Judgment Search Results Home > Cases Phrase: karnataka court fees and suits valuation act 1958 section 58 provision for cases where too law a fee hasbeen paid Page 1 of about 7 results (0.110 seconds)

Abdul Wajid and ors. Vs. A.S. Onkarappa and ors.

Court : Karnataka

Reported in : ILR2008KAR120; 2008(4)KarLJ573; 2008(1)KCCR116; 2008(2)AIRKarR25; 2008AIHC1615(Kar)

..... 1963 providing for recovery of specific immovable property in terms of the provisions of the code of civil procedure as also the provisions of section 41 of the karnataka court fee and suits valuation act, 1958.7. submission of sri shaker shetty, learned counsel, is that on a combined reading of these provisions it is obvious that section ..... 41 of the karnataka court fee and suits valuation act, 1958 is a provision which can be called in aid only in a situation where the suit is for recovery of possession of a ..... the question will be only one of valuing the suit for ejectment in terms of the provisions of the karnataka court fee and suits valuation act, 1958 or any other provision. therefore, when the provisions of section 41 of the karnataka court fee and suits valuation act, 195 8 is attracted and if the requirement for valuation under this section is .....

A.R. Shambulinga and anr. Vs. A.C. Lalitha and ors.

Court : Karnataka

Reported in : ILR2006KAR1335; 2006(3)KarLJ128

..... 34 of the act as arbitration suit, in view of specific provision under the karnataka court fee and suits valuation act, the petitioners are required to pay only a fixed court fee and not the advalorem court fee as required under section 38 of the karnataka court fee and suits valuation act, 1958.7. according to the learned counsel for the ..... to be set aside the decree within the meaning of section 38 of the karnataka court fee and suits valuation act. scope of section 38 of the karnataka court fee and suits valuation act and article 11 (n) of the ii schedule of the karnataka court fee and suits valuation act, are entirely different, in the instant case, the ..... 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. 4th respondent was appointed as arbitrator and he passed an .....

B.S. Suresh Vs. B.S. Jagadish

Court : Karnataka

Reported in : ILR1989KAR1249

..... as for the purpose' of relief. if relief cannot be valued at the present stage as in the instant case in respect of suits under section 33 of the karnataka court fees and suits valuation act, the valuation made for the purpose of jurisdiction on the basis of the market value of the immovable property in question is solely for the ..... the immovable properties from which income was derived at two lakhs of rupees to be inadequate and he further held that in terms of section 50 of the karnataka court fees and suits valuation act they could not give two valuations, one for the purpose of the reliefs and another for the purpose of jurisdiction.5. in this ..... tentative valuation and it should not have found fault with the valuation in regard to the relief of injunction prayed for. the court has only found fault with the valuation of the immovable property.9. section 50 of the karnataka court fees and suits valuation act is as follows:'suits not otherwise provided for. -- (1) in a suit as to whose value .....

Thibbaiah Vs. Desigowda

Court : Karnataka

Reported in : ILR1993KAR973; 1992(3)KarLJ745

..... pecuniary jurisdiction may be different from the value of the subject matter for the purpose of court fee, having regard to the provisions of section 50 of the karnataka court fees and suits valuation act, 1958. in the case of a partition suit, the court fee payable is fixed under section 35(2), when the plaintiff asserts that he is in joint ..... subject matter of the suit will be only the value of the plaintiff's share.4. the orissa high court in fact has relied upon its earlier decision for the said proposition.5. we are concerned here with the karnataka court fees & suits valuation act, 1958. there is a specific provision governing the valuation of the suit as per ..... possession of the property. but this fixed court fee also in turn depends upon the value of the .....

M.S. Mahadevaiah Vs. Akkamma and Others

Court : Karnataka

..... )) to find out market value of the land in question as on the date of filing the suit i.e., july 2011 for the purpose of collecting court fee in terms of section 24(b) of karnataka court fee and suits valuation act. while holding the said enquiry, the learned judge shall also collect requisite evidence in regard to the market value of the land ..... . 151 of coc dated 5.9.2014 allowed-in-part. the plaintiff is directed to value the suit in respect of prayer (a) u/sec 24(b) of karnataka court fee and suit valuation act, fee shall be computed on one-half of the market value of property i.e., for rs. 40,00,000/- within next date of hearing. otherwise, the plaint will ..... judge has taken 1/3rd of the total consideration found in sale deed dated 2.7.2005 i.e., rs. 8 lakhs as value for the purpose of reckoning the court fee under section 24(b) of karnataka court fee and suits valuation act. in the valuation slip filed by the plaintiff and annexed to the plaint, valuation is made under section 7(2 .....

Sri M S Mahadevaiah Vs. Smt Akkamma

Court : Karnataka

..... find out market value of the land in question as on the date of filing the suit i.e., july 2011 for the 31 purpose of collecting court fee in terms of section 24(b) of karnataka court fee and suits valuation act. while holding the said enquiry, the learned judge shall also collect requisite evidence in regard to the market value of the land ..... . 151 of coc dated 5.9.2014 allowed-in-part. the plaintiff is directed to value the suit in respect of prayer (a) u/sec 24(b) of karnataka court fee and suit valuation act, fee shall be computed on one-half of the market value of property i.e., for rs.40,00,000/- within next date of hearing. otherwise, the plaint will ..... judge has taken 1/3rd of the total consideration found in sale deed dated 2.7.2005 i.e., rs.8 lakhs as value for the purpose of reckoning the court fee under section 24(b) of karnataka court fee and suits valuation act. in the valuation slip filed by the plaintiff and annexed to the plaint, valuation is 14 made under section 7(2 .....

Reliance Prolific Traders Pvt. Ltd., Vs. Purandara Shetty

Court : Karnataka

..... the joint family and are in joint possession of the suit schedule properties and there was no partition. therefore, the provisions of section 35(2) of the karnataka court fees and suits valuation act attracts and not section 35(1) or under section 24(a) of the said act as contended by the learned counsel for the ..... even though the averments in the written statement showed that possession of some of the properties were with the alienees.25. the provisions of section 35 of the karnataka court fees and suits valuation act deals with the partition and separate possession which reads as under:35. partition suits.- (1) in a suit for partition and separate possession ..... them. the value of the properties was for a sum of rs.15,00,000/- both for the purpose of court fee and jurisdiction and accordingly, rs.200/- was paid as court fee under section 35(2) of the karnataka court fees and suits valuation act, 1958; for declaration that the alleged registered sale deed dated 29.10.2010 alleged to .....

L Prem Kishore Vs. M/S Revajeethu Builders Developers

Court : Karnataka

..... application of mind, without adhering to the principles laid down in s.149, c.pc and also without assigning proper reasons as required under s.24(a) of the karnataka court fees & suit valuation act. 13 accordingly, the order is modified holding that the prayer of the plaintiff for declaration and possession cannot be entertained at this length of time. ..... 2 lakhs and odd is said to be paid at the time of filing the suit. however, objection is raised by the office of the trial court under s.24 a of the karnataka court fees and suit valuation act as when there was also an alternative prayer for declaration and possession. in the case, the suit property is valued at ..... main ground urged by the petitioners counsel is, as per the provisions of s.21 and 24(a) of the karnataka court fees & suit valuation act, it was duty bound on the part of the plaintiff to pay 7 advalorem court fee and thereafter, when the office has raised objection immediately as per s.24 (a) of the act, unnecessarily he went .....

L. Premkishore and Others Vs. M/s. Revajeethu Builders Developers and ...

Court : Karnataka

..... application of mind, without adhering to the principles laid down in s.149, c.pc and also without assigning proper reasons as required under s.24(a) of the karnataka court fees and suit valuation act. accordingly, the order is modified holding that the prayer of the plaintiff for declaration and possession cannot be entertained at this length of time. ..... 2 lakhs and odd is said to be paid at the time of filing the suit. however, objection is raised by the office of the trial court under s.24 a of the karnataka court fees and suit valuation act as when there was also an alternative prayer for declaration and possession. in the case, the suit property is valued at ..... main ground urged by the petitioners' counsel is, as per the provisions of s.21 and 24(a) of the karnataka court fees and suit valuation act, it was duty bound on the part of the plaintiff to pay advalorem court fee and thereafter, when the office has raised objection immediately as per s.24 (a) of the act, unnecessarily he went .....

Veeragouda and ors. Vs. Shantakumar @ Shantappagowda

Court : Karnataka

Reported in : ILR2009KAR887

..... rule 2 of the cpc is the general provision of civil law relating to trial of suits and issues including any issues as preliminary issue. the karnataka court fees and suits valuation act, is a special law. it has received the assent of the president of india. it prevails over the general law. it ..... valuation act.the provisions of order 14 rule 2 are only procedural and the same cannot outweigh the mandatory provisions of the karnataka court fees and suits valuation act.22. yet another learned single judge of this court in manicklal verma and anr. v. smt. jamunadevi and ors. : air2002kant332 dealing with section 11(2) of the ..... the court fee payable on such subject matter. the law relating to court fees and valuation of suits and the determination of the fee payable are contained in the karnataka court fees and suits valuation act, 1958. therefore, the issue relating to valuation of suits and court fee payable on suits are to be determined under the said act.12. the karnataka court fees and .....