Judgment Search Results Home > Cases Phrase: rajasthan courtfees suits valuation act 1961 Court: mumbai Page 1 of about 503 results (0.125 seconds)

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. .....

Shri Basant Kumar JaIn Vs. Chief Executive Officer, Maharashtra Indust ...

Court : Mumbai

Reported in : 2005(1)ALLMR772; 2005(1)BomCR246; 2005(2)MhLj950

..... emphasis supplied)the apex court further observed thus:'it is next contended that even treating the matter as governed by section 11 of the suits valuation act, there was prejudice to the appellants, in that by reason of the under-valuation, their appeal was heard by the court of inferior jurisdiction, while they were entitled to a hearing by the high court on ..... 'whether on the touchstone of section 21(2) of the code of civil procedure read with section 11 of the suit valuation act the lower appellate court was justified in entertaining and upholding an objection to the pecuniary jurisdiction of the trial court, when no such objection was raised before the trial court and no prejudice or ..... section 11 further and reading clause (a) and (b) of the section, apex court observed thus:'there is considerable authority in the indian courts that clauses (a) and (b) of section 11 of the suits valuation, act should be read conjunctively, notwithstanding the use of the word 'or'. ..... considered the matter in full benches, and have come to the conclusion that mere change of forum is not a prejudice within the meaning of section 11 of the suits valuation act, in our judgment the opinion expressed in these decisions is correct. ..... the plaintiff alleged that as per section 2(ii) of the maharashtra industrial act, 1961 (the 'mid' act for short) wherever plot is reserved for an amenity, the state government is required to specify such purpose by publishing notification in ..... state of rajasthan, (iii) .....

Manmohan Muttappa Attavar, Vs. Harendra Sakarlal Parikh,

Court : Mumbai

Reported in : 2003(3)ALLMR98; 2003(6)BomCR423

..... shri krishna lal karla , that was a decision be based on the provisions of clause (iv) of section 7 of the court fees act, which gives the right to the plaintiffs in any of the suit mentioned in the clauses of that paragraph to place any value that he likes for the relief he seeks, subject to, however, to any rule made under section 9 of the suits valuation act and the court has no power to interfere with the plaintiff's valuation. ..... parikh contended that it is the plaint which will determine the valuation of the suit and unless it is shown that the valuation was not correct for any reason, only then it is open for the court to interfere in the same. mr. ..... there are certain other relevant statements also in the plaint which would suggest that the plaintiff had enough material at the time of filing of the suit to draw the valuation on approximate basis which definitely would have ousted the jurisdiction of the court. ..... in the case before the supreme court cited supra, the court had reached to the conclusion that the valuation made by the plaintiff was arbitrary and unacceptable and the supreme court did remand the matter accordingly. ..... in the opinion of this court, there is enough material on record even from contents of the plaint itself that the plaintiff could have definitely reached to such a valuation which though may not be the exact but definitely closure to exact or the approximate estimated claim of the plaintiff. ..... and (11) : [1961]3scr1015 sir rathnavaramaraja v. .....

The Maharashtra State Electricity Board, at Present Maharashtra State ...

Court : Mumbai

Reported in : 2007(2)ALLMR563; 2007(2)BomCR76

..... there is controversy regarding interpretation of the provisions of the court fees act or suits valuation act then the plaintiff is required to prefer an appeal against adverse finding which entailed dismissal of the suit. ..... it was just a formality to prefer an appeal inasmuch as the plaintiff had not raised any question related to interpretation of the bombay court fees act or the suits valuation act. ..... then following proviso was added:provided that the time fixed by the court for the correction of the valuation or supplying of the requisite stamp-paper shall not be extended unless the court, for reasons to be recorded, is satisfied that the plaintiff was prevented by any cause of an exceptional nature for correcting the valuation or supplying the requisite stamp-paper, as the case may be, within the time fixed by the court and that refusal ..... in the given case, single bench of this court held that when suit is dismissed on ground of plaintiff's failure to take proper steps for service of summons to defendants, remedy is provided under section 9 rule 5(1)(2) of the ..... petition involves question whether inherent powers available under section 151 of the civil procedure code could be invoked by the trial court for allowing extension of time to deposit deficit court fees and restoration of suit when the plaint was rejected under order vii rule 11 of the c.p.c. ..... ganga das : [1961]3scr763 the apex court held that the court can extend time under sections 148, 149 and 151 to pay deficit court .....

Lawyers Collective, a Society Registered Under the Societies Registrat ...

Court : Mumbai

Reported in : 2010(112)BomLR32; [2010]186TAXMAN494(Bom)

..... practicing in non-litigious matters as well as litigious matters practised by persons before the supreme courts and high courts is accepted, then it would render the advocates act, 1961 ultra vires the constitution, because the 1961 act is enacted in exercise of powers vested in the central government under entry 77 and 78 in list of the seventh schedule to the constitution which specifically provides for ..... 12, submitted that the argument of the petitioner that the permission granted by rbi to the foreign law firms to establish liaison offices in india is in violation of the 1961 act, is completely misconceived because, the 1961 act is enacted by the parliament in exercise of the powers conferred under entry 77 and 78 in list i to the seventh schedule to the constitution, which relate to ..... their place of business in india (liaison office) under section 29 of the foreign exchange regulation act, 1973 are legal and valid ' secondly, assuming such permissions are valid, whether these foreign law firms could carry on their liaison activities in india only on being enrolled as advocates under the advocates act, 1961 'to be specific, the question is, whether practising in non litigious matters amounts to 'practising the ..... 2202 has inter alia held thus:.there is no statutory provision decisive of this issue (whether a pleader can compromise a suit in the interest of his client, though the vakalatnama is silent) and we have to garner the principles from various factors like the status .....

Vodafone International Holdings B.V., a Company Incorporated Under the ...

Court : Mumbai

Reported in : 2009(4)BomCR258; (2008)220CTR(Bom)649; [2009]311ITR46(Bom)

..... tata chemicals ltd : [1974]94itr85(bom) with reference to the similar or almost identical provisions in section 9(1) of the income tax act, 1961 that in order to rope in the income of a non-resident under the deeming provision it must be shown by the department that some of the operations were carried out in india in respect of which the income is sought ..... march, 2007.7th may, 2007conditional approval by the fipb stipulating that there should be compliance and observance of applicable laws and regulations of india, which would naturally include tax obligations under income tax act.8th may, 2007:petitioner enters into an agreement with htil to provide for the retention of us$ 352 million out of total consideration payable by it to htil to meet certain specific liabilities which ..... with regard to third parties, this may be right enough - they have no responsibility for the conduct of the suit, but with regard to the parties to the suit it is, in their lordships's opinion, an inversion of sound practice for those desiring to rely upon a certain state of facts to withhold from the court the written evidence in their possession which would ..... this is also clear from the explanation to the valuation section which says that no act or acts on the part of any person shall be punishable as an offence which would not have been so punishable if the section had not come into force.the liability to pay interest would only arise on ..... state of rajasthan : [1966]1scr890 ; supreme ..... of rajasthan : .....

Abasaheb Yadav Honmane and Ashwini Abasaheb Honmane Vs. the State of M ...

Court : Mumbai

Reported in : 2008(2)MhLj856

..... the provisions contained in section 345 an offence can be legally compounded under the code only if the code specifically provides that the offence can be compounded.6.5 the full bench of rajasthan high court in the case of mohan singh (supra) clearly enunciated the principle in relation to compounding of offences under section 320 of the code and the court held as under:in madhu limaye v. ..... read with sections 4 and 6 of the dowry prohibition act, 1961, on the ground that the continuation of the proceedings amounted to harassment to the husband and also ..... , calcutta : 1996crilj3501 , at the very initial stage of the criminal proceedings where the parties had compromised civil suits for recovery as well as agreed to compound the offences under sections 405, 420, 468 and 471 of the code, such compromise having been already entered into in civil proceedings, ..... ambit of court's power under section 482 and the principles governing for quashing of the criminal proceedings, the court said that every high court has inherent power to act 'ex debito justitiae' to do real and substantial justice for the administration of which alone it exists, or to prevent abuse of the process of the court. ..... the previous sanction of the state government or of such officer as the state government may by general or special order specify in this behalf as required by the proviso to section 4 of the act.3.8 we may also notice a full bench judgment of the rajasthan high court in the case of noor taki alias mammu v. .....

Star Television News Limited Vs. Union of India (Uoi) Through the Secr ...

Court : Mumbai

Reported in : 2009(111)BomLR3617; (2009)225CTR(Bom)140; [2009]317ITR66(Bom); [2009]184TAXMAN400(Bom)

..... made under section 245c before the first day of june, 2007, but an order under the provisions of sub-section (1) of this section, as they stood immediately before their amendment by the finance act, 2007 has not been made before the 1st day of june, 2007 such application shall be deemed to have been allowed to be proceeded with if the additional tax on the income disclosed in such ..... date is even more apparent when it is noticed that the settlement commission is not being wound up, but on the contrary even after the amendments made by the 2007 act came into effect on 1st june 2007, the act permits the filing of fresh applications before the settlement commission - a clear recognition by parliament that the assumptions made by the wanchoo committee and the rationale given by it ..... the arbitrariness becomes more palpable when even in cases where the applicant has paid the additional tax and the interest thereon as required under the amended provisions of the act and has fully co-operated with the settlement commission in ensuring expeditious disposal of its application, the availability of such confidential information to the it authorities is made ..... settlement commission on 5th march, 2007 under section 246-c of the income tax act, 1961 (hereinafter shall be referred to as the act) for settlement of the cases. ..... central valuation board : air 2007 sc 2276 the court held that where an independent authority was conferred with a decision making power which was unlimited and plenary powers .....

Harjit Singh Sohal and Jasvinder Singh Sohal Vs. Indian Bank, a Bankin ...

Court : Mumbai

Reported in : 2009(3)BomCR390; 2008(111)BomLR357; 2009(2)MhLj187

..... section.28(5) the recovery officer may recover any amount of debt due from the defendant by distraint and sale of his movable property in the manner laid down in the third schedule to the income-tax act, 1961 (43 of 1961).schedule ii of income tax act, 1961-rule 58- in default of payment within the period mentioned in the preceding rule, the deposit may, if the tax recovery officer thinks fit, after defraying the expenses of the sale, be forfeited to the ..... rule 58 of schedule ii of the income tax act 1961 makes it clear that in default of payment within the period prescribed, the deposit can be forfeited to the government and the property is liable to be ..... view of the rule 58 of schedule-ii of the income tax act, 1961 which is made applicable in the matter of recovery by virtue of section 28(5) of the debt recovery act. ..... grant of such prayer would be contrary to the very provisions of the drt act which provides for pre- deposit in the event of appeal at the instance of the borrower/judgment debtor.19. ..... as provided in sub-section (2), any person aggrieved by an order made, or deemed to have been made, by a tribunal under this act, may prefer an appeal to an appellate tribunal having jurisdiction in the matter. ..... the said suit was transferred to the debt recovery tribunal-ii, mumbai, ('the drt' for short) on the establishment of the said trubunal, numbered as original application ..... the suit was, thereafter, decreed on 20th june, ..... the respondent-bank in the year 1993 filed suit bearing no. .....

Vodafone International Holdings B.V. Vs. Union of India (Uoi) and anr.

Court : Mumbai

..... in concluding this portion of the judgment, the principles which should govern the interpretation of section 195 of the income tax act, 1961 can be formulated as follows :(i) section 195(1) provides for a tentative deduction of income-tax, subject to a regular assessment;(ii) section 195 postulates two requirements: firstly, there is a person responsible for ..... on 15 march 2007, the joint director of income tax (international taxation) issued a notice under section 133(6) of the income tax act, 1961 to hel seeking information regarding the sale of the stake of the hutchison group, hong kong in hel to vodafone group plc, including in relation to the shareholders agreements ..... section 195 postulates that any person responsible for paying to a non-resident, not being a foreign company, or to a foreign company any interest or any other sum chargeable under the provisions of the act ( not being income chargeable under the head 'salaries') shall, at the time of credit of such income to the account of the payee or at the time of payment thereof in cash or by the issue of ..... at hand, the supreme court held that the entire catch of fish was brought to an indian port and after valuation was complete, the charter fee in the form of 85% of the catch was paid to and received by the ..... a case where the assessee had mica mines and a factory at bhilwara in rajasthan which was a part-b state. ..... (rajasthan, manipur, mizoram and tripura) @ i (chennai, andhra pradesh, karnataka, haryana, uttar pradesh (east) .....