Court : Karnataka
Reported in : ILR2006KAR1335; 2006(3)KarLJ128
..... when there is a specific provision under the karnataka court fee and suits valuation act, there is no necessity for the petitioners to file a separate valuation slip under section 38 of the karnataka court fee and suits valuation act, and they are not required to pay court fee as long as there is no amendment to article 11 (n) of schedule ii to the karnataka court fee and suits valuation act, 1958.9. ..... the arbitration and conciliation act, 1940 has been repealed due to enactment of arbitration of conciliation act, 1996, in view of the repealing of the old act, there is no corresponding amendment to the karnataka court fee and suits valuation act, 1958-therefore, this court is of the opinion that if an application is filed to set aside the award, the court fee payable under such circumstances falls within the scope of article 11 (n) of the ii schedule of karnataka court fee and suits valuation act. ..... the short question that arises for consideration of this court in this writ petition is that, if an application is filed under section 34 of the arbitration and conciliation act 1996, whether the petitioners are required to pay court fee either under section 38 of the karnataka court fee and suits valuation act, 1958 or under article 11(n) of schedule ii of karnataka court fee and suits valuation act.2. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1989KAR1294
..... 25/- purporting to be under article 11(i) of schedule it to the karnataka court fees and suits valuation act, 1958 ('the court fees act').3. ..... of the appellants to pay deficient court fee, as found by the registry of this court, is disputed on behalf of the appellants, two questions ..... on the scrutiny of the memorandum of appeal and the associated papers, the registry of this court found that the appellants are liable to pay in this appeal deficit court fee payable by them on two counts - (1) deficient court fee to make good the court fee payable on the memorandum of appeal, under article 4 of schedule i to the court fees act; and (2) deficient court fee to make good the court fee, which was liable to be paid by them on their petition in the district court, under the proviso to article 11(i) of schedule ii to the court fees act, when that petition, became contentious as the liability .....
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). ..... collector 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. ..... in view of the above discussion, we are of the view that, the appellant has to pay the court fee on the memorandum of appeal on the amount shown in the valuation column, by applying section 48 r/w article 1 schedule i of the act.13. ..... act' for short), to the reference court having been rejected by the impugned judgment and award and no enhancement of compensation having been claimed in the appeal, the valuation made and court fee paid as above, as correct. ..... since according to us the appeal before the high court filed under section 11 of the requisitioning act falls squarely under section 51 of the act, court-fee has to be paid on ad valorem basis as provided in article 1 of schedule i to the act. ..... in such a situation, in our view, it is section 48 r/w schedule i, article 1 of the act, which has to be applied to determine the court fee payable on the appeal. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1997Kant75; 1997(1)KarLJ217
..... revision petition is referred to a division bench by a learned single judge of this court as the case involves a question of general importance namely, the interpretation of the proviso to schedule 2 article 11(1) of the karnataka court fee and suit valuation act, 1958. ..... application is for revocation of the probate and we hold that plaintiff is not liable to pay the court fee at this stage under schedule 2 article 11(1) of the karnataka court fee and suit valuation act. ..... the question arose as to whether the revision petitioner, the applicant in the probateapplication is liable to pay the court fee under the proviso of schedule 2 article 11(1) of the karnataka court fee and suit valuation act. ..... case, the learned judge was considering the analogous and identical provisions contained in the mysore court fee and suit valuation act. ..... on going through the provisions of the indian succession act as also the proviso to article 11, we are clearly of the opinion that the revision petitioner is not liable to pay the court fee under the proviso and that the order of the district judge is liable to be set aside for the reasons which we mention ..... judge held that the revision petitioner is liable to pay the ad valium court fee as provided for in the proviso, in view of the fact that the court had ordered on 2-8-83, to convert p and sc application as a suit. ..... of the indian succession act is for revocation of the probate and as such he is not liable to pay the court fee under the proviso aforesaid .....
Tag this Judgment!Court : Karnataka
Reported in : [1999]96CompCas313(Kar); 2000(3)KarLJ283
..... 12/- only per sub-clause (ii) of clause (m) of article 11 of schedule ii of the karnataka court fees and suits valuation act, 1958 'the court fees act' for short.10. mr. m.h. ..... there was (and could be) no dispute that an application under section 31(1) of the act would be covered by the residuary article l(c) of schedule ii of the court fees act and it should bear a fixed court-fee in the sum of 65 paise. ..... the supreme court on a detailed consideration of the nature of reliefs provided under section 31(1) to the creditor financial corporation as against the defaulting debtor industrial concern in the context of the scheme of the financial corporation act, observed at para 8 of its judgment:'article (1) schedule i of court-fees act provides for ad valorem court-fee on a plaint or memorandum of appeal (not otherwise provided for in the act) or of cross-objections presented to any civil or revenue court, to be levied according to the scale set out in the schedule on the value of the subject-matter ..... the form of the application, the nature of the relief, the compulsion to make interim order, the limited enquiry contemplated by sub-section (6) of section 32 and the nature of relief that can be granted and the manner of execution clearly show that the application under section 31(1) is neither a plaint as contemplated by article 1 of schedule i nor an application in the nature of a plaint as contemplated by article 7 of schedule i of court fees act. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2009Kant108; ILR2009KAR21; 2009(1)KarLJ23; 2008(5)KCCR3469; 2009(1)KLJ23; 2009(3)AIRKarR331.(D.B).
..... per schedule ii, article 1 of the karnataka court fees and suite valuation act, 1958 (hereinafter referred to as the 'kcfsv act').3. ..... section 19 of the family courts act, the court fee paid by valuing under schedule ii, article 3(iii) of the kcfsv act is just and proper.accordingly, office objection stands ..... 1984 and as such, as there is no provision under schedule ii, article 1 regarding the court fee to be paid in respect of the matters under the family courts act, the payment of court fee of rs ..... per the office objection, court fee is payable as per schedule ii, article 1 of the kcfsv act since, the appeal against the order passed under section 9 or 13 of the hindu marriage act is provided under section 28 of the said act. ..... of the maxim generalia specialibus non derogant has been approved and applied by the hon'ble supreme court in a catena of decisions.6.in the absence of corresponding provision in the kcfsv act regarding appeals arising from the orders of the family court unlike section 28 of the hindu marriage act and especially in view of the non obstante clause under section 19 of the family courts act, we find that the office objection cannot be upheld. ..... the said provisions, it is to be noted that though the hindu marriage act is of the year 1955, the family courts act has come into force in the year 1984 and after establishment of the family courts, under section 19 of the family courts act an appeal has been provided against the orders or judgments passed by a family court. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2008Kant41; 2008(1)KarLJ175
..... it is rather puzzling and unfortunate that in appeals under section 19 of the family courts act 1987 which provision is invoked by a wife who has either been denied maintenance or maintenance awarded is meagre, she is made to pay court fee on ad valorem basis under article 1 of schedule i to the karnataka court fees and suits valuation act, 1958. ..... 1,500/-; that the amount that the petitioner gets as maintenance is very meager and not sufficient to maintain herself and there is no possibility of the petitioner paying the court fee in such a situation.though sri sanjeev kumar patil, learned counsel for the respondent prays for time to file objections, i do not think there is any need for filing objections in a matter of this nature. ..... for the purpose of getting over that order and to get a better maintenance from the respondent, the petitioner preferred a miscellaneous first appeal under section 19 of the family courts act, but being unable to pay the court fee of rs. ..... sri manmohan, learned counsel for the petitioner submits that there is no other provisions which can be invoked by the petitioner to get over the hardship of being compelled to pay a hefty court fee.7. ..... while this may be a matter for examination and for making suitable provision by the legislature, as of now, the relief that can be granted by the court in this petition is to allow this civil petition and to permit the petitioner to sue as an indigent person to prosecute the appeal.8. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1993KAR3293; 1994(1)KarLJ577
..... 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 ..... court fee as provided under the karnataka court fees and suits valuation act, 1958 (the act for short) in view of sub-rules (1) and (2) of rule ..... of costs does not obliterate the liability for payment of court fee under the statute, inasmuch as payment of court fee under the karnataka court fees and suits valuation act is mandatory whereas the award of costs is left to the discretion of the court. ..... to pay any court fee at all, although she has succeeded partly in the appeal; (b) in the alternative, assuming for the purpose of argument that the appellant is liable to pay the court fee, since she has succeeded partly in the appeal, she is required to pay the court fee not on the amount claimed but to the extent she has succeeded and that too under the amended article which came to be substituted by the karnataka court fees and suits valuation (amendment) act, 1992 (karnataka act no. ..... careful consideration of the language employed in sub-rules (1) and (2), it is abundantly clear that once the plaintiff who was held to be an indigent person for the purpose of filing the suit without paying court fee and who succeeded in the suit, either partly or fully, is thereby considered as dispaupered, he is liable to pay the requisite court fee provided in the act as if he had not been permitted to sue as .....
Tag this Judgment!Court : Karnataka
Reported in : 2001(5)KarLJ570
..... both are in the nature of cross suits and both attract the same court fee and are covered by section 8 and article 1 of schedule i of the karnataka court fees and suits valuation act, 1958. ..... before examining these points we may refer to the legal position relating to 'payment', 'adjustment', 'set-off and 'counter-claim' with reference to order 8, rules 6 and 6-a of the code of civil procedure ('cpc',for short) and sections 8, 14 and article 1 of schedule i of the karnataka court fees and suits valuation act, 1958 ('kcf act', for short).i. ..... section 8 of the karnataka court fees and suits valuation act, 1958 provides that written statement pleading a set-off or a counter-claim shall be chargeable with fee in the same manner as a plaint. ..... it was held that when a defendant who claims to have suffered loss on account of the acts and conduct of the plaintiff, asks for an equitable set-off, must estimate his claim as accurately as he can and pay ad valorem court fee thereon and cannot be allowed to put a tentative valuation for the claim as if it was a suit for accounts or mesne profits.19.2 in m/s. ..... thirdly, payment of court fee on tentative claim initially and payment of balance court fee on determination of amount due by the court is permissible only where kcf act specifically provides for such mode of payment (as in the case of suit for accounts, dissolution of partnership, administration, and mesne profits under sections 33, 34, 37 and 42 of the kcf act, respectively). .....
Tag this Judgment!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'). ..... 48, we may remind ourselves that the court-fees act is really -a taxing statute and it is a high principle that the sub- is not to be charged or made liable except upon the plain words of the act,section 48 consists of two parts: the first part covers all appeals arising out of a decision, or an award or order 'relating to compensation' for compulsory acquisition of a property for public purpose. ..... 48 and 49 of the court-fees act and the scheme provided there under. ..... the office has refused to register the appeal on the ground that the court-fee paid was insufficient and the appellant ought to have paid court-fee under section 49 read with art i of sch. ..... section 20 provides how fee payable under the court-fees act shall be determined or computed. ..... 48 of the court-fees act, section 48 reads:'48. ..... i of the court-fees act,12. ..... it will be, therefore, convenient to refer to the relevant provisions of the court-fees act. ..... i of the court-fees act. ..... memorandum of appeal from a decision or an award or order inclusive of an order determining any question under section 47 or section 144 of the code of civil procedure, 1908, and nototherwise provided for when presented xx xx xx(iii) to the high court (1) where the order was passed by a subordinate court or other authority if the order relates to a suit or proceeding, the value of which exceeds one thousand rupees. .....
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