Court : Karnataka
Reported in : AIR1977Kant181; ILR1977KAR1178; 1977(2)KarLJ467
..... 3 (iii) (1) (a) of schedule ji of the karnataka court fees and suits valuation act, 1958 (shortly called 'the court-fees act'). ..... section 20 provides how fee payable under the court-fees act shall be determined or computed. ..... i stands excluded for computing the court-fee on ad valorem- basis. ..... - the fee -payable under this act on a memorandum of appeal against a decision or an award or order relating to compensation under any act for the time being in force for the acquisition of property for public purpose shall be computed on the difference between the amount awarded and the amount claimed by the applicant. ..... the second part states that the fee shall be computed on the difference between the amount awarded and the amount claimed by the applicant. ..... the second part directs that the fee on such appeals shall be computed on the difference between the amount awarded and the amount claimed by the applicant. ..... sections 21 to 47 falling under chapter iv deal with different kinds of suits and provide the manner of computation of fees. ..... that means, if the appeal is against a decision or an award or order adjudicating a dispute with reference to com awarded in respect of a property acquired for public purpose, then the fee payable on the appeal shall be computed in the manner provided by the second part of s. 48. ..... it states that such determination shall be in accordance with the provisions of chapter iv, chapter vi, chapter viii and schedules i and ii. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1988KAR105
..... in this batch of writ petitions, the following common question of law arises for consideration :'whether section 20 of the karnataka court fees and suits valuation act, 1958 ('the act' for short) which provides for payment of court fee at the rate of ten per cent ad valorem, computed on the basis of the monetary value of the suit claim without any ceiling and/or a tapering rate of court fee over and above a specified limit, is constitutionally valid?'2. ..... in the result we make the following order:(i) the challenge to the constitutional validity of the karnataka court fees and suits valuation act, 1958, as amended by act 21 of 1979, fails and the writ petitions are dismissed. ..... for the aforesaid reasons, we answer the question set out first as follows :'section 20 of he karnataka court fees and suits valuation act. ..... there are several sections in chapter iv of the act which provide for the method of computation of the value of the claim involved in a suit. ..... section 20 of the act provides that the fee payable under the act shall be determined or computed in accordance with the provisions of chapters-iv, vi, viii and schedule -i and ii of the act. .....
Tag this Judgment!Court : Karnataka
Reported in : I(2004)DMC398; ILR2004KAR512; 2003(6)KarLJ323
..... 100/- is paid for this petition as per the schedule ii, article i of the karnataka court fees and suits valuation act, 1958, as amended upto date'.2. ..... it provides that where such appeals are allowed by law, the appeal shall lie:(a) to the district court, when the amount or the value of the subject-matter of the original suit or proceedings is less than rupees one lakh; and(b) to the high court in other cases.4.6 section 20 of the kamataka court fees and suits valuation act, 1959 ('court fees act', for short), provides that court fee payable under the said act shall be determined or computed in accordance with the provisions of chapters iv, vi, viii and schedules i and ii. ..... value for the purpose of determining the jurisdiction of courts, a specific provision is not otherwise made in that act or in any other law, value for that purpose and value for the purposes of computing the fee payable under the court fees act shall be the same, sub-section (2) of section 50 of the court fees act provides that in a suit where court fee is payable under that act at a fixed rate, the value for the purpose of determining the jurisdiction of courts shall be the market value or where it is not possible to estimate it at money .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1995Kant107; 1994(2)KarLJ664
..... the learned counsel representing the appellants in the aforesaid appeals including sri ramdas, the learned counsel appearing in this appeal contended that having regard to the language reflected in section 49 of the karnataka court-fees and suit valuation act, 1958, (hereinafter referred to as the act) there should not be any difficulty in reaching a conclusion with reference to the point raised by the office. ..... amendment of schedule i: in schedule i of the karnataka court-fees and suits valuation act, 1958 (karnataka act 16 of 1958) in article 1 for clauses (i) and (ii) and the entries relating thereto, the following shall be substituted, namely:--...................'16. ..... it is necessary to remember that valuation or to be more precise computation of fee payable is referrable to chapters iv. ..... that will have to be determined with reference to the valuation of the suit and with reference to the various provisions of the act reflected in chapters iv, vi and viii. ..... it reads as under :'the fee payable under this act shall be determined or computed in accordance with the provisions of this chapter, chapter vi. ..... the different provisions referred to in chapters iv, vi and viii are related mainly to valuation. ..... chapter viii and schedules i and ii. ..... at this juncture, it would be indeed convenient to refer to section 20 of the act in chapter iv. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1994KAR1822
..... the learned counsel representing the appellants in the aforesaid appeals including sri ramdas, the learned counsel appearing in this appeal contended that having regard to the language reflected in section 49 of the karnataka court fees and suits valuation act, 1958, (hereinafter referred to as the act) there should not be any difficulty in reaching a conclusion with reference to the point raised by the office. ..... in this appeal, the office objection is to the effect that court fee on the appeal memo is required to be paid according to the rates prescribed by schedule-1 of the karnataka court fees and suits valuation act, 1958, as it stood before the amendment, since according to the office the plaint in the suit out of which this appeal has arisen was presented at a time ' when schedule-l was un-amended. ..... it is necessary to remember that valuation or to be more precise computation of fee payable is referrable to chapters iv, vi and viii. ..... that will have to be determined with reference to the valuation of the suit and with reference to the various provisions of the act reflected in chapters iv, vi and viii. ..... it reads as under:'the fee payable under this act shall be determined or computed in accordance with the provisions of this chapter, chapter vi, chapter viii and schedules i & ii. ..... the different provisions referred to in chapters iv, vi and viii are related mainly to valuation. ..... at this juncture, it would be indeed convenient to refer to section 20 of the act in chapter iv. .....
Tag this Judgment!Court : Kolkata
Reported in : (1988)69CTR(Cal)188,[1988]169ITR400(Cal)
..... of the karnataka high court following the decision of the supreme court in the case of mayer hans george : [1965]1scr123 , and the decision of the gujarat high court in shilaben kanchanlal rana : [1980]124itr420(guj) , held that the said notice under section 269d(1) of the said act was duly published on march 6, 1982, and the proceedings ..... revenue that the gross annual rent of the said premises had been computed after taking into account the agreements of tenancy of the various occupiers of the said premises and that the valuation officer had taken into consideration other disadvantages also of the said ..... not pay rent to the vendors ;(c) tenants in the property had sublet portions in their occupation to others without surrendering their own tenancy ;(d) there were several title suits pending in respect of the said property for a long time ;(e) the property in question was a joint property ;(f) the items of deductions from the rent received on account of repairs, municipal ..... the undivided share of the respondent, proceedings had been initiated to acquire the balance undivided share belonging to the other co-owners of the said premises under chapter xxa of the income-tax act, 1961, on grounds similar to those as in the instant case and the apparent consideration for transfer of the entire premises would exceed rs. ..... question of valuation, it was contended on behalf of the assessee before the tribunal that taking into account the registration fee and other charges and expenses, the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC1485; [2008(117)FLR1]; JT2008(2)SC337; (2008)2MLJ932(SC); 2008(2)SCALE484; (2008)3SCC321; 2008(2)SLJ480(SC); 2008AIRSCW1552; AIR2008SC1485; 2008(3)SCC321; 2008(2)Supreme157; 2008(2)LH(SC)1240; 2008(3)KCCRSN213
..... a bare perusal of the aforementioned rule clearly shows that for the purpose of computation either 1/4th of the emoluments for each completed six-monthly period of service, or 3/16th of emoluments for each completed six-monthly ..... from the discussions made hereinafter, is as to whether the expression 'the date from which the revisions shall apply, and other matters connected therewith or incidental thereto', would also include the matter relating to payment of gratuity which is otherwise covered ..... of giving effect to the agreement vis-`-vis the payment of arrears in terms thereof, he cannot exercise further jurisdiction in respect of a matter which is not controlled by chapter iv but is controlled by other provisions of statutes and parliament acts governing the field. ..... respondents, on the other hand, contended that the power of the chairman of the corporation to issue instructions being limited to chapter iv of the regulations, it has no application in relation to the payment of gratuity as provided for in regulation 77 ..... appellants, in support of this appeal, submitted:1) pension and gratuity having two different concepts, the high court committed a serious error in holding that the chairman of the corporation had no jurisdiction to issue the instructions.ii) sub-regulation (2) of regulation 51 being of wide amplitude, the jurisdiction of the chairman to fix cut off dates was not only applicable in respect of pay and allowances covered by schedule ii of the regulations but also ..... fee .....
Tag this Judgment!Court : Karnataka
Reported in : 2008(1)KarLJ1; 2007(4)KCCR2616(DB);
..... 15/- under article 3 (iii)(1)(a) of schedule ii of the karnataka court fees and suits valuation act, 1958 ('the act' for short). ..... of madras : [1986]3scr754 , while considering the question - whether under the tamil nadu court fees and suits valuation act, 1955, the court fee payable on a memorandum of appeal under section 11 of the requisitioning and acquisition of immovable property act, 1952 (act 30 of 1952) should be computed in accordance with section 51 of tamil nadu and suits valuation act, 1955 or a fixed court fee is payable under the residuary provision i.e. ..... prayed for in the appeal is different from the relief prayed for or refused in the court of first instance, the fee payable in the appeal shall be the fee that would be payable in the court of first instance on the relief prayed for in the appeal.explanation (5):- where the market value of the subject matter of the appeal has to be ascertained for the purpose of computing or determining the fee payable, such market value shall be ascertained as on the date of presentation of the ..... the section states that the fee payable under the act on a memorandum of appeal against an order relating to compensation in any act for the time being in force for the acquisition of property for public purposes shall be computed on the difference between the amount awarded and the amount claimed by the ..... 21 to 47 have been put under chapter iv and they deal with different kinds of suits and provide the manner of computation of fees. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2003Kant366; IV(2004)BC510; [2004]118CompCas117(Kar); 2003(3)KarLJ415
..... at the very outset i make it clear that section 50 of the karnataka court fees and suits valuation act, 1958 ('the act', for short) does not apply to the facts of the case as the act has made provision for valuation of a suit of the nature as brought by the plaintiff in section 23. ..... --(a) where the prayer is for a declaration and for possession of the property to which the declaration relates, fee shall be computed on the market value of the property or on rupees one thousand, whichever is higher;(b) where the prayer is for a declaration and for consequential injunction and the relief sought is with reference to any immovable property, fee shall be computed on one half of the market value of the property or on rupees one thousand, whichever is higher;(c) (omitted by act no. ..... --(1) in a suit for movable property other than documents of title, fee shall be computed--(a) where the subject-matter has a market value, on such value;or(b) where the subject-matter has no market value, on the amount at which the relief sought is valued in the plaint: provided that where the suit is for goods pledged as security for payment of a debt, the fee shall be computed on the amount of debt.(2)..... ..... 13 of 1982 with effect from 1-4-1982)(d) in other cases, whether the subject-matter of the suit is capable of valuation or not, fee shall be computed on the amount at which the relief sought is valued in the plaint or on rupees one thousand, whichever is higher'. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1972Kant296; AIR1972Mys296
..... a notice under section 19 of the mysore court-fees and suits valuation act, 1958, (hereinafter referred to as the court-fees act) was issued to the additional government advocate who appeared and supported the objection raised by the office.3. mr. a. v. ..... on the other hand, the learned additional government advocate contended that article 1 of schedule 1 to the court-fees act, is applicable to such appeals, and that ad valorem court-fee is payable on the value of the subject-matter in dispute, computed in the manner provided by section 48 of the court-fees act. i. e. ..... section 20 of the court-fees act provides that court-fee payable under that act, shall be determined or computed in accordance with the provisions of the chapters iv, vi and viii and schedules i and ii.7. ..... but that provision makes it clear that it relates to the computation of 9 court-fee payable on ad valorem basis. ..... therefore the computation provided under that provision can only be of a court-fee payable under one or the other articles in schedule i.'22. ..... it only provides for the computation of the court-fee payable. ..... fee on memorandum of appeal against order relating to compensation 'the fee payable under this act on a memorandum of appeal against an order relating to compensation under any act for the time being in force for the acquisition of property for public purpose shall be computed on the difference between the amount awarded and the amount claimed by the applicant.' 8. .....
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