Judgment Search Results Home > Cases Phrase: court fees act 1870 section 5 procedure in case of differences as to necessity or amount of fees Page 1 of about 941 results (2.143 seconds)

Shyam Singh and ors. Vs. Meerut Mandal Vikas Nigam and ors.

Court : Allahabad

Reported in : AIR1998All127

..... course of the hearing of the appeal, serious doubt about maintainability of the appeal was noticed in view of the provisions contained in section 5 of the court-fees act, 1870. on this question also, we heard learned counsel for the appellants and learned standing counsel. learned counsel for the appellants placed reliance in the order of ..... and the provisions contained in rules 4, 5 and 6 of ch. xi of the rules of court it is clear that the court-fee is paid on the documents filed in this court under the provisions of the court-fees act, 1870, section 4 provides that no document of any of the kinds specified in the first or second schedule ..... viii of the rules of the court provides that the court-fee to be paid in cases coming up before the court shall be under the provisions of section 4 of the court-fees act, 1870, hereinafter referred to as 'act'. rule 40 is being reproduced below :-- 'court-fees shall be payable in cases coming before the court in the exercise of its ordinary original .....

Track Parts of India Mazdoor Sabha Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2005(1)AWC16; 2005(1)ESC21

..... counsel for the parties, following questions arise for decision in the present case:(i) whether the order of taxing officer passed under section 5 of the court fees act, 1870 can be challenged only by a reference before the judge nominated by hon'ble the chief justice or judicial review of the said order is also permissible ..... of jurisdiction conferred on taxing officer by section 5 of the court fees act, 1870. the contention is that decision of the taxing officer being not in accordance with law, this court in exercise of its jurisdiction under article 226 of the constitution may quash the report, hold the court fees already paid in the writ petition as sufficient and entertain ..... the order of the taxing officer. a prayer was also made for directing the taxing officer to refer the question of deficiency in the court fee to the court under section 5 of the court fees act. the observation made by the full bench in paragraph 16 of the said judgment is to the effect that any opinion rendered by .....

T.S. Swaminatha Aiyar and ors. Vs. M. Guruswami Mudaliar and ors.

Court : Chennai

Reported in : AIR1927Mad940; (1927)53MLJ457

..... for litigation over the payment.6. in balkaran rai v. gobind nath tiwari ilr (1890) 129 it was held that a decision under s.5 of the act, that is the court-fees act, 1870, is not open to appeal, revision or review and is final for all purposes and no means have been provided or suggested by the legislature for questioning it. ..... not take the case out of the purview of article 17, clause (vi) of the second schedule of the court-fees act, and render the plaintiffs liable to pay an ad valorem fee on that part of their plaint. under schedule ii of the court-fees act, 1870, article 17, sub-clause (vi) for every suit where it is not possible to estimate at a money ..... value, the subject-matter in dispute and which is not otherwise provided for by that act, a fee of rs. 10 was leviable and the court held that that was a suit within that article .....

In Re: Bhubaneswar Trigunait

Court : Kolkata

Reported in : (1925)ILR52Cal871

..... the applicants on the 21st january 1925, obtained a certificate from mr. maurice remfry as taxing officer within the meaning of section 5 of the court fees act, 1870, to the effect that 'the fee prescribed by article 11 of schedule i is not payable in this case it appearing from the affidavit that the property mentioned therein was held by ..... argued the matter on its merits. upon fuller consideration it appears to me that one of the main objects of section 5 and of other provisions of the court fees act is to obviate the necessity of an appearance by the revenue authorities prior to the issue of a grant.10. several questions of difficulty and importance arise upon ..... think that, unless the question was raised before the taxing officer and unless he brought his mind to bear on the question and decided it, section 5 of the court fees act had no application'. speaking for myself, i entirely agree with the test laid down in the last sentence which i have cited from the judgment, bat i entirely .....

Jadunandan Prasad Vs. General Manager, North Eastern Railway, Gorakhpu ...

Court : Allahabad

Reported in : AIR1960All179

..... purpose of this rule is said to be, at least the standing counsel has so claimed, that the provisions or section 4 of the court-fees act, 1870 applicable to proceedings held in this court in the exercise of its ordinary original civil jurisdiction, as also to appeals from judgments passed by it in the exercise of its aforementioned ..... following provisions of the court fees act, 1870 and to the rules of court is necessary.3. chapter ii of the court fees act relates to fees chargeable in the high court. section 3, which is in the same chapter, contains provision, firstly, for fees to be paid to the clerks and officers of the high court and also for fees to be charged in certain ..... hearing petitions under article 226 of the constitution is extraordinary original jurisdiction in the sense that expression has been used in section 4 of the court-fees act 1870. the expression 'extraordinary original jurisdiction' found in this section has been used as explained above and not in the sense in which it .....

In Re: Bhubaneswar Trigunait and ors.

Court : Kolkata

Reported in : 95Ind.Cas.529

..... 1925, the applicants on the 21st january 1925 obtained a certificate from mr. maurice remfry as taxing officer within the meaning of section 5 of the court fees act, 1870, to the effect that 'the fee prescribed by article 11 of sch. i is not payable in this case, it appearing from the affidavit that the property mentioned therein was held by ..... argued the matter on its merits. upon fuller consideration it appears to me that one of the main objects of section 5 and of other provisions of the court fees act is to obviate the necessity of an appearance by the revenue authorities prior to the issue of a grant.12. several questions of difficulty and importance arise upon ..... that, unless the question was raised before the taxing officer and unless he brought his mind to bear on the question and decided it, section 5 of the court fees act had no application.' speaking for myself i entirely agree with the test laid down in the last sentence which i have cited from the judgment, but i entirely .....

In Re: Bhubaneswur Trigunait and ors.

Court : Kolkata

Reported in : AIR1925Cal1201

..... the applicants, on the 21st january 1925, obtained a certificate from mr. maurice remfry, as taxing officer, within the meaning of section 5 of the court-fees act, 1870, to the effect that ' the fee prescribed by article 11 of schedule i is not payable in this case, it appearing from the affidavit that; the property mentioned therein was held by ..... argued the matter on its merits. upon fuller consideration it appears to me that one of the main objects of section 5, and of other provisions of the court-fees act, is to obviate the necessity of an appearance by the revenue authorities prior to the issue of a grant.12. several questions of difficulty and importance arise upon ..... that unless the question was raised before the taxing officer, and unless he brought his mind to bear on the question and decided it, section 5 of the court fees act had no application.' speaking for myself 1 entirely agree with the best laid down in the last sentence which i have cited from the judgment, but i entirely .....

Vengammal and anr. Vs. Ramachandran (Minor) by Mother Jayalakshmi Amma ...

Court : Chennai

Reported in : AIR1971Mad490; (1971)2MLJ280

..... issue a certificate to the party setting out the circumstances under which the court-fee stamps paid by him were not utilised by the court, thus leaving it to him to apply to the government and obtain a refund if ..... the court-fee is paid in cases, where such court-fee would be proper fee if those proceedings were held to be properly laid.' they went on to refer to the case in : air1950mad629 and : (1958)1mlj183 , where it was held that even in cases which were not covered by sections 13 to 15 of the court-fees act, 1870, the court could ..... abdur rahman, jj.) after observing that sections 13, 14 and 15 of the court fees act of 1870 did not apply, posed the question-'then the question arises, has the court power to direct a refund of court-fee; independent of the express provisions of the court-fee act the courts have gone to the extent of holding that they can order a refund under .....

M/S Vinyl Chemicals (India) Ltd Vs. National Insurance Co Ltd

Court : Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai

..... discharged and the respondent /insurance company was intimated only first on 31/08/2006 claiming the loss of rs. 20,871/- (inclusive of rs. 11,224/- fees of surveyor). on receiving the intimation of claim, respondent/insurance company appointed authorized surveyor. authorized surveyor did not find any material i.e. chemical on the site ..... knowledge of the respondent/ insurance company and disposal (discharge) of the entire chemical prior to visit of the authorized surveyor of the respondent /insurance company is an act inconsistent with the provisions of the law. in view of this we do not find any merit in the appeal and, therefore, the impugned order passed by ..... knowledge of the respondent/ insurance company and disposal (discharge) of the entire chemical prior to visit of the authorized surveyor of the respondent /insurance company is an act inconsistent with the provisions of the law. in view of this we do not find any merit in the appeal and, therefore, the impugned order passed by .....

Yamunabai Govindrao Mahajan and anr. Vs. Nagpur Improvement Trust, Nag ...

Court : Mumbai

Reported in : AIR1977Bom405

..... were made. the reference application in each case was required to bear the court-fee stamp as provided for by bombay court-fees act, 1959, calculating the court-fees as per article 15 of schedule i of the bombay court-fees act. without prejudice to the petitioners' claim that no court-fee is payable because the provision seeking levy was unconstitutional, the petitioners have ..... of the question' on the basis and assumption that article 31(2) is applicable- to the provisions of the land acquisition act, 1894, as the levy of court-fee collected was under the bombay court-fees act, 1959. in this we make it clear that we are not applying the saving indicated by article 31(5) of the ..... law providing for the manner of determining the compensation in terms of article 31(2), would be unconstitutional. it is further submitted that article of the court-fees act has no relation nor has any nexus with the cost of administration of justice, because, it is recovered at the time when the application is made .....