Judgment Search Results Home > Cases Phrase: rajasthan courtfees suits valuation act 1961 Page 1 of about 8,297 results (0.146 seconds)

Khemchand Vs. Yaswantchand and ors.

Court : Rajasthan

Reported in : AIR1973Raj81; 1972()WLN439

..... contention of the learned counsel for these defendants before the trial court was that sub-clause (3) of section 35 is only applicable to such property as is mentioned in the plaint and that the rajasthan court-fees and suits valuation act does not make provision for charging court-fee on property not shown in the plaint, but claimed to be joint hindu family property in which partition and separate possession is sought by a defendant. ..... section 35 of the rajasthan courts-fees and suits valuation act runs as follows:--'35 ..... present case has to be decided on an interpretation of section 35 of the rajasthan court-fees and suits valuation act. ..... case cited by the learned counsel for the petitioner is of no help as it is based on an interpretation of article 1 of schedule i of the indian court-fees act which was applicable to partition suit in travancore-cochin when that case was decided. ..... 5 and had not been included in the suit and consequently it was not maintainable as a suit for partial partition of joint hindu family property did not ..... then comes sub-section (3) which begins:'where, in a suit falling under subsection (1) or sub-section (2), a defendant claims partition and separate possession of his share of the ..... partition suits:-- (1) in a suit for partition and separate possession of a share in joint family property or of property owned, jointly or in common by a plaintiff who has been excluded from possession of such property, fee shall be computed on the market value of the .....

Municipal Council Vs. Charandas and 37 ors.

Court : Rajasthan

Reported in : 1980WLN(UC)102

..... less than six lacs rupees and the plaintiffs ought to have paid court fees on behalf of the value of the land under section 26a of the rajasthan court fees and suits valuation act, 1961, hereinafter referred to as the act and the suit if so valued was beyond the pecuniary jurisdiction of the learned munsif.4. ..... no 5 before the learned munsif would be whether or not the suit before amendment as well as after amendment falls within the purview of section 26 (a) or section 26(c) of the rajasthan court fees and suits valuation act, 1961. ..... that is gathered from a bare perusal of the whole of the plaint the allegations in the plaint that the municipal council udaipur has caused proceedings under section 91 of the land revenue act to be initiated against the plaintiff respondents in the court of tehsilder girva clearly indicate and give rise to as legitimate inference that the title of the plaintiffs to the property in dispute ..... and they are treated as trespassers over the land in this view of the matter i am of the view that for the purpose of payment of court-fee the suit clearly falls within the purview of clause (a) of sections 26 of the act and the court-fee payable on the plaint is 1/2 of the market value of the property or rs. ..... which the suit was contested are that the land in question was never owned and possessed by the plaintiffs or their alleged predecessor-in-title and that it belonged to the rajasthan government and ..... suit is contemplated by clause' (a) of section 26 of the act .....

Shetkari Sahakari Ginning and Pressing Society Limited, Vs. Municipal ...

Court : Mumbai Nagpur

..... under section 8 of the suits valuation act, 1887 it is provided that where in suits other than those referred to in paragraphs (v), (vi) and (x) and clause (d) of paragraph (xi) in section 6 of the bombay court fees act, 1959 courtfees are payable ad valorem under the bombay courtfees act, 1959 the value as determinable for the computation of courtfees and the value for purposes of jurisdiction shall be the same ..... i have gone through the relevant provisions of the maharashtra court fees act, suit valuation act and the code of civil procedure. 6. ..... is only in cases where it appears to the court on a consideration of the facts and circumstances of the case that the valuation is arbitrary, unreasonable and the plaint has been demonstratively undervalued, the court can examine the valuation made by the plaintiff by an inquiry and may direct proper valuation of the suit for purposes of jurisdiction of the court and payment of court fees. ..... venkatachalam chettiar that in a suit for declaration with consequential relief falling under section 7 (iv) (c) of the court fees act, 1870, the plaintiff is free to make his own estimation of the reliefs sought in the plaint and such valuation both for the purposes of court fee and jurisdiction has to be ordinarily accepted ..... in suits for the possession of land, houses, and gardens mentioned in paragraph (v) in section 6 of the bombay courtfees act, 1959 ( ..... of fees payable in certain suits is provided under section 6 of the maharashtra courtfees act. .....

Delhi High Court Bar Association and anr Vs. Govt of Nct of Delhi and ...

Court : Delhi

..... . by this judgment, the supreme court decided three groups of special leave petitions/appeals/writ petitions which concerned the policy and legality of the levy of court fees in the states of karnataka, rajasthan and maharashtra under the provisions of the karnataka court fees and suits valuation act, 1958, the rajasthan court fees and suits valuation act, 1961 and the bombay court fees w.p ..... . the respondents no.1 and 2 challenged the validity of the aforesaid provisions of levy of court fees and suits valuation act of 1955 with reference to levy of court fees advalorem working out at the rate of 7 per cent without upper limit by contending that the levy is not only exorbitant but wholly arbitrary, unreasonable and unjustified bearing no ..... . on the basis of these conclusions the high court struck down article 1 in schedule 1 to the tamil nadu court fees and suits valuation act and sub-rule 1 of rule 1 of the high court rules, 1956 based on article 1 of schedule 1 to the madras act no.14 of 1955 as invalid against which the aforementioned appeal has been directed ..... . setty)) (xii) the prescription of such high rates of courtfees even in small claims as also without an upper limit in larger claims is perilously close to arbitrariness, an inconstitutionality ..... . for instance if a state were to double courtfee with the object of providing money for road building or building schools, the enactment would be held to be void.. .....

Delhi High Court Bar Association and anr. Vs. Govt. of Nct of Delhi an ...

Court : Delhi

..... . by this judgment, the supreme court decided three groups of special leave petitions/appeals/writ petitions which concerned the policy and legality of the levy of court fees in the states of karnataka, rajasthan and maharashtra under the provisions of the karnataka court fees and suits valuation act, 1958, the rajasthan court fees and suits valuation act, 1961 and the bombay court fees w.p ..... . the respondents no.1 and 2 challenged the validity of the aforesaid provisions of levy of court fees and suits valuation act of 1955 with reference to levy of court fees advalorem working out at the rate of 7 per cent without upper limit by contending that the levy is not only exorbitant but wholly arbitrary, unreasonable and unjustified bearing no ..... . on the basis of these conclusions the high court struck down article 1 in schedule 1 to the tamil nadu court fees and suits valuation act and sub-rule 1 of rule 1 of the high court rules, 1956 based on article 1 of schedule 1 to the madras act no.14 of 1955 as invalid against which the aforementioned appeal has been directed ..... . setty)) (xii) the prescription of such high rates of courtfees even in small claims as also without an upper limit in larger claims is perilously close to arbitrariness, an inconstitutionality ..... . for instance if a state were to double courtfee with the object of providing money for road building or building schools, the enactment would be held to be void.. .....

Padmalochan and anr. Vs. the State of Rajasthan and ors.

Court : Rajasthan

Reported in : AIR1975Raj64; 1974(7)WLN929

..... the contention of the learned counsel for the appellant is that section 46 of the rajasthan court-fees and suits valuation act, 1961' (hereinafter to be referred to as 'the act') is inapplicable inasmuch as the fee payable under that section is on the difference of the amount awarded and the amount paid by wav of compensation under land acquisition act whereas, his suit rests on tile foundation of section 34 of the jaipur land acquisition act, 1943. ..... 'what was an equitable relief in the chancery courts in england came to be recognised as statutory relief under section 23(1) of the land acquisition act of 1894 which has been copied word for word in the jaipur land acquisition act of 1943, excepting that the word 'collector' has been substituted for 'nazim' -- a local officer in the jaipur state. ..... because the parenthetical clause in section 21 of the act says that a suit for money includes a suit for damages or compensation it is idle to contend that the word 'money' partakes the nature of damages in the section. ..... the language of section 21 of the act shorn of its parenthetical clause reads;--'in a suit for money, fee shall be computed in the amount claimed. ..... in section 21, the draftsman after having said 'in a suit for money' he wanted to ensure that the expression 'money' would include all those things indicated in the parenthetical clause. ..... the contention of the learned additional government advocate is that this suit of the appellant is covered by section 21 of the act.6. .....

Prayag Chand Vs. Land Acquisition Officer and anr.

Court : Rajasthan

Reported in : RLW2005(2)Raj1234; 2005(3)WLC143

..... the learned single judge on 4.3.2003 in respect of the aforesaid office objection, learned counsel for the appellant volunteered to mention the valuation of the appeal and submitted that section 46 of rajasthan court fee and suits valuation act, 1961 (hereinafter referred to as 'the act of 1961') would not govern the question of requirement of payment of court fees because while it provides for valuation of appeal against an award of compensation under any law relating to land acquisition, it does not prescribe as to at what rate the court ..... judge under section 26 has to be considered as a decree under the code of civil procedure, 1908 and, therefore, ad valorem court fee is payable in an appeal filed against a decree on the subject matter of the memo of appeal section 46 of the rajasthan court fee and suits valuation act, 1961 clearly postulates as to what shall be the subject matter of the memo of appeal arising against any order relating to compensation under any ..... suits valuation act, 1955, section 51 of act of 1955 was couched exactly in the same language as is enacted in section 46 of the rajasthan court fees and suits valuation act, 1961 or for that matter section 8 of the court fees act, 1870. .....

Bhagwandas and ors. Vs. Bhawandas and anr.

Court : Rajasthan

Reported in : AIR2000Raj67; 1999(3)WLC123; 1999(1)WLN606

..... the regular suit being registered the plaintiff was liable to pay one-half the scale of fee prescribed under article 1 of schedule (1) of the rajasthan court-fees and suits valuation act, 1961 (in short the act of 1961) on the market value of the property as envisaged in article 11(j) of schedule ii of the act of 1961. ..... court below has failed to appreciate that the court-fee payable under article 11(j) of schedule ii of the act of 1961 on the application for letter of administration is payable ad valorem in case the application for grant of letter of administration is contentious and is registered as a suit, whereas the court-fee payable under article 6 of schedule i of the act of 1961 is on the letter of administration when ordered to be granted in favour of the plaintiff and that both the ..... considered the provisions contained in the act of 1961 and committed jurisdictional error on placing reliance ..... clause 6 of article 1 of schedule i of the act of 1961 provides thus :--'scheduleiadvaloremfeesarticleparticularsproperfee1236.probateof a will or letters of administration with or without will annexed-- when theamount or value of the estate in respect of which the grant of probate ..... article 11 (j) of schedule ii of the act of 1961 provides thus :'scheduleiifixedfeesarticleparticularsproperfee12311(i)application for probate or letters of administration to have effectthroughout india;twentyfive rupees (ii)application for probate or letters of administration not falling under clause .....

Kaloo Singh Vs. Asstt. Mining Engineer (Recovery) Mines and Geological ...

Court : Rajasthan

Reported in : AIR1976Raj199; 1976(9)WLN204

..... suit filed by the plaintiff is a suit for declaration and injunction, and is not for setting aside a summary decision as envisaged in section 39(2) of the rajasthan court-fees and suits valuation act, 1961. ..... behalf of the state that the suit filed by the plaintiff is totally misconceived, and that it is not covered under the provisions of section 39(2) of the rajasthan court-fees and suits valuation act, 1961. ..... , it was contended that the court-fee paid by the plaintiff was sufficient in view of the provisions of section 39 (2) of the rajasthan court-fees and suits valuation act, 1961. ..... also contended that any decision by a revenue authority either under the rajasthan land revenue act or under the rajasthan public damands recovery act pertaining to recovery of any amount as arrears of land revenue is subject to the decision of a civil suit, and as such, such a decision by the revenue authority shall only ..... it was also contended that under the provisions of section 257b of the rajasthan land revenue act the entire money has first to be deposited with the department concerned, and thereafter a suit may be filed for setting aside the summary decision of the recovery and for ..... the state, 1960 raj lw 236 = (air 1960 raj 171), wherein it has been held that suit for cancellation of certificate under section 20 of the public demands recovery act was in substance a suit for setting aside the decision of the collector, which was that of a revenue court, and the decision of the collector was .....

Mariyam Vs. Gulam Mohammed

Court : Rajasthan

Reported in : AIR1985Raj143; 1984()WLN357

..... further checking it was revealed that learned counsel had not affixed the court-fee ad volarem against the decree and had paid the court-fee in accordance with article 3(iii)(2)(a) of schedule 11 of the rajasthan court-fees and suits valuation act, 1961 (hereinafter referred to as 'the act'), but the court-fee as held in sohanlal v. ..... it is as follows: --'expressions used and not defined in this act or in the rajasthan general clauses act 1955 (rajasthan act 8 of 1955) but defined in the code of civil procedure, 1908 (central act 5 of 1908), shall have the meanings respectively assigned to them in the ..... the court-fee was payable on the memo of appeal under article 3(iii)(2)(a) of schedule ii of the act the learned judge of the division bench, while passing the order dated march 21, 1984, observed as follows : --'the present appeal has been filed against a judgment and decree passed by the learned single judge arising out of a civil suit and as such court-fee was payable ad valorem according to item j of schedule i of the court ..... article 3(iii)(2) of schedule ii of the act provides for an appeal from 'judgment' of a single judge of the high court of rajasthan, which he may pass under any law for the time being ..... the valuation of the appeal was the same which was of the suit, namely ..... state of rajasthan air 1961 raj 250 (fb), for deciding the case before him, followed the view taken in taju ..... decree', 'judgment' and 'order' have not been defined in the rajasthan general clauses act, 1955. .....