Court : Rajasthan
Reported in : AIR1964Raj202
..... utmost deference, we cannot but point out that when they further observed that they were doubtful whether such an order would fall under schedule 2 article 11 of the court-fees act, they seem to have said so by sheer inadvertence and we are not quite able to follow them.once it is held that an order like the one with ..... -part thereof in them. that being so, the question must fall to be governed by the provisions of the rajasthan court fees act (adaptation) ordinance, 1950 (ordinance no. ix of 1950, hereinafter called the court fees act) read with the provisions of the act with which we are concerned in so far as they have a bearing on the point raised before us.4. the ..... which we are concerned neither amounts to a decree nor to an order having the force of a decree, and, therefore, does not fall for purposes of court-fee under article 1 of schedule 1 of the court-fees act, then the conclusion seems to us to be clear and indeed inevitable that such an order must fall for purposes of .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2006Raj156; RLW2006(3)Raj1858; 2006(2)WLC431
..... v. mohkam chand and ors. allowed the application dated 15.3.2004 moved under sections 11, 18, 24, 29 & 38 of the rajasthan court fees and suit valuation act, 1961 (for short 'the act') read with order 7 rule 11 of the code of civil procedure and the plaintiff was directed to deposit rs. 7,00,000/- lakhs and ..... rates meant for registration of the property and directed the plaintiff to deposit proper court fee.6. learned counsel for the petitioner referred section 11 of the act which reads as under:11. decision as to proper fee-(1) in every suit instituted in any court, the court shall, before ordering the plaint to be registered, decide on the materials and ..... case of gangaram v. phulia reported in rlw 1966 vol. 17 page 135 wherein this court has held that the learned munsif clearly erred in doing so. section 11 of the act provides that a decision with regard to whether the court fee paid was sufficient should be recorded before proceeding further with the case. it further provides that .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1958Raj144
..... provision that the defendant-appellant shall be bound by the value put by the plaintiff on his suit. at the time the said provision was incorporated in the court-fees act no appeal lay against a preliminary decree and as such there was no occasion for the legislature to provide for valuation of a memorandum of appeal by a ..... to put his own valuation on the memorandum of appeal, and that there is no provision in the court-fees act requiring him to pay court-fee on the amount of the valuation of the suit put by the plaintiffs in the lower court.3. as the matter related to government revenues notice was given to the government advocate who appeared before ..... the court and supported the report of the stamp reporter.4. court-fee on the memorandum of appeal is to be computed in accordance with the provision of schedule i item 1 to the cour-fees act on the valuation of the memorandum of appeal. the valuation of the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1986(1)WLN142
..... market value of the property. in these circumstances, it clearly appears that the learned district judge wholly erroneously came to the conclusion that under section 31 of the court fees act, the suit has to be valued on the amount which the plaintiff wants to avoid. as already stated above, the plaintiff does not want to avoid the ..... here he cannot be said to be avoiding or wanting to avoid any amount of the consideration for sale and, therefore, he may not pay any court fee according to section 31 of the act. such a situation cannot be envisaged.8. that being so, in the present suit, the plaintiff had valued the suit, at rs. 12,000 ..... the district judge, udaipur. the defendants raised an objection about the pecuniary jurisdiction of the court. they moved an application under section 31 of the rajasthan court fees and suits valuation act, 1961 (here in after called 'the act') alleging that the plaintiff has alleged that the sale price of rs. 20,000/- was fictitious and the real price was .....
Tag this Judgment!Court : Rajasthan
Reported in : 2007(1)WLN122
..... the liability under award and court fees is payable on the difference between and the amount awarded by the ..... that section 8 of the madhya pradesh under consideration before the supreme court in the case of indore development authority v. tarak singh and ors. is also pari materia with section 8 of the court fees act, 1870 and section 46 of the rajasthan court fees & suits valuation act, 1961. in view of the above the court fees is payable even in cases where the appellant is seeking to avoid .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1981Raj239; 1980()WLN622
..... whole definitely inclined tothe view that the plaintiff has an unfettered option to value his suit under section 7(iv)(c) of the court-fees act for the purposes of court-fees, and that it is not open to the courts to disturb such valuation, except in cases where the same may be found to be contrary to the rules made by the ..... is ad valorem on the value of the substantive relief of injunction. this case does not help the case of the non-petitioner because court-fee in a suit for injunction under section 26 of the act is to be paid on the amount at which, relief is valued.5. in padarath tewari v. dulhin tapesha kueri (air 1932 all ..... nave been paid accordingly. learned additional district judge held that the suitwas governed by section 38 of the rajasthan court-fees and suits valuation act, 1961 and, therefore, the petitioner should have valued the suit at rupees 1,39,660/- and paid the court-fees accordingly. 3. i have heard the learned counsel for the parties, and perused the record of the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1979Raj205
..... ignored by considering it as a mere prayer for injunction. a somewhat similar question was raised in satishkumar's case. section 7(v) of the court-fees act, 1870 came up for consideration in that case. it was held in that case that where a person claims possession of certain premises from a licensee whose ..... suit for declaration and consequential relief at rs. 300/- for the purposes of court-fees and jurisdiction, must be accepted to be perfectly proper, being in accordance with section 7(iv) of the court-fees act, 1870 and it is the valuation for court-fees which must govern the valuation for purposes of jurisdiction under section 6 of the ..... rupees twenty'. it will also be useful to refer to the provisions of section 7(v) of the court fees act, 1870: '7. computation of fees payable in certain suits. -- the amount of fee payable under this act in the suits next hereinafter mentioned shall be computed as follows : .......................... (v) in suits for the possession of land, houses, .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(2)Raj1426
..... to the said community had locus standi to file the present suit which deserved to be tried on merits. they further submitted that the issue relating to the court fee and jurisdiction could not be gone into for the purpose of order 7 rule 11 c.p.c. and only after framing the relevant issues, the ..... suit is to dispossess the tenant put in possession through resolution of general body, the court can always lift such veil and see real purpose of filing of suit. section 18 of ..... ancillary thereto' used in section 18 of the rajasthan rent control act, 2001. if this was not so, any disgruntled member of the society can upset such established relationship of landlord and the tenant by filing a suit without claiming any relief of possession and thus avoiding payment of court fee ad - velorum if the main but hidden purpose of filing of .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2007(4)Raj3297
..... to discharge the accused.(3) that in exercising his jurisdiction under section 227 of the code of judge which under the present code is a senior and experienced court cannot act merely as a post office or a mouthpiece of the prosecution, but has to consider the broad probabilities of the case, the total effect of the evidence ..... which is essentially a matter for trial. while exercising jurisdiction under section 482 crpc, it is not permissible for the court to act as if it was a trial court. even when charge is framed at that stage, the court has to only prima facie be satisfied about the existence of sufficient ground for proceeding against the accused. for that ..... cannot convert itself into a trial court and cannot meticulously examine the evidence to pronounce the guilt or innocence of the petitioners.20. as far as mr. bajawa's first contention is concerned, prima facie it is true that the deceased has not alleged that smt. kusum lata had committed any overt act to cause his death. however, .....
Tag this Judgment!Court : Rajasthan
Reported in : 1985(1)WLN32
..... in the case of a judgment relating to a decree, passed in the exercise of appellate jurisdiction, ad valorem court fee is not payable then under section 47 of the act court fee which was paid in the court of first instance should be payable on the memorandum of special appeal.8. in the present case, appeals have ..... government advocate submitted that ad valorem court fee was payable on the appeals in accordance with the decision of the division bench ..... the contention of the learned counsel for the appellant is that court fee is payable on these appeals iup accordance with the provisions of article 3(iii)(2)(a) of schedule ii of the rajasthan court fees and suits valuation act, 1961 (act no. xxiii of 1961) (for short 'the act' hereinafter).3. mr. r.c. maheshwari, learned additional .....
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