Judgment Search Results Home > Cases Phrase: court fees act 1870 schedule i first schedule Court: patna Page 1 of about 8 results (0.094 seconds)

Nunu Lal Yadav Vs. the State of Bihar and ors.

Court : Patna

..... undisputedly section 4 of the court fees act, 1870 provides that no document of any of the kinds specified 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 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. ..... 8 of schedule i of the court fees act, 1870, if is filed in the court then the court fee in accordance with the schedule i has to be paid.12. ..... 8 of schedule i provides that when copy of any revenue or judicial proceeding or order not otherwise provided for by this act or copy of any account, statement, report or the like, taken out of any civil or criminal or revenue court or office of any chief officer charged with the executive administration of a division is filed then for every three hundred and sixty words or fraction thereof, court fee of rs. ..... ordinarily the court fees act is to be interpreted in favour of a person who is required to pay the court fee but when the provisions are specific, unambiguous and are absolutely clear then there is no scope for any further interpretation, any document as referred in item no. ..... i also required the counsel to address on the question that if the certified copy is to be filed then in accordance with section 4 read with schedule i, clause 8, court fees tickets of rs. .....

Dharampal Satyapal Ltd, a Company Incorporation Under the Companies Ac ...

Court : Patna

Reported in : AIR2009Pat175

..... have also called in question the notification dated 18 th july, 1991, under section 39 of the act, and published in the official gazette on 31st july 1991, whereby the schedule appended to the act has been amended and under head '11 (narcotics)', two items, namely, zarda and zafrani zarda etc. ..... & xka/kh lsrqaif'pe& dqrh ugj ls 'ks[kiwjk eksm+ rfkk ogka ls hksvujh dksyst ,oa jktdh; du;k e/; fo|ky; vfulkckn xnzuhckx gksrs gq, ckbz ikl lm+dait is thus evident that the state government has taken steps under section 3 of the act to declare the areas within the concerned market committee without specifying the requirement within the meaning of rules 80 and 81 of the bihar agricultural produce markets rules, 1975. ..... large number of items which are not apparently agricultural produce have been declared by the supreme court to have been validly included in the schedule to the act and are, therefore, liable to market fee. ..... (a) 'agricultural produce' means such items of produce of agriculture, horticulture, viticulture, apiculture, sericulture, pisciculture, animal husbandry or forest as are specified in the schedule, and includes admixture of two or more of such items, and also includes any such item in processed form and further includes gur, rab, shakkar, khandsari ..... supreme court substantially disagreed with the first itc. ..... 476 (hereinafter referred to as 'the first itc case'), which has been overruled in the second ..... we must first of all notice the judgment in kesherwani zarda bhandar .....

Mora Ho Vs. State of Bihar and ors.

Court : Patna

..... the parties are entitled to apply to the deputy commissioner to have their cases decided in regular form of civil suit on payment of court-fees but this is allowed only after all efforts are made first to settle the dispute in village assembly and the result of such proceeding is always placed on record before a formal suit is admitted ..... with regard to notification a, i am to observe that in view of the provisions of section 1 paragraph 2, and section 3 of the scheduled district act, the correct procedure appears to be, first to declare the act itself in force in a scheduled district, and then to declare any other enactments in force in such district, by a separate notification ..... all the rules herebefore prescribed by the governor general in council or the local government for the guidance of officers appointed within any of the scheduled districts for all or any of the purposes mentioned in section six and in force at the time of passing of this act, shall continue to be in force unless and until the governor general in council or the local government, as the case may be, otherwise directs ..... . so far application of code of civil procedure is concerned, it has not been disputed that by virtue of code of civil procedure (amendment) act, 1951 the operation of the code was extended to the whole of india including the schedule districts, with the exception of certain tribal areas in the state of assam, in the state of madras and in the state of jammu and kashmir and in the state of .....

Delhi Cloth and General Mills Co. Ltd. and ors. Vs. the Agricultural P ...

Court : Patna

..... impugned levy of purchase tax on industrial alcohol was, during the operation of the price control orders of the central government, beyond the legislative competence of the state.the supreme court referred to the second synthetics and chemicals case wherein it was held that vend fee, transport fee and the like levied by uttar pradesh, maharashtra and certain other states by recourse to entry 8 or entry 51 of list ii were null and void in so ..... bench. in this context it was observed as follows :- 'no decision has been brought to our notice of this court or of the supreme court where any act made by the state legislature in respect of realisation of market fee over the sale and purchase of agricultural produce has been held to have been enacted under any other entry of ..... the question that fell for consideration before the supreme court was whether in course of production of vanaspati from raw groundnut oil there came into existence, as an intermediate product, 'vegetable oil', which could be separately taxed and subjected to excise duty under item 23 of the first schedule of the central excises ..... etc. of industrial alcohol under section 18g of the idr act and the rules or orders made thereunder.the supreme court quoted extensively from the judgment of the second synthetic chemical case with a view to show that the court was concerned with only one question, and that was whether the states could levy excise duty or vend fee or transport fee and the like by recourse to entry 51 or 8 in list ii .....

New India Sugar Mills Ltd. and Etc. Etc. Vs. State of Bihar and ors.

Court : Patna

..... as including not only the process of manufacture or production, but also activities antecedent thereto, such as acquisition of raw materials, and subsequent thereto, such as disposal of the finished products of that industry.repelling the argument the court held : 'industry in the wide sense of the term would be capable of comprising three different aspects : (1) raw materials which are an integral part of the industrial process, (2) the process of manufacture or production, and ..... observations must be understood in the context of the findings earlier recorded by the court that the entire field relating to industrial alcohol was occupied by the centre, by reason of inclusion of that industry in the first schedule of idr act. ..... extent of the levies, the court held that they were not in the nature of fees, nor were they regulatory in nature ..... however, in the garb of regulation, a legislation which was in pith and substance fee, or levy having no connection with the cost of expenses administering the regulation, could not be ..... the state was held justifiable only if it was a fee, thereby -impliedly and clearly denying any consideration or price for ..... did not derive power to tax alcoholic liquors for human consumption from a specific taxing entry, it could not levy tax on intoxicating liquors relying upon entry 8 of list ii of seventh schedule, nor could it levy tax in the guise of a fee. 21. ..... , air 1990 sc 1927, levy of vend fee or duties in respect of industrial alcohol, by different states .....

Mata Gujri Memorial Medical College and Lions Sewa Kendra Hosptial Vs. ...

Court : Patna

..... any person or medical college whose scheme has not been approved by central government to submit a fresh scheme and the provisions of the section shall apply to such scheme, as if such scheme, has been submitted for the first time under sub-section (1)(5) where, within a period of one year from the date of submission of the scheme to the central government under sub-section (1), no order passed by the central' government, has been ..... . mandal university, which is not an university named in the first schedule of the medical council of india act and as such the university is not competent to confer degree ..... averments made in the show cause reveal that every efforts were made to comply with the order of this court, the decision of the secretary and the additional secretary of health services, government of bihar, to seek opinion of the medical council of india and the government of india, in view of the amended provisions of the medical council of india act, may be a wrong decision on their part, but, on that basis, it cannot be inferred that they deliberately ..... issued a notification on 6.5.1993 fixing the date for filing forms and fees only for the students of katihar medical college for the first year m.b.b.s. ..... the scheme referred to in clause (a) shall be in such form and contain such particulars and be preferred in such manner and be accompanied with such fee as may be prescribed ..... through a demand draft as a reserve fund and affiliation fee (vide annexure-2). ..... inspection fee of .....

Lalan Dusadh. Vs. Ram Nagina Dusadh, and ors.

Court : Patna

..... plaintiffs are entitled for half share and by this way, the order of this court is declaratory in the nature and so the title has to be declared and accordingly, plaintiff is required to pay advelorum court fee. ..... have not been considered in the light of section 50/60 of the evidence act by the learned court below and observed that p.w.5 is common relation and p.w.3 is independent witness. ..... it appears to us that the essential requirements of the section are (1) there must be a case where the court has to form an opinion as to the relationship of one person to another; (2) in such a case, the opinion expressed by conduct as to the existence of such relationship is a relevant fact; (3) but the person whose opinion expressed by conduct is relevant must be ..... misra, the hon'ble supreme court considering section 50 and 60 of the indian evidence act at paragraph 6 has held as follows : "(6) we proceed to consider the second question first. ..... the plaintiffs are required to pay advoluram court fee on the proper valuation of the suit land ..... from perusal of the impugned judgment, it further appears that the learned court below at page 8 of the impugned judgment held that when the defendant pleaded with a specific separate case then onus lies on him to prove his case and that there is no whisper in the oral evidence ..... from perusal of the schedule of the plaint, it appears that the lands of only khata no.65 are the ..... prayed for half share in the suit property mentioned in schedule 'a' of the plaint. .....

Goutam Singh and ors. Vs. Central Coalfields Ltd. and ors.

Court : Patna

..... as regards payment of court fee by such petitioners who are members of the scheduled caste, the learned judge observed that they should apply to the legal aid committee for, exemption from payment of court-fees. ..... a firm as understood under the partnership act or a company as understood under the indian companies act, if it is entitled in law to commence action either in the firm name or in the company's name, can do so by filing a petition for the benefit of the company or the partnership and in such a case court fee would be payable depending upon the legal status of the petitioner. ..... the court fee (bihar amendment) act, 1996, has fixed rs. ..... the case set up by them in the writ petition is that the supplementary examination has started for the first time in 1998 but in view of the order of the bihar institute of technology, sindhri, dhanbad, taken at a meeting of the heads of the departments on 26.12.98, they cannot appear in the supplementary examination. ..... under article 226 of the constitution by more than one petitioner, not connected with each other as partners or any other legally subsisting rural relationship, is maintainable where the right to relief arises from the same act or transaction and there is a common question of law or fact or where tonight the right of claim does not arise from the same act or transaction, the petitioners are jointly interested in the cause or causes of action.10. in p.r. .....

Phullan Mian and ors. Vs. Jogendra Ram and anr.

Court : Patna

..... submitted that for seeking relief that a particular sale deed be declared illegal and not valid, the plaintiff has to pa)' the court-fee but neither the plaintiff paid the court-fee nor lie sought the said relief but even then the trial court granted the said-relief which is illegal. ..... devi entered into a contract for sale of the land measuring an area of 5 kathas 6 dhurs situated in village motihari fully described in schedule 1 of the plaint with the plaintiff for which total consideration money was fixed at rs.3000/-. ..... that the trial court has found that the sale deeds of the defendants second party which were marked as annexure-a series were valid and genuine documents and against the said finding of the trial court, the plaintiff has not preferred any cross-appeal, as such the first appellate court had no jurisdiction to interfere with the finding of the trial court but even then the first appellate court has held that ..... paragraph 3 of the said decision which is relevant in this case runs as follows ;-section 16 (c) of the specific relief act, 1963 provides that the plaintiff must plead and prove that he has always been ready and willing to perform his part of the essential terms of ..... alleged that the suit is barred under the provisions of the bihar consolidation of holdings and prevention of fragmentation act, 1956, it has been stated that the plaintiff and defendant no. ..... also indicate that this defendant has never acted or intended to act against the terms of the contract. .....

Bibi Riajan Khatoon and ors. Vs. Sadrul Alam and ors.

Court : Patna

..... hazi zakiruddin and defendants are descendants of common ancestors lapatu mian who had two wives and through his first wife, he has two sons, namely, late hazi zakiruddin and ajmat ali, the latter ajmat ah died leaving behind a son late masraf ali and the defendants are the sons of ..... is the court fee paid sufficient ..... the same without assigning any reason whereas the trial court has considered oral evidence and has assignedreasons for believing the same, the same was to be considered by the lower appellate court in matters of appraisal of oral evidence appellate court must be slow in reversing the findings of trial court as the trial court had advantage to watch the demeanour of the witnesses and that advantage the lower appellate court had not got. ..... in case the evidence has received the better treatment of the hands of trial court, in that event, even though appellate court would be justified, in taking a different view on question of fact, but that should be done after adverting to the reasons given by the trial judge in arriving at the ..... details the case of the plaintiffs-appellants is that the suit property having an area of 3.49 acres of land mentioned in schedule a of the plaint belongs to original plaintiff no. ..... deed of gift executed by hazi zakiruddin on 25-3-1972 in favour of defendants was a sham and collusive transaction created by him to save his properties from the mischief of bihar ceiling act on wrong advice of advocate or the same is a valid and genuine transaction? vi. .....