Court : Karnataka
..... injunction, its valuation lor the purpose of court fee comes under the provisions of the karnataka courts fee valuation act, 1958 and the relevant provision is section 26, which reads as under: "section 26: suits for injunction : - in a suit for injunction - (a) where the relief sought is with reference to any immovable property,, and (i) where the plaintiff alleges that his title to the property is denied, or (ii) where an issue is framed regarding plaintiff s title to the property, fee shall be computed on one-half of the market value of the property or on (rupees one ..... the appellant herein filed the aforesaid suit before the trial court seeking relief of declaration that he has perfected his title to the plaint schedule property as an absolute owner by establishing long usage and possession and by adverse possession and also for consequential relief of injunction restraining the defendant, her agents, servants or any person claiming under the defendant not to interfere in the plaint schedule property in any manner whatsoever. 3. ..... in the written statement, they denied the title of the plaintiff to the suit schedule property and set up the plea that they are the owners of the suit schedule property and they have also claimed that they became owners by adverse possession. .....
Tag this Judgment!Court : Karnataka
..... by the impugned order, the trial court, by relying on section 38 of the karnataka court-fees and suits valuation act, 1958 ( the act for short), has directed the petitioner to pay the court fee on the market value of the plaint schedule property which is the subject matter of the registered gift deed ..... counsel appearing for the petitioner submitted that the trial court has erred in law in directing the petitioner to pay the court fee under section 38 of the act on the market value of the plaint schedule property which is the subject matter of the gift ..... having regard to the language employed in section 38 of the act extracted above, in a suit for cancellation of a gift deed, the plaintiff has to pay court fee on the value of the property for which the gift deed ..... having a money value, or other document which purports or operates to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest in money, movable or immovable property, fee shall be computed on the value of the subject-matter of the suit, and such value shall be deemed to be if the whole decree or other document is sought to be cancelled, the amount or value of the property for which the decree was passed or other document was executed ..... of the property gifted is not stated in the gift deed, then court fee has to be paid on the market value of the property as on the date of execution of the gift deed and the market value has to be computed as per the provisions of the act. .....
Tag this Judgment!Court : Supreme Court of India
..... act by interpretative process, including by invoking plenary powers of this court under article 142 of the 131 constitution to hold that the dictum of this court in karnataka industrial areas development board (supra) be regarded as stay granted by the court to all notifications issued under section 3a of the 1956 act until the grant or non grant of permissions by the competent authorities under the environmental and ..... to, the authority immediately before such date shall be deemed to be due to the authority; (d) all suits and other legal proceedings instituted or which could have been instituted by or against the central government immediately before ..... and forests for matters falling under category a in the schedule and at state level the state environment impact assessment authority (seiaa) for matters falling under category b in the said schedule, ..... survey, measurement, valuation or enquiry; (b) take levels; (c) dig or bore into sub soil; (d) set out boundaries and intended lines of work; (e) mark such levels, boundaries and lines placing marks and cutting trenches; or (f) do such other acts or things as ..... and implementation of schemes for highway development; (k) collect fees on behalf of the central government for services or benefits rendered under section 7 of the 108 national highways act, 1956 (48 of 1956), as amended from time to time, and such other fees on behalf of the state governments on such terms and conditions as may be specified by such state governments; and ..... 1958 .....
Tag this Judgment!Court : Supreme Court of India
..... the positions taken by india (in the capacity of an oecd non- 212 member) with regard to article 12 of the oecd model tax convention and the oecd commentary, first in 2008, reiterated in 2014 and 2017, as follows: 4.1 india reserves the right to: tax royalties and fees for technical services at source; define these, particularly by reference to its domestic law; define the source of such payments, which may extend beyond ..... than for the communication to the public of the work along with the cinematograph film in a cinema hall, except to the legal heirs of the authors or to a copyright society for collection and distribution and any agreement to contrary shall be void: provided also that the author of the literary or musical work included in the sound recording but not forming part of any cinematograph film shall not assign ..... , and the relevant provisions of the income tax act, india s dtaas with usa, france and sweden respectively, the high court of karnataka, on an examination of the ..... from the gross turnover is the duty so paid 102 under the central act, read with the schedule, the expression in respect of in the context can only mean excise duty ..... the customs act 1962 and rule 9(1)(c) of the customs valuation (determination of price of imported goods) rules, 1988, the court stated: ..... 103 service fees received by the non-resident assessee (relatable to the assessment year 1957-1958) could only be deemed to accrue in india if such income could be ..... can maintain a suit to prevent it. .....
Tag this Judgment!Court : Supreme Court of India
..... the value of the suit for purpose of (illegible) and jurisdiction is as per valuation (illegible) plaintiff is indigent person and he may be permitted to prosecute the above case in pharma (illegible) as he is unable to pay court fee. 10 18. ..... in the meanwhile, the defendant, who, under law cannot be in possession of schedule premises and is attempting to take forcible possession of the same and letting out and alienate the same to others and also to put up construction. ..... a notice under section 322 of the karnataka municipal corporations act, 19765 was issued by the corporation on the ground that the building was in dilapidated condition, unsafe and dangerous. ..... as already stated, telegrams, dated july 31, and august 2, 1958, were dispatched to the respondent at the address given by him where communications by government should be dispatched. ..... it may be that he actually received them in or 20 (1969) 3 scc2835 about the middle of august 1958, after the date of his retirement. ..... but how can it be said that the information about his having been suspended was not imparted or transmitted to him on july 31 and august 2, 1958 i.e. ..... before august 4, 1958, when he would have retired?. ..... both the telegrams transmitted or imparted information to the respondent that he was suspended from service with effect from august 2, 1958. .....
Tag this Judgment!Court : Supreme Court of India
..... makes ..... form ..... 116 ..... expenses chargeable under this act or under ..... approaches; (b) landing and shipping of ..... , ..... high court on the aspect of may being read as shall in sections 61 and 62 of the mpt act, yet the hovering omnipresence of article 14 over the board must always be given effect to, ..... customs act, 1962 (52 of 1962), the central government, being satisfied that it is necessary in the public interest so to do, hereby exempts containers which are of durable nature, falling within the first schedule to the customs tariff ..... barriers ..... and its agent are ..... and (ii) ..... ; ..... specified and the proper officer ..... gazette and also in at least one of the principal local daily newspapers, requiring him to remove the goods forthwith ..... number and value of the goods imported, and payments by way of costs and services other than those declared in the invoice, which includes costs of containers under rule 10(1)(a)(ii) of the 53 customs valuation (determination of value of imported goods) rules, 2007, ..... be, and in the case of a vehicle, an import report within twelve hours after its arrival in the customs station, in such form and manner as may be prescribed ..... rates and charges payable under this ..... , and every endorsee of a bill of lading to whom the property in the goods therein mentioned shall pass, upon or by reason of such consignment or endorsement shall have transferred to and vested in him all rights of suit, ..... the karnataka high court has rightly held that the said rule of construction has no application to the facts ..... wardha 1958 scr1102 this .....
Tag this Judgment!Court : Supreme Court of India
..... paragraph-8 mentions regarding the valuation and the court fee paid. ..... in view of the clear finding that the hospital is functioning on the suit land since 1958, the trial court as well as the high court have wrongly shifted the proof of ownership on the appellant, whereas it lay on the respondent by virtue of section 110 of the slp (civil) d. ..... the findings recorded by the appellate court are as follows: (i) the fact that the veterinary hospital had been established in 1958-59 and it was being run ever since then, the filing of the suit after more than four decades was barred by time. ..... article 65 under the schedule to the limitation act provides limitation of 12 years for filing a suit for possession based on title. ..... the appellant filed written statement denying the plaint allegations and also raising plea regarding the suit being barred by limitation and also urged that since no relief for declaration had been sought and the suit was only for relief for possession, it was not maintainable. ..... it was further specifically stated that the land in suit was donated by sri inder singh in 1958 for construction of government veterinary hospital and, further, municipal council, samana and the state of punjab had made financial contribution for construction of the building of the hospital in the year 1959 and since then, the hospital is functioning, which is well known to the public of samana as also to the plaintiff. ..... mukesh kumar and ors.9; (3) karnataka board of wakf vs. .....
Tag this Judgment!Court : Karnataka
..... the denial of title of the plaintiff by the defendants has no basis as the court fee paid by the plaintiff under section 24 of the karnataka court fee and suits valuation act,1958 is proper. ..... krishnappa against shivashankar and suresh bhajandas praying to declare that he is the absolute owner of the suit schedule property and further to hold and declare that the sale deed dated 28.4.1966 and also the sale deed dated 21.6.1991 will not bind the right of the plaintiff in any way and for permanent injunction as a consequential relief permanently restraining that defendants from interfering with the plaintiff s peaceful possession and enjoyment of the suit schedule property. ..... the reliefs sought therein are as under: (a) for a permanent injunction restraining the defendant, his associates, agents, servants or any person acting under his instructions from interfering with the peaceful possession and enjoyment of the schedule property; (b) and to pass such other order or orders as this hon ble court deems fit to grant under the circumstances of the case, together with costs of this proceedings in the interest of justice.38. ..... whether 1st defendant proves that ii defendant has perfected his title over suit schedule property by adverse possession and continued to be in possession till execution of registered sale deed dated 21.06.1991 in favour of 1st defendant?.13. .....
Tag this Judgment!Court : Karnataka
..... similarly the defendant nos.4 & 5 are also entitled to 1/4th share each in the suit schedule 'a' property, subject to payment of court fee. ..... has been called for the purpose of proving its execution, if there be an attesting witness alive, and subject to the process of the court and capable of giving evidence; [provided that it shall not be necessary to call an attesting witness in proof of the execution of any document, not being a will, which has been registered in accordance with the provisions of the indian registration act, 1908 (16 of 1908), unless 108 its execution by the person by whom it purports to have been executed ..... defendants in all relied on 53 documents which were exhibited and marked as exs.d.1 to d.53, comprising of exs.d.1 and 2 - wills; exs.d.3 to 6-signatures; ex.d.7- sketch; ex.d.8-original will; ex.d.9-letter of bel ; ex.d.10-copy of letter; exs.d.11 to 16-income tax returns; exs.d.17 to 26-acknowledgmetns; exs.d.27 to 34-income tax returns; exs.d.35 and 36-copy of letter; exs.d.37 to 42-letters; exs.d.43 to 47-assessment orders; exs.d.48 to 52 - demand notices; ex.d.53- valuation report.19. ..... 1 in the high court of karnataka at bengaluru dated this the6h day of march, 2023 before the hon'ble mr. ..... in his cross-examination it is elicited that site bearing no.341, upper palace orchards, sadashivanagar, bangalore was allotted to his father in the year 1958 or 1959. .....
Tag this Judgment!Court : Karnataka
..... similarly the defendant nos.4 & 5 are also entitled to 1/4th share each in the suit schedule 'a' property, subject to payment of court fee. ..... has been called for the purpose of proving its execution, if there be an attesting witness alive, and subject to the process of the court and capable of giving evidence; [provided that it shall not be necessary to call an attesting witness in proof of the execution of any document, not being a will, which has been registered in accordance with the provisions of the indian registration act, 1908 (16 of 1908), unless 108 its execution by the person by whom it purports to have been executed ..... defendants in all relied on 53 documents which were exhibited and marked as exs.d.1 to d.53, comprising of exs.d.1 and 2 - wills; exs.d.3 to 6-signatures; ex.d.7- sketch; ex.d.8-original will; ex.d.9-letter of bel ; ex.d.10-copy of letter; exs.d.11 to 16-income tax returns; exs.d.17 to 26-acknowledgmetns; exs.d.27 to 34-income tax returns; exs.d.35 and 36-copy of letter; exs.d.37 to 42-letters; exs.d.43 to 47-assessment orders; exs.d.48 to 52 - demand notices; ex.d.53- valuation report.19. ..... 1 in the high court of karnataka at bengaluru dated this the6h day of march, 2023 before the hon'ble mr. ..... in his cross-examination it is elicited that site bearing no.341, upper palace orchards, sadashivanagar, bangalore was allotted to his father in the year 1958 or 1959. .....
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