any such difference arises in any of the said Courts of Small Causes, the question shall be referred to the Clerk of the Court, whose decision thereon shall be final, except when the question is, in his opinion, one of general importance, in which case he shall refer it to the final decision of the first Judge of such Court. The Chief Justice shall declare who shall be taxing-officer within the meaning of the first paragraph of this section.
View Complete Act List Judgments citing this sectionBombay Court-fees Act, 1959, (Maharashtra) Section 11
Title : Cost of Inquiry as to Valuation and Refund of Excess Fee
State : Maharashtra
Year : 1959
If the result of an inquiry under section 8 the Court finds that the subject-matter of the suit has been undervalued, the Court may order the party responsible for the under valuation to pay all or any part of the costs of the inquiry. If in the result of such inquiry the Court finds that the subject-matter of the suit has not been undervalued the Court may, in its discretion order that all or any part of such costs, shall be paid by Government or by any party to the suit at whose instance the inquiry has been undertaken and if any amount exceeding the proper amount of fee has been paid shall refund the excess amount so paid.
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