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 86 of about 941 results (0.477 seconds)

P.M. Ashwathanarayana Setty and ors. Vs. State of Karnataka and ors.

Court : Supreme Court of India

Reported in : AIR1989SC100; JT1988(4)SC640; 1988(2)SCALE844; 1989Supp(1)SCC696; [1988]Supp3SCR155

..... are also prescribed.we may, briefly, trace the course of development of the law as to court-fee in rajasthan. the rajasthan ordinance 9 of 1950, adapted and extended to the territories of rajasthan, with effect from 1.3.1950, the court fees act, 1870 (central act, 1870). the provisions of the central act, as adapted and extended to rajasthan, were amended from time to time till 1.11 ..... .1961 when the present 'rajasthan act' was enacted and promulgated. prior to 1.11.1961, as the law then stood, the levy of .....

Sri Ratnavaramaraja Vs. Smt. Vimla

Court : Supreme Court of India

Reported in : AIR1961SC1299; [1961]3SCR1015

..... question. our attention has not been invited to any provision of the madras court-fees act or any other statute which enables the defendant to move the high court in revision against the decision of the court of first instance on the matter of court-fee payable on a plaint. the act, it is true by s. 19, provides that for the purpose of ..... to put forth their contentions and to lead evidence in that behalf. against that order of the high court, this appeal has been preferred by the defendant with special leave under art. 136 of the constitution. 2. the court-fees act was enacted to collect revenue for the benefit of the state and not to arm a contesting party with ..... wrongfully possessed himself of those properties. the plaintiff valued the properties in schs. c and d under s. 28 of the madras court-fees and suits valuation act, 1955 at rs. 21,000/- and paid a court-fee of rs. 275/-. she valued the lands in schedule a for purposes of jurisdiction at 30 times the assessment and separately valued .....

Federal Bank Limited Vs. Sri. John Thomas and anr.

Court : Kerala

Reported in : AIR2006Ker86; II(2006)BC411; [2006]132CompCas855(Ker)

..... this contention stating that in so far as there is no express provision either in the act or rules requiring payment of court fee on counter claim, it is not for the court to supply the omissions in the statute and recover court fee. both counsel have cited before us several decisions in support of their arguments, which we ..... petition.7. the next contention of the counsel for the appellant is that even without any specific provision for payment of court fee on counter claim the provisions in the act themselves make it abundantly clear that court fee is in fact payable on counter claim also as in the case of application under section 19(1) of the ..... vested right but only a procedural right. rule 7 amending the provision for payment of court fee on counter claim is retrospective in nature and therefore, for all counter claims filed subsequent to the introduction of section 19(8) of the act, court fee as provided under the amended rule 7 is payable.4. while countering these contentions, .....

Sohan Lal Vs. Ram Dayal and anr.

Court : Rajasthan

Reported in : 1977WLN549

..... though a notice ejectment is served on, a tenant, he, does not seize to be a tenant holding over for the purpose of section 7(xi)(cc) of the court fees act as the cause of action accrues on the date on which, the tenant refuse to quit in compliance with the notice.6. no other point has been pressed before me ..... which has been argued before me in this appeal is that the suit is not governed by sub section (2) of section 41 of the act and the plaintiffs were required to pay ad valorem court fees on the market value of the shop. the said section is reproduced below for facility of reference:section 41 suits between landlord and tenant (1 ..... market value of the suit permises. i may pause to mention here that the plaintiffs paid court fees under sub section (2) of section 41 of the rajasthan court fees and suit valuation act (hereinafter referred to as the act,) on the basis of annual rent. both the courts below decreed the suit for eviction as well as rent and damages holding that the valuation of .....

George Thomas Vs. Smt. Srividya and the Tax Recovery Officer Iv(1)

Court : Chennai

Reported in : AIR2003Mad290; 2003(1)CTC705; (2003)1MLJ823

..... same in the appeal. for the said proposition, learned senior counsel relied upon the judgment of the supreme court reported in sri rathnavarmaraja ..vs.. smt. vimala : the supreme court in the said judgment has held as follows:-'the court fees act was enacted to collect revenue for the benefit of the state and not to arm a contesting party with ..... our attention has not been invited to any provision of the madras court fees act or any other statute which enables the defendant to move the high court in revision against the decision of the court of first instance on the matter of court fee payable in a plaint. the act, it is true by section 19 provides that for the purpose of ..... is decreed in favour of the plaintiff with a direction to the plaintiff to value the relief under section 30 of the tamil nadu court fees and suits valuation act, 1955, and pay the deficit court fee within a period of six weeks from today. insofar as the claim of damages, no arguments were advanced by the learned counsel .....

In Re: Mrs. Constance Lubeck

Court : Chennai

Reported in : [1970]78ITR199(Mad)

..... under the provisions of section 53 of the court-fees and suits valuation act.' 9. sub-section (2) of section 53 of the mysore court-fees act corresponds to sub-section (2) of section 56 of the madras court-fees act. this provision lays down that for the purpose of computation of the fee, the value of the items mentioned in annexure ..... out of the estate of the deceased. 8. the mysore high court was dealing with similar provisions of the mysore court-fees and suits valuation act, 1958. sections 52 and 53 that act correspond, word for word, to sections 55 and 56 of the madras act. the mysore court-fees act also contains schedule iii consisting of part i with annexures 'a' ..... decision the appeal was taken, took the view that in the computation of the court-fee, the estate duty and paid by the petitioner should be taken into consideration. after referring to sections 52 and 53 of the mysore court fees act and the relevant portion of schedule iii containing the affidavit, the bench consisting of .....

(Koppaka) Brahmanandam Vs. Secy. of State

Court : Chennai

Reported in : AIR1930Mad45

..... to me to be clear that the extra amount of compensation claimed by the appellant in an appeal should under section 8, court-fees act, include also the 15 per cent of the market value and that he should pay court-fees on the total amount including the 15 per cent. he cannot, it seems to me, value his appeal only at the ..... amount of compensation to be awarded is determined by the considerations mentioned in clauses 1 to 11 of the section and that in construing section 8, court-fees act, the expression 'the amount awarded' should be taken to cover only the amount awarded having regard to the considerations mentioned in clauses 1 to 6 only of section ..... in the decision of the present question. the privy council had not to decide any question as to the proper amount of court-fee payable in a land acquisition appeal. the decision itself was passed under the provisions of the land acquisition act (10 of 1870).9. the learned government pleader drew my attention to sections 11, 13 and 24 of the old .....

Janakdeary Sukul Vs. Janki Koer and ors.

Court : Kolkata

Reported in : (1901)ILR28Cal427

..... case before the privy council was decided with reference to the former procedure code, and to what was supposed to be the practice in india relating to the payment of court fees; but, as has been pointed out in the judgment of the learned chief justice, these two points of distinction are not really material points of distinction at all. ..... so far from being a sufferer by that change, is benefited, as both parties will go on with the litigation on equal terms. is there, then, anything in the act which requires that in such a state of things the petition of plaint shall be rejected altogether, and the plaintiff he compelled to commence de novo? their lordships do not ..... it is quite true that under the former code of civil procedure act viii of 1859 as well as the present, where an application for leave to sue as a pauper is rejected, and the applicant institutes a suit in the ordinary .....

Srimati Charusila Dasi Vs. Abhilas Bauri and ors.

Court : Kolkata

Reported in : 168Ind.Cas.203

..... notification under sections 35, court fees act, the court-fee payable for a suit under sections 106 is exactly the same as for trial of issues specified in sections 105-a in a proceeding under sections 105. this ..... decision of the revenue officer determining questions specified in sections 105-a. for such appeals memorandum of appeals within the meaning of article 1, schedule i, court fees act, are required and the court-fees payable on such memorandums are ad valorem on the value of the subject-matter of dispute in appeal subject to a maximum of rs. 20.8. the ..... (a) a stamp of 12 annas for each tenancy which is the subject-matter of an application under section 105 : (b) an ad valorem fee chargeable under article 1, sch, 1, court fees act subject to a maximum of rs. 20 in addition to the stamp of 12 annas for adjudication of issues mentioned in sections 105-a. by the .....

Kotha Sailaja Vs. Sri Thandu Yadagiri and 6 ors

Court : Andhra Pradesh

..... thus, suffers from a patent error. with respect to non-payment of court fee, the same position with respect to limitation act also will apply. irrespective of whether any objection is raised by the party or not, it is the duty of the court to examine whether proper court fee is paid or not. from the additional issues, which are proposed by ..... the case of defendant no.7 that, for invalidation of the sale deed, separate court fee has to be paid under section 37 of the a.p.suits valuation act and that respondent no.1 has not paid proper court fee. as regards the observation of the court below that, no plea regarding limitation has been raised, section 3 of the limitation ..... act, 1963, envisages that subject to the provisions of sections 4 to 24, every suit .....