Court : Mumbai
Reported in : AIR1961Bom104; (1960)62BOMLR1024; ILR1961Bom92
..... court-fee stamp payable on the certificate was calculated according to articles 11 and 12 in the first schedule of the court-fees act, 1870 ..... on the interpretation of articles 11 and 12 in the first schedule to the court-fees act. ..... it has been held by this court in in re sunderji lalji, 48 bom lr 498 : (air 1947 bom 30), that the word 'any' in the expression 'any debt or security' used in article 12 of schedule i of the court-fees act means all the debts and securities specified in the certificate, and not each individual item of debt or security mentioned in it, and that the court-fee payable on a succession certificate should be computed on the total amount of value of debts and securities mentioned ..... 1 lakh, it would be possible to avoid the payment of court-fees by first asking for a certificate for one debt only and thereafter making successive applications for extension in respect of ..... if the court-fee on an extension is to be calculated without taking into consideration the total value of the debts, a party may, by first making an ..... the order was that the petitioner was required to pay one and a half times the court-fee which would have been payable on these additional debts if they had been included in his first application. ..... we are accordingly of the opinion that even when an extension is granted, the court-fee on the extended certificate should be calculated after taking into consideration all the debts specified in the certificate, and not only the debts to which the .....
Tag this Judgment!Court : Kolkata
Reported in : 36Ind.Cas.125
..... 14 of the succession certificate act, 'every application for a certificate or for the extension of a certificate must be accompanied by a deposit of a sum equal to the fee payable under the first schedule to the court-fees act, 1870, in respect of the ..... the second answer to that is that under the court fees act, in cases of grant of probate or letters of administration the government receives from the applicant a tax 'upon the whole of the value of the estate passing on the death ..... case does not turn upon the wording of the statute imposing a duty in favour of the crown, but on a comparison of the duties payable under the succession certificate act and the duties payable on grants of probate or letters of administration under the court fees act. ..... the value of the estate, the issue of a further grant in respect of the same property, or a portion thereof is made without charging any further duty, in the case of a certificate under the succession certificate act, the duty is paid to the crown only in respect of such debts as the applicant requires the certificate to enforce or collect; no duty is payable to the crown on the whole value of the estate but usually ..... therefore, a further court-fee has to be ..... the daughter could have been made in respect of the property remaining un-administered by the mother if she had obtained letters of administration to the estate of her deceased husband, the court should issue to the daughter a certificate under the succession certificate act free of duty. .....
Tag this Judgment!Court : Mumbai
Reported in : (1976)78BOMLR219; 1976MhLJ636
..... section 14 of the succession certificate act, 1889, provided for depositing in court along with every application for a succession certificate a sum equal to the probate duty payable under the first schedule to the court fees' act, 1870, which amount of deposit was to be expended under the directions of the court in the purchase of stamps to be used for paying such probate duty. ..... section 13 amended articles 11 and 12 of the first schedule to the court fees' act, 1870, by substituting probate duties different from what was originally provided in the court pees' act. ..... thus, the duty or fee was levied not by the succession certificate act but by the court fees' act, and section 14 of that act merely secured that such duty or fee would in fact be paid. ..... in appeal against the order of remand the allahabad high court held that had the plea that a succession certificate was necessary been taken in the court of first instance, the court would have given the plaintiff an opportunity to produce a succession certificate. ..... the question whether if the dower were movable property other than money, it would also constitute a debt under section 4 of the succession certificate act was not before the court, and the court was neither called upon to answer that question nor directed its attention to it. .....
Tag this Judgment!Court : Allahabad
Reported in : (1907)ILR29All468
..... article 5 of the first schedule or the court fees act of 1870 expressly provides that where an application for review of judgment is made within 90 days and where there has been no appeal, the proper fee payable by the applicants is one half of the fee leviable on the plaint. ..... my decision is confined to a decision that the ruling of the court below as to the court fee was erroneous and that it ought to have heard the application. ..... the court below, without going into the merits of the application for review of judgment, decided that the applicants should have paid a court fee to cover a sum equivalent to the amount claimed by the plaintiffs in their plaint plus the amount claimed by the defendants as set-off, no time was given to the applicants to pay this additional court fee. ..... the plaintiffs now seek to set aside the order rejecting the application for review on the ground that the court fee paid by them was more than sufficient and that they in any event should have been allowed time to pay the additional court fee. ..... in my judgment the learned judge of the small cause court was clearly wrong in rejecting the application for review of judgment on the ground of court fee. ..... it seems to me quite clear that the applicants were entitled to present their application for review of judgment by paying a court fee of rs. 2-7. ..... an application was made for review of judgment and the plaintiffs paid a court fee of rs. 4-8. .....
Tag this Judgment!Court : Delhi
Reported in : 8(1972)DLT329
..... section 4 of the court-fees act before its amendment by the court-fees (delhi amendment) act, 1967 stood as follows:- 'nodocument of any of the kinds specked in the first or second schedule to this act annexed, as chargeable with fees, shall be filed, exhibited or recorded in, or shall be received or furnished by, any of the said high courts in any case coming before such court in the exercise of its extraordinary original civil jurisdiction; or in the exercise of its extraordinary original criminal jurisdiction; or in the exercise of its jurisdiction as regards appeals from the judgments ..... 'the result of the amendment is that documents (referred to in the first or second schedule in the court-fees act cannot be filed, exhibited or recorded in or cannot be received by the high court in the exercise of its writ jurisdiction unless they bear the requisite court-fees stamp. ..... other than judgments passed in the exercise of the ordinary original civil jurisdiction of the court of one or more .....
Tag this Judgment!Court : Mumbai
Reported in : (1986)88BOMLR308
..... a suit for a declaration that the allotment of shares in favour of the defendants is invalid without the further prayer that the shares be allotted to the plaintiffs is also not a suit covered by article 7 of schedule i of the bombay court-fees act, 1959;(4) in a suit for a declaration that the allotment of shares in favour of the defendants is invalid and for a consequential relief that the shares be allotted to the plaintiffs, the value of the shares will be the value of the ..... since article 7 of the first schedule of the bombay court-fees act clearly governed, according to the division bench, the relief claimed in the suit before it, the division bench held that the suit was one to obtain substantial relief which was capable of being valued in terms of ..... the division bench undoubtedly distinguished chhotalal's case (supra) by holding that that case was based upon section 7(iv)(c) of the court-fees act, 1870, a central act, and section 8 of the said act as amended by bombay finance act, 1956. ..... so holding the supreme court ruled that the plaintiff was liable to pay ad valorem court fee under section 7(iv}(c) of the court-fees act, 1870. ..... it was held that the suit fell expressly within the description of a suit to obtain a declaratory decree where consequential relief was prayed under section 7(iv)(c) of the court-fees act, 1870, and the plaintiffs were entitled to put their own valuation on the subject-matter of the suit. .....
Tag this Judgment!Court : Delhi
..... page 30 of 531 order shall, until repealed or amended by a competent legislature or other competent authority, have effect subject to the adaptation and modifications directed by those schedules or if it is so directed shall stand repealed the first schedule to the adaptation of laws order 1950 mentions the court fees act 1870 (vii of 1870) which therefore continued to have effect after 1950. ..... this court, the petitioners place strong reliance on the statement of objects and reasons to the court fees act, 1870, writings on the subject as reports of the law commission of india especially the 189th report of 2004 titled revision of the court fee structure and prior reports in support of the challenge to the amendment of 2012 to the schedule of the court fees act, 1870 ..... as per the scheme of the court fees act, 1870, section 6 prescribes documents specified as chargeable with court fee in schedules i and ii to the act and prohibits their filing, exhibition or recording in a court of justice unless fees of the indicated amount have been ..... the court fees (delhi amendment) act, 2012 also substituted schedule i and schedule ii of the court fees act, 1870 by new schedules specifying ad valorem and fixed fees, as applicable to the national capital territory of ..... we have detailed above the erroneous provisions made in entry 22 of schedule ii of the amended court fees act, 1870 wherein the respondents have stipulated the court fee payable on a petition for grant of anticipatory bail if filed before .....
Tag this Judgment!Court : Delhi
..... page 30 of 531 order shall, until repealed or amended by a competent legislature or other competent authority, have effect subject to the adaptation and modifications directed by those schedules or if it is so directed shall stand repealed the first schedule to the adaptation of laws order 1950 mentions the court fees act 1870 (vii of 1870) which therefore continued to have effect after 1950. ..... this court, the petitioners place strong reliance on the statement of objects and reasons to the court fees act, 1870, writings on the subject as reports of the law commission of india especially the 189th report of 2004 titled revision of the court fee structure and prior reports in support of the challenge to the amendment of 2012 to the schedule of the court fees act, 1870 ..... as per the scheme of the court fees act, 1870, section 6 prescribes documents specified as chargeable with court fee in schedules i and ii to the act and prohibits their filing, exhibition or recording in a court of justice unless fees of the indicated amount have been ..... the court fees (delhi amendment) act, 2012 also substituted schedule i and schedule ii of the court fees act, 1870 by new schedules specifying ad valorem and fixed fees, as applicable to the national capital territory of ..... we have detailed above the erroneous provisions made in entry 22 of schedule ii of the amended court fees act, 1870 wherein the respondents have stipulated the court fee payable on a petition for grant of anticipatory bail if filed before .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1937Bom167; (1937)39BOMLR138
..... vi and ix, and paragraph x, clause (d)(and this case does not :fall within any of those paragraphs), court-fees are payable ad valorem under the -court-fees act, 1870, (and here the court-fees are payable ad valorem under the first schedule), the value as determinable for the computation for court-fees and the value for purposes of jurisdiction shall be the same.no doubt the result is rather startling, but the effect of it seems to be that inasmuch as the plaintiff has valued his relief for ..... but then one has to read the bombay civil courts act in conjunction with the suits valuation act of 1887, which again has to be read in conjunction with the court-fees act of 1870. ..... then one comes to section 8 of the suits valuation act of 1887, which provides :-where in suits other than those referred to in the court-fees act, 1870, section 7, paragraphs v. ..... section 7, clause (iv)(c), of the court-fees act provides that the amount of fee payable under this act in suits to obtain a declaratory decree or order where consequential relief is prayed or (d) an injunction is sought shall be computed according to the amount at which the relief sought is valued in the plaint. ..... the claims were valued, for the purposes of the court-fees act at rs. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1993MP70; 1993(0)MPLJ536
..... ) decided on 24-4-1991 it was canvassed on behalf of the claimant/ respondent who was filed the cross-objection that only fixed court fees under article 11 of schedule 2 of the court fees act, 1870 is payable on the memorandum of appeal as well as on the cross-objection.3. ..... . in the facts and circumstances stated and the view that we have taken with regard to payment of court-fees on memorandum of appeal and cross-objection against award in land acquisition cases, it has to be held that the division bench decision in first appeal no ..... on the strength of two division bench decisions of this court rendered in first appeal no. ..... chawla, disagreeing with the view taken by earlier two division benches of this court in first appeal no. ..... . act may be made with advantage which reads as under:'26 form of awards -- (1) every award under this part shall be in writing signed by the judge, and shall specify the amount awarded under clause first of sub-section (1) of section 23, and also the amounts (if any) respectively awarded under each of the other clauses of the same sub-section, together with the grounds of awarding each of the said amounts ..... . act came to the conclusion as contained in paragraph 17 of the report which run as follows :'thus on a consideration of the authorities mentioned above the propositions may be summarised as follows: firstly, that under the definition of a 'decree' contained in section 2(2) of the code of civil procedure, 1908, three essential conditions are necessary .....
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