Court : Gujarat
Reported in : (1994)1GLR237
..... the same course and issue the following directions:the petition is allowed. rule is made absolute by holding that item no. 10 of schedule i of the bombay court-fees act, 1959 as applicable to gujarat suffers from the vice of violation of article 14 of the constitution to the extent it does not have an upper limit ..... to the respondent authorities, having regard to the valuation of the property of rs. 7,52,760/- the court-fees payable would be rs. 54,000/-.3. section 29 of the bombay court fees act provides for the payment of court fees in respect of probate and letters of administration which reads as follows:29.(1) no order entitling the petitioner ..... as follows:36. re: contention (d).in the appeal of the state of maharashtra arising out of the bombay court-fees act, 1959, the high court has struck down the impugned provisions on the ground that the levy of court-fee on proceedings for grant of probate and letters of administration ad valorem without the upper limit prescribed for all other .....
Tag this Judgment!Court : Mumbai
Reported in : 1983(2)BomCR267; 1982MhLJ607
..... to enforce his statutory right. the relief is incapable of monetary valuation. therefore, under section 6(j) of the bombay court fees act the suit is properly valued and court fees paid is proper. section 6(j) of the bombay court fees act states as follows:section '6(j) in suit when declaration is sought, with or without injunction or other consequential relief ..... 1 had submitted that it is a suit for performance of the contract, and therefore, is governed by the provisions of the bombay court fees act as it is in section 6(xi) of the bombay court fees act which states as follows:section '6(xi). in suits for specific performance---(a) of a contract of sale, according to the amount ..... suit than the present one which is filed by the plaintiff. the obligations flowing from the contract of sale mentioned in section 6(xi) of the bombay court fees act are obligations, in my opinion, restricted to a contract wherein there is no question of any compliance with any statute. mere statutory right is not .....
Tag this Judgment!Court : Mumbai
Reported in : (1968)70BOMLR407
..... of the code of civil procedure. in our opinion, there is considerable force in this contention of mr. rane. it is true that section 7(1) of the bombay court-fees act of 1959 is not itself a charging section, it merely indicates the mode of valuation of the subject-matter of an appeal mentioned in that section and on the amount ..... of such valuation court-fee shall be payable. what court-fee is to be paid must be determined with reference to the appropriate provision in one of the two schedules to the court-fees act of 1959. section 5 of the bombay court-fees act of 1959 lays down that no document on which court-fee less than that indicated by either of the ..... against the decision in a suit or an application to set aside or modify an award, and not an appeal mentioned in section 7(1) of the bombay court-fees act of 1959. we are unable to accept this contention. it is important to note that this article uses the words 'any award otherwise than under the arbitration .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2000Bom474; 2000(4)ALLMR389; 2000(3)BomCR813; (2000)3BOMLR408; 2000(4)MhLj228
..... perspective, it is desirable to reproduce the earlier notification and the amending notification. the earlier notification dated 1st october, 1994 reads as follows:-'revenue and forests departmentmantrataya, bombay 400 032, dated 1st october 1994 bombay court fees act, 1959.no. stp. 1094/cr-859/m-1.---whereas, the government of maharashtra has recently announced a policy with a view to promote the welfare of the ..... .harshawardhan gajbhiye deputy secretary to government' 5. the amending notification reads as follows:-'revenue and forests departmentmantralaya, bombay 400 032, dated 23rd march 2000 bombay court fees act, 1959.no. s.30/2000/673/cr-199/m-1.---in exercise of the powers conferred by section 46 of the bombay court fees act, 1959 (bom. xxxvi of 1959), the government of maharashtra hereby amends the government notification, revenue and .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(6)BomCR540
..... i. it would therefore be appropriate to refer to the provisions of articles 1 and 3 of schedule i to the bombay court fees act, which reads thus:schedule iad valorem fees---------------------------------------------------------------------number proper fee(1) (2) (3)---------------------------------------------------------------------1. plaint or when the amount or twomemoran- value of the subject hundreddum of of the ..... 1.0 of the judgment of the division bench that an application under section 34 of the arbitration act, 1996 would attract court fee under article 1 of schedule-i to the bombay court fees act were not the ratio decidendi but were in the nature of obiter dicta.7. the issue before the ..... of the award. on the other hand, according to the counsel for the applicants, the court fee payable would be a fixed court fee as provided under class-1 (f) of schedule ii of the bombay court fees act.2. at the outset, i must record my appreciation of the valuable assistance rendered by the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1969Bom66; (1968)70BOMLR359; 1968MhLJ593
..... the plaintiffs, as mr. zaiwalla khas rightly contended, and that the same is not susceptible of monetary evaluation and is governed by section 6(iv)(j) of the bombay court-fees act, 1959. some other decisions were also referred to in the course of the arguments before me in this case, but it is unnecessary for me to deal with any ..... valued otherwise than by the plaintiffs' own valuation, and saying that the suit was not susceptible of monetary evaluation within the terms of section 6(iv)(j) of the bombay court fees act. 1959, as the two expressions mean much the same thing. in the result, i hold that the subject-matter of the present suit, as framed is not the ..... chamber summons taken out by the state separately hereafter. 2a. it would be convenient to refer at the very outset to the terms of section 6(iv)(j) of the bombay court-fees act. 1959. clause (iv) of the said section deals with various types of declaratory suits and in sub-clause (j) thereof, it is provided that, it suits where a .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1971Bom283; (1971)73BOMLR341; ILR1971Bom493
..... vi) and (x) and clause (d) of paragraph (xi) in section 6 of the bombay court-fees act, 1959 (bombay act xxxvi of 1959) court-fees are payable ad valorem under the bombay court-fees act. 1959 (bombay act xxxvi of 1959), the value as determinable for the computation of court-fees and the value for purposes of jurisdiction shall be the same.'it is, therefore, clear from ..... thirty years. therefore, this suit for possession of such land would fall within the purview of section 6(v)(b) of the bombay court-fees act, 1959. for the purposes of court-fee therefore in suits for possession of such lands, a sum equal to twenty times the survey assessment should be the valuation. the plaintiff ..... suits are those suits which are referred to in paragraphs (v), (vi), (x) and clause (d) of paragraph (xi) in section 6 of the bombay court-fees act, 1959. these are the suits for possession of land, houses and gardens, suits to enforce a right of preemption, suits against mortgagees for recovery of the mortgaged .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(3)ALLMR388; 2004(3)MhLj290; 2004(supp.2)BomCR891
..... of ownership of immovable property is concerned, they fall within the provisions of section 6(iv)(d) of the bombay court fees act. the provisions of section 6(iv)(d) of the bombay court fees act are reproduced hereinbelow:-6. computation of fees payable in certain suitsx x x x x x x x x x x x x x(iv)(d) for ..... , they are laid down under section 3 of the suit valuation act, 1887. section 8 of the suits valuation act lays down that for the purpose of determining the court fees, the provisions of bombay court fees act will be applicable. by virtue of the amendment to the court fees act, central act is not applicable to the state of maharashtra as now there is ..... for possession of the house, claiming that the defendant is in possession as a licensee and, therefore, the question before the court was: whether the court fee is payable under section 7(v)(a) of the bombay court fees act. in the light of the said question, the division bench came to the conclusion that the provisions of section 7(v .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(3)BomCR184
..... to be set aside. it was his further contention that the valuation of the relief asked for in the suit and taking into consideration the provisions of suit valuation act and the bombay court fees act it is apparent that the relief sought for was for restoration of the premises claimed by the respondent as a lessee who has claimed to have been illegally dispossessed ..... rent would be rs.6000/- which would be the value of the suit for the purposes of payment of court fees in case of a suit by the lessee against the lessor in terms of provisions of section 6(12)(f) of the bombay court fees act and considering the same the valuation which discloses at rs.6600/- cannot be said to be a valuation in .....
Tag this Judgment!Court : Mumbai
Reported in : 1998ACJ965; 1998(4)ALLMR676; 1998(2)BomCR593; (1998)1BOMLR593; 1998(2)MhLj73
..... have filed petition for compensation. but claim petition filed by the petitioner claimants does not at all fall in the first or second schedule to the bombay court fees act, 1959. under the circumstance, the government notification dt. 1st october 1994 cannot be pressed into service. the rejection order passed by the ex-officio ..... of respondent nos. 1 and 2.10. the notification issued by the government of maharashtra is as under :'maharashtra state gazetterevenue and forest departmentmantralaya, bombay - 400032date : 1-10-1994 bombay court fees act, 1959no. s.t.p. 1094 c.r. 859 / m -1 whereas the government of maharashtra has recently announced a policy with a ..... the plaints, application, petitions, memorandum of appeal or any of the documents specified in the first and second schedule to the bombay court fees act, 1959, to be filled in civil, family of criminal courts. the learned advocate mr. ashtekar, appears to have been fascinated by the word petition used in the notification. he has .....
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