Bare Act Search Results

Code of Civil Procedure, 1908 Part I

Title: Suits in General

State: Central

Year: 1908

.....B anking 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 interest3[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. ___________________ 1. Substituted by Act 66 of 1956, section 2, for certain words (w.e.f. 1-1-1957). 2. Added by Act 104 of 1976, section 13 (w.e.f. 1-7-1977). 3. Substituted by Act 66 of 1956, section 2, for "on such aggregate sum as aforesaid" (w.e.f. 1-1-1957). Section 35 to 35B - Costs 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.....

Karnataka Court-fees and Suits Valuation Act, 1958 Section 32

Title: Suits Relating to Mortgages

State: Karnataka

Year: 1958

.....mortgage or charge is impleaded in a suit by a co-mortgagee to which sub-section (4) applies, or in a suit by a sub-mortgagee to which sub-section (5) applies, the provisions of sub-section (2) and (3) shall apply mutatis mutandis to a written statement or an application filed by such holder or mortgage or charge. (7) Where the original mortgagee who is impleaded in a suit to which the provisions of sub-section (5) (b) apply claims on the mortgage sub-mortgaged by him a larger amount than is claimed in the plaint, the provisions of sub-section (4) shall apply mutatis mutandis to the written statement of such mortgagor. (8) In a suit against a mortgagee for redemption of a mortgage, fee shall be computed on the amount due to the mortgagee as stated in the plaint or on one-fourth of the principal amount secured under the mortgage, whichever is higher. Provided that, where the amount due on the mortgage is found to be more than the amount on which fee has been paid by the plaintiff, no decree shall be passed until the deficit fee is paid: Provided further that, in the case of a usufructuary or anomalous mortgage, if the plaintiff prays for redemption as well as for.....

Patents Act, 1970 (39 of 1970) Section 113

Title: Certificate of Validity of Specification and Costs of Subsequent Suits for Infringement Thereof

State: Central

Year: 1970

.....the certificate was granted, unless the court trying the suit or proceeding otherwise directs: Provided that the costs as specific in this sub-section shall not be ordered when the parly disputing the validity of the claim satisfies the court that he was not aware of the grant of the certificate when he raised the dispute and withdrew forthwith such defence when he became aware of such a certificate. 2[(3) Nothing contained in this section shall be construed as authorising the courts or the Appellate Board hearing appeals from decrees or orders in suits for infringement or petitions for revocation, as the case may be, to pass orders for costs on the scale referred to therein]. ________________________ 1. Substituted by Patents Amendment Act, 2005 (15 of 2005) for the words: (1) If in any proceedings before a High Court for the revocation of a patent under section 64 the validity of any claim of a specification is contested and that claim is found by the court to be valid, the court may certify that the validity of that claim was contested in those proceedings and was upheld. 2. Substituted by Patents Amendment Act, 2005 (15 of 2005) for the words: (3) Nothing.....

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.....

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.....

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

Title: Computation of Fee

State: Karnataka

Year: 1958

..... 2. Omitted by Act No. 10 of 2003, w.e.f. 1-4-2003 Previous Reference: (3) In suits in Tahsildar's courts under the Bombay Mamlatdar Courts Act, 1906 (Bombay Act II of 1906), the fee payable shall be one rupee and fifty naye paise. (4) In suits and applications under '[the Bombay Land Revenue Code, 1879 (Bombay Act V of 1879) and under the Hyderabad Land Revenue Act 131F (Hyderabad Act VIII of 1317 Fasli,] the fee payable shall be one Seventy-five naye paise. *. Now see the Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of 1964). Section 44 - Suits relating to public matters In a suit for relief under section 14 of the Religious endowments Act, 1863 (Central Act XX of 1863), or under section 91 or section 92 of the Code of Civil Procedure, 1908 (Central Act V 1908),1[or under Section 50 of the Bombay Public Trusts Act, 1950 (Bombay Act XXIX of 1950)], the fee payable shall be fifty rupees. ____________________ 1. Inserted by Act No. 13 of 1981 w.e.f. 1-1-1976. Section 45 - Interpleader suits (1) In an interpleader suit, fee shall be payable on the plaint at the rates specified in section 47. (2) Where issues are framed as between the claimants, fee.....

Pondicherry 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.....

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.....