Court : Delhi
Reported in : II(2003)ACC114; 2003ACJ1631; 2003IIIAD(Delhi)321; 104(2003)DLT234; 2003(68)DRJ128; 2003RLR333
..... board. 41. the contention of mr.tulsi, insofar as the quantum of damages is concerned, is that the quantum of damages to be awarded by the court depends upon the nature of wrongful act in the overall fact situation of the case. it is his submission that the respondents not only owed a duty of care but were also under a ..... anguish over the incident. the high court obviously considered the overall situation as regards social placements of the students. as stated hereinafter the school presently is one of the affluent school in the country and fee structure and other incidentals are so high that it would be a well nigh impossibility to think of admission in the school at even ..... the upper middle class level. obviously the school caters to the need of upper strata of the society and if the 2nd schedule of motor vehicles act, can be termed to .....
Tag this Judgment!Court : Kerala
Reported in : AIR2005Ker166; 2005(1)KLT995
..... the appeal.9. the only question to be considered is whether defendants 3 to 9 can take shelter under explanation (4) to section 52 of the court fees act without seeking any relief in the suit either against the plaintiffs or against defendants 1 and 2 and thereby defeat the decree obtained by the plaintiffs against ..... 20 lakhs worth only of plaint scheduleproperty rs. 20,00,000/-court fee for the same rs. 1,23,300/-1/3 court fee paid rs. 41,000/-(court fee paid under section 52 together with second proviso and explanation (4) of the said section of the court fees act.)preliminary objection was raised by the counsel appearing for the plaintiffs who ..... for specific performance. plaintiffs have valued the suit under section 42 of the court fees act, as follows:valuation for the purpose of court feeand jurisdiction for relief (a) rs. 75,00,000/-(no court fee is chargeable for the alternative reliefs (b) and (c).court fee to be paid under section 42, schedule article of the kerala courtfees and .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1982P& H152
..... under this act on a memorandum of appeal against an order relating to compensation unde any act for the time being in force for the public purposes, shall be computed according to the difference between ..... bombay court-fees act 1959 which had fallen for interpretation in the bombay high court and later before their lordships of the supreme court ad well, and those of section 8 of the court-fees act, 1870, are in pari materia and it is, therefore, apt to juxtapose them against each other:--(see table below)s. 8 of the court-fees act. 1870 s. 7(1) of the bombay court-fees act.'the amount of fee payable .....
Tag this Judgment!Court : Delhi
Reported in : 1998RLR353
..... code of civil procedure; value for the purpose (a) as determined by theof court fee court fees act, 1870. value for the (b) for the purposes ofpurpose of the suits valuationjurisdiction act, 1887, and the punjab courts act, 1918, as valued by the plaintiff in the plaint, subject to determination by the court at any stage of the trial.'mr. sahni has contended that if the ..... of order 7 rule 2 of the code of civil procedure read with section 7 of the court fee act, 1870 and section 9 of the suits valuation act, 1887 read along with rules 3 & 4 of the punjab and haryana high court rules and on the basis of the aforesaid enactment mr.sahni has contended that in view of ..... injunction. the relief for rendition of account is only to bring the suit within the ambit of section 9 of the suits valuation act, court fee act, read with rules 3 & 4 of the punjab & haryana high court rules. the valuation in this suit over rs.5 lakhs is arbitrary and whimsical. 12. in the case of abdul hamid shamsi .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC128; 1960CriLJ171; [1960]1SCR935
..... patna, raises ashort question about the construction of art. 9 in sch. i of court fees act viiof 1870 (hereinafter called the act). a proceeding was instituted against theappellant, bibhuti bhusan chatterjee, under s. 107 of the code of criminalprocedure in the court of the magistrate of first class at bhagalpur; in thisproceeding the learned magistrate directed the appellant to execute a bond ofrs. 5,000 ..... . 1953 t.c. 69 , where the same view has been taken aboutthe construction of the corresponding article, art. 10, of the court fees act. 8. we may add that there is some force in the contention raised by theappellant that the court fee prescribed by art. 9 may sometimes work hardshipon accused persons; but that is a matter of policy with which we are notconcerned .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1955All319
malik, c.j. 1. this is an appeal under section 6-a, court-fees act, and involves two short points. 2. a suit was filed for partition of joint family property. under section 7(iv-a) in suits for partition the plaintiff has to pay court-fees as provided for in that sub-section. it appears that the plaintiff's father had entered into ..... claim partition of the property it would be necessary for him to have it adjudged, that the partition deed was void or voidable and the plaintiff must, therefore, pay court-fees in accordance with the provisions of section 7(iv-a) which, is as follows: 'in suits for or involving cancellation of or adjudging void or voidable a decree for ..... that he is not a party to the deed. 7. the only, other point that was raised and which remains for consideration is whether the plaintiff should pay separate court-fees under section 7(iv-a) to have the partition-deed adjudged void or voidable and for partition of the property. it was held in -- 'chief inspector of stamps v .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All639
wanchoo, j.1. this is a reference by the collector of allahabad under section 19h(4), court-fees act with respect to the estate of the late mr. j. m. david of allahabad. the question that has to be decided is whether the valuation! arrived at by the collector, ..... the late mr. j. m david is correct or not. according to the petitioner's valuation, the court-fee payable on the application for probate in this court is rs. 7,674-4-0. but according to the valuation of the collector, the amount of court-fee required is rs. 8,846-7-0 only. the collector's valuation was not accepted by the petitioner ..... . section 19-i is as follows :'no order entitling the petitioner to the grant of probate or letters of administration shall be made until the petnr. has filed in the court.....a valuationaccording to the market rates current on the date of the application of all the assets & liabilities of the deceased in british india' at the time of the latter .....
Tag this Judgment!Court : Chennai
Reported in : AIR1951Mad522; (1950)2MLJ268
..... sons. we must therefore, argued mr. jagadisa aiyar, read these documents as 'securing' a sum of rs. 5000 to the plaintiff within the meaning of section 7(iv-a), court-fees act. he sought to reinforce this argument by way of analogy to a vendor's lien for unpaid purchase money. a sale-deed may recite that a certain consideration had been ..... plaintiff put her mark to these documents, knowing them to be release deeds. in this view of the matter, argued mr. jagadisa aiyar, she cannot be asked to pay court-fee for its cancellation. this argument would have been sound, if the allegations in the plaint had been confined to the plea of fraud and deception making the plea in effect ..... on the ground of undue influence, it would be not wholly void, but only voidable, and the plaintiff, before she can get rid of it, must pay the appropriate court-fee for its cancellation.3. this makes it necessary for me to refer to some of the other points raised by mr. jagadisa aiyar. in these two 'release deeds,' it .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All176
..... is challenged provided the right of redemption is not challenged. this was the state of law in oudh before thecourt-fees act was amended in 1988 and in factspecific provision has been made under section 2(iv),court-fees act, wherein it is specifically laiddown that 'suit' includes a first or second appealfrom a decree in suit, and ..... mortgage even in the appellate court. this contention did not find favour, and relying on sangat bakhsh singh ..... district judge (sic) and contended before him that the court-fee should be paid on the amount by which the decree was challenged. the appellant drew the attention of the court to the provisions of section 2(iv) and section 7(ix), court-fees act, and contended that the court-fee payable was only on the amount secured by the .....
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