Judgment Search Results Home > Cases Phrase: court fees act 1870 schedule i first schedule Page 11 of about 2,391 results (0.118 seconds)

Trikaderi Manekal Vasudevan Adiserpad and ors. Vs. thekkumparambath Ma ...

Court : Chennai

Reported in : 148Ind.Cas.1155

..... section 73 are not made too cheap like the suits under the court fees amendment act of 19:2 or under the court fees act, vii of 1870, where the notional valuation given by the plaintiff may be very ..... the first or second schedule to the madras court fees amendment act, 1922.15 ..... section 8l and schedule ii was to raise the court-fee from rs. 15 ..... by section 81 and schedule ii which permit a suit under section 73 to be filed with a court-fee of rs. ..... the court fees act a prayer for accounting may be tentatively valued by the plaintiff vide section 7, clause (iv) of the court fees act (vii of 1870) it may be that the court fees amendment act of 1922 allowed all suits for accounts and damages to be filed with a court-fee of ..... the manner in which it has come to be framed and taken with the provisions relating to court-fees, is confined to cases in which the main relief falls under any of the clauses (a), (b), (c), and (d) covers relief only incidental to or ejusdem generis with the main reliefs and it is because it is to be confined to suits of such a simplified nature that the court-fee is made definite and limited to rs.50. ..... there have been no decisions about arrears, no suits to recover arrears, no suits in redemption and no writing off.paragraph 73:i think that the 1st defendant and his supporters acted in the interests of the dexaswam in putting an end to nedungadi kariastanship and i think it would be unreasonable to blame them because nedungadi did not then render accounts or make over .....

P.A. Sundara Aiyar Vs. the Board of Commissioners for Hindu Religious ...

Court : Chennai

Reported in : (1929)56MLJ373

..... learned government pleader referred to certain considerations such as the scheme of the religious endowments act, of the scheme of the court fees act, of the history of articles 17, 17-a and 17-b as compared with the old article 17 of the court fees act of 1870. ..... coming to article 17, all that we have got to do is to take the court-fee mentioned in that article and accept it as the court-fee for an application under section 84 (2) of the religious endowments act, for the schedule to the religious endowments act does not require us to apply article 17 of the madras court fees amendment act, but only requires us to take the court-fee mentioned there and use that as the court-fee for the application in question. ..... under schedule 11 of the said act the court-fee on an application to modify or set aside the decision of the board of commissioners for hindu religious endowments under section 84 (1) of the act is the court-fee leviable on a plaint under article 17, schedule ii of the madras court fees amendment act, 1922 ..... as a matter of fact, we find none of the descriptions in the first column of articles 17, 17-a and 17-b is applicable to the application in question, because all these three articles deal with a plaint or a memorandum of appeal, whereas we have got to do with an application and there is no section in the religious endowments act saying that an application should be number-ed as a suit as we find in the second schedule to the civil procedure code relating to arbitration. .....

P.K. Palanisamy Vs. N. Arumugham and anr.

Court : Supreme Court of India

Reported in : 2010(1)AWC498(SC); JT2009(10)SC79; 2010(2)MhLJ84(SC); (2009)8MLJ123(SC); 2009(10)SCALE79; (2009)9SCC173

..... . in our opinion section 149 will cure the defect as from the date when the memorandum of appeal was filed alike for the purpose of limitation act and the court fees act and the appeal must be treated as one pending on 9th november 1962 and as such unaffected by section 3 of the u.p ..... aspects of the matter are required to be considered.once an application under section 149 is allowed, order vii rule 11(c) of code will have no application.it is for that additional reason, the orders extending the time to deposit deficit court fee should have been challenged.filing of an application for rejection of plaint in a case of this nature as also having regard to the events which have taken place subsequent to registration of the suit appears to us to be mala fide.if the learned ..... extraordinary jurisdiction: 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 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;in their appellate jurisdiction; -- or in the exercise of its jurisdiction as regards appeals from the judgments (other than judgments passed in ..... section 4 of the court fees' act, 1870 mandates the same in the following terms:4. .....

Ankur Mutreja vs.bses Yamuna Power Limited (Bypl) & Anr.

Court : Delhi

..... section 4 of the court fees act creates an obligation that the fees prescribed in the first and second schedule of the act ought to be mandatorily paid before a plaint or any documents can be proceeded with. ..... ******* court fees act, 1870 4. ..... the decisions bearing on the point, there can in our opinion, be no doubt that section 4 of the court fees act is not the last word on the subject and the court lpa-14/2018 page 9 of 10 must consider the provisions of both the act and the code to harmonise the two sets of provisions which can only be done by reading section 149 as a proviso to section 4 of the court fees act by allowing the deficiency to be made good within a period of time fixed by it. 17. it is clear from a ..... perusal of the provisions in question and the decisions cited above that the court is not empowered to exempt a party from paying court fees, except for the situation envisaged in order ..... in examining whether the court has such a power, it would also be wise to examine the scope of sections 94, 149, and order vii rule 11 of the cpc, and section 4 of the court fees act, 1870. .....

NaraIn Singh Vs. Sher Singh and ors.

Court : Punjab and Haryana

Reported in : AIR1974P& H185

..... 31,125/- and, consequently, the case was covered by section 7(iv)(c) of the court-fees act, 1870, hereinafter called the act. ..... balwinder singh, (1971) 73 pun lr 716(fb), to which i was also a party and where it was held that in cases, which were covered by section 7(iv)(c) of the act, court-fee had to be paid at ten times the land revenue assessed on the land and not at 30 times. 8. ..... after referring to a number of authorities, the learned trial judge came to the conclusion that the case was covered by section 7(iv)(c) of the act and the plaintiff had to pay ad valorem court-fee on the value of the subject-matter involved in the gift-deed. ..... as provided in the second proviso to section 7(iv) of the act, the valuation for the purposes of court-fee had to be assessed according to section 7(v) of the act and the same, according to the learned counsel had to be ten times the land revenue if the said land was permanently assessed to land revenue as, admittedly, was the position in the instant case. 7. ..... according to them the suit was not for a simple declaration that the plaintiff was not bound by the impugned gift-deed and therefore, he could not levy a fixed court-fee under article 17(iii) schedule ii of the act. 5. ..... after the parties had led evidence on all the issues framed in the case, the counsel for the parties agreed that the issue regarding court-fee and jurisdiction might be decided in the first instance. 4. .....

Central India Tobacco Products Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1987)(11)LC522Tri(Delhi)

..... therefore, the general provisions of the court fees act applies and the appellant is required to pay a fixed court fees stamp as per the schedule attached to the court fees act, 1870 and it appears that keeping in view the said schedule it was provided in the preamble of the order-in-original that the appeal should bear a court fees stamp of rs. 4/-. ..... appeal straightaway without the return of the same or without requiring the appellants to remove the deficiency, on the ground that the appeal did not bear the requisite court fees.even in the civil courts where the plaint is written upon paper insufficiently stamped, the court is bound to give the plaintiff time to make good the deficiency and it is only when the plaintiff fails to supply the requisite stamp-paper within the period fixed ..... after all the court fees act was passed not to arm a litigant with a weapon of technicalities against his opponent but to secure revenue for the benefit of the state. ..... in other words, in the absence of any prohibition in the central excises & salt act, 1944, the substantial right of appeal cannot be snatched, away so lightly merely because at the first instance the requisite court fees was not paid. ..... it was the duty of the collector (appeals) first to decide that request contained in the said letter dated 6-12-1983 after hearing the appellants before taking any final decision in the appeals. .....

Shri Om Prakash Gupta Vs. the United Provinces

Court : Allahabad

Reported in : AIR1951All205

..... section 6(1), court-fees act is::'except in courts hereinbefore mentioned, no document of any kinds specified as chargeable in the first or second schedules to this act annexed shall be filed, exhibited, or recorded in any court of justice, or shall be received 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 by either of the said schedules as the proper fee for such document:provided ..........provided......... ..... is not to receive any document which is not properly stamped with the necessary court-fee as laid down in the first or second schedule of this act. ..... is asked to refund court-fees in the exercise of its inherent powers, as the various provisions in the court-fees act for the refund of court-fees do not cover the present case.67 ..... has inherent power to order refund of court-fees in suitable cases though not covered by the provisions of the court-fees act, i am of opinion that the present case is not a fit one for refund of court-fees.78. ..... have, however, held that they possess inherent power to order refund of court-fees in cases not covered by the various provisions for the refund of court-fees in the court-fees act. ..... the court-fees act contains provisions for the refund of court-fee in certain ..... it is conceded that there is no provision in the court-fees act under which the refund can be ordered. ..... the court-fee is paid in view of the provisions of the court-fees act (act vii [7] of 1870). .....

Pishori Lal Bhatia Vs. Subhash Chander Narang (Dead) Through Lrs.

Court : Punjab and Haryana

Reported in : (2004)136PLR219

..... section 4 of the courts fee act, 1870 (for brevity, 'the act') makes it mandatory that court fee has to be paid on all the documents specified in first arid second schedule of this act. ..... extraordinary jurisdiction:- no documents of any of the kinds specified in the first or second schedule to this act annexed, as chargeable with fee, 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 it extraordinary original criminal jurisdiction;in their appellant jurisdiction:- or in the exercise of its jurisdiction as regards appeals from the [judgments (other than judgments passed in the ..... deficiency cures the defect in the memorandum not from the time when it is made but from the time when it was first presented in court.in our view in considering the question as to the maintainability of an appeal when the court-fee paid as insufficient to start with but the deficiency is made good later on the provisions of the court fees act and the code of civil procedure have to be read together to form a harmonious whole and no effort should be made to give precedence to provisions .....

Satyakripal Banerji Vs. Satyabikash Banerji

Court : Kolkata

Reported in : AIR1930Cal631,129Ind.Cas.191

..... is now contended that the learned subordinate judge was in error in construing article 4, schedule 1, court-fees act, act 7 of 1870. ..... learned subordinate judge, after hearing the parties, held that the court-fees on the petition were leviable on the value of the entire claim in suit, and not on the value of the relief sought for in the review proceedings, and he directed the petitioner to pay the full court-fees as on the original plaint within a certain time. ..... it was pointed out thatfor the purpose of ascertainment of the court-fee payable on the application for review the application relates back to the plaint or memorandum of appeal as the case may be : the amount is levied in a fixed proportion, independent of the scope of the application for ..... 10,000 and paying court-fees of the value of ..... 41 of 1907 was instituted in the first court of the subordinate judge at alipur, the reliefs claimed being partition and accounts and the value of the suit being ..... suit was preliminarily decreed by the learned subordinate judge on 24th july 1908 and by the high court in appeal on 17th august 1909. ..... am confirmed in this view by the reported decisions of the calcutta and allahabad high courts : nobin chundra chuakerbutty v. ..... the petitioner at first sought for extension of ..... hearing fee three gold mohurs.bose, ..... this point was not overlooked in the decisions of that calcutta and the allahabad high courts. ..... hardship is almost entirely mitigated in deserving cases by the provisions in section 15 of the act. .....

Ghousia Begum Vs. the Union Territory of Pondicherry

Court : Chennai

Reported in : AIR1975Mad345

..... who filed his suit or proceeding after 24-5-1968, to continue to pay the stamp duty and court-fees which were payable on documents and in respect of suits and other proceedings in pondicherry prior to 24-5-1968 ignoring the provisions of the indian stamp act and the court fees act which have been made applicable to pondicherry having regard to section 4(2)(d) and the proviso. ..... then in force are preserved to the parties thereto till the rest of the career of the suit;(iv) the right of appeal is a vested right and such a right to enter the superior court accrues to the litigant and exists as on and from the date the lis commences and although it may be actually exercised when the adverse judgment is pronounced such right is to be governed by ..... penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this act had not been passed:provided that anything done pr any action taken (including any appointment or delegation made, notification, instruction or direction issued, form, bye-law or scheme framed, certificate obtained, permit ..... expression 'state' means the states specified in the first schedule".article 368 lays down how an amendment of the ..... the indian stamp act, 1899, as it was in force in the state of madras on the 1st day of august, 1966 with certain modifications, and the court pees act, 1870 as it was in force in the union .....