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Home Bare Acts Phrase: suit Page 1 of about 6,158 results (0.015 seconds)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.....
View Complete Act List Judgments citing this sectionKarnataka 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.....
View Complete Act List Judgments citing this sectionKarnataka Court-fees and Suits Valuation Act, 1958 Section 22
Title: Suits for Maintenance and Annuities
State: Karnataka
Year: 1958
In the suits here in after 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 reduce; (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 enhancement of maintenance shall be instituted in a court which will have jurisdiction to receive a suit for maintenance at the enhanced rate claimed and one for reduction of maintenance shall be instituted in a court which will have jurisdiction to receive a suit for maintenance at the rate which is sought to be reduced.
View Complete Act List Judgments citing this sectionKarnataka Court-fees and Suits Valuation Act, 1958 Section 51
Title: Procedure Where Objection is Taken on Appeal Orrevision That a Suit or Appeal Was Not Properly Valued for Jurisdictionalpurposes
State: Karnataka
Year: 1958
.....in that manner and the appellate court is satisfied as to both those matters and has those materials before it, it shall proceed to deal with the appeal under the rules applicable to the court with respect to the hearing of appeals; but if it remands the suit or appeal, or frames and refers issues for trial, or requires additional evidence to be taken, it shall direct its order to a court competent to entertain the suit or appeal. (4) The provisions of this section with respect to an appellate court shall, so far as they can be made applicable apply to a court exercising revisional jurisdiction under section 115 of the Code of Civil Procedure, 1908 (Central Act V of 1908) or other enactment for the time being in force.
View Complete Act List Judgments citing this sectionSuits 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.
View Complete Act List Judgments citing this sectionSuits Valuation Act, 1887 Section 11
Title: Procedure Where Objection is Taken on Appeal on Revision That a Suit or Appeal Was Not Properly Valued for Jurisdictional Purposes
State: Central
Year: 1887
.....issues for trial, or requires additional evidence to be taken, it shall direct its order to a Court competent to entertain the suit or appeal. (4) The provisions of the section with respect to an Appellate Court shall, so far as they can be made applicable, apply to a Court exercising revisional jurisdiction under section 622 of the2Code of Civil Procedure (14 of 1882) or other enactment for the time being in force. (5) This section3[xxx] shall come into force on the first day of July, 1887. _____________________ 1. Now section 99 of the Code of Civil Procedure, 1908 (Act 5 of 1908.) 2. Now section 115 of the Code of Civil Procedure, 1908 (Act 5 of 1908.) 3. The words "extends to the whole of India except Part B States and "omitted by the Adaptation of Laws (No. 2) Order, 1956.
View Complete Act List Judgments citing this sectionKarnataka Court-fees and Suits Valuation Act, 1958 Section 38
Title: Suits for Cancellation of Decrees, Etc.
State: Karnataka
Year: 1958
.....of the decree or other document is sought to be cancelled, such part of the amount or value of the property. (2) If the decree or other document is such that the liability under it cannot be split up and the relief claimed relates only to a particular item of property belonging to the plaintiff or to the plaintiff's share in any such property, fee shall be computed on the value of such property or share or on the amount of the decree, whichever is less. Explanation 1: A suit to set aside an award shall be deemed to be a suit to set aside a decree within the meaning of this section. Explanation 2: In a suit for cancellation of a decree and possession of any property, the fee shall be computed as in a suit for possession of such property.
View Complete Act List Judgments citing this sectionPublic Suits Validation Act, 1932 Section 2
Title: Validation of Certain Pending Public Suits
State: Central
Year: 1932
Where a suit relating to any of the public matters specified in sections 91 and 92 of the Code of Civil Procedure, 1908, 5 of 1908.is pending at the commencement of this Act, the institution of such suit shall not be deemed to be invalid on the ground that the previous sanction of the State Government in respect of such suit has not been obtained as required by section 93 of that Code. Explanation.-For the purposes of this section a suit pending at the commencement of this Act includes a suit in respect of which an appeal lies or is pending at the commencement of this Act.
View Complete Act List Judgments citing this sectionKarnataka 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.
View Complete Act List Judgments citing this sectionKarnataka Court-fees and Suits Valuation Act, 1958 Section 43
Title: Suits to Alter or Cancel Entry in Revenue Registersand Certain Suits in Revenue Courts
State: Karnataka
Year: 1958
(1) In a suit to alter or cancel any entry in a revenue or survey register or records of the names of proprietors of revenue-paying estate, the fee payable shall be1[fifty rupees]. (2) In suits in revenue courts relating to a village office, the fee payable shall be1[fifty rupees]. 2[(3) xxxxxxx (4) xxxxxxx] ____________________ 1. Substituted by Act No. 7 of 1996, w.e.f. 28-3-1996, for the words "fifteen rupees". 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).
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