Judgment Search Results Home > Cases Phrase: rajasthan courtfees suits valuation act 1961 Court: rajasthan Page 1 of about 527 results (0.050 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 .....

Union of India (Uoi) Vs. J.P. Sharma and ors.

Court : Rajasthan

Reported in : AIR1982Raj245; 1982()WLN105

..... the rajasthan court-fees and suits valuation act, 1961 (for short, 'the act of 1961' hereinafter) was in force when the arbitrator filed his award in the court of district judge, ..... schedule ii of the act of 1961, article 4, on a memorandum of appeal under section 39 of the arbitration act, 1940, where the valuation for jurisdiction exceeds rs. ..... had been remitted to him; it failed to discharge his duties by not allowing the union of india to produce oral as well as documentary evidence after the award had been remitted to him; that the arbitrator acted with the bias that to change his previous decision, would tell upon his prestige; that the amount of fees which both the parties had to pay in advance, were both exorbitant and unreasonable; that ..... when an award is remitted to the arbitrator all his original powers so far as they are not affected by the order remitting the award or the provisions of the arbitration act, are, it would seem, revived, but his power and duties cannot exceed those which are necessary to give effect to the order of the court, can hardly be disputed ..... the union of india, invoking clause 33 of the agreement which provided for arbitration in the matters of all disputes between it and the contractor, filed an application under section 34 of the arbitration act before he district judge who accepted the application and stayed the suit directing that the parties were free to get the matter adjudicated upon by an arbitrator as provided in clause 33 of the agreement. .....

Vastulal Pareek Vs. Pareek Commercial Bank Ltd.

Court : Rajasthan

Reported in : AIR1964Raj202

..... bepayable on a memorandum of appeal against such an order under the rajasthan court-fees and suits valuation act, 1961 (act no. ..... in respectful agreement, though, with utmost deference, we cannot but point out that when they further observed that they were doubtful whether such an order would fall under schedule 2 article 11 of the court-fees act, they seem to have said so by sheer inadvertence and we are not quite able to follow them.once it is held that an order like the one with which we are concerned neither amounts to a decree nor to ..... an order having the force of a decree, and, therefore, does not fall for purposes of court-fee under article 1 of schedule 1 of the court-fees act, then the conclusion seems to us to be clear and indeed inevitable that such an order must fall for purposes of court-fee under schedule 2 article 11 of the said ..... his judgment, the learned company judge speaks of this as a suit under section 45b of the act by the pareek commercial bank limited in liquidation through the official ..... so, the question must fall to be governed by the provisions of the rajasthan court fees act (adaptation) ordinance, 1950 (ordinance no. ..... stage, we must read section 45-t of the act which, omitting its immaterial portion, reads as follows :'(1) all orders made in any civil proceeding by a high court may be enforced in the same manner in which decrees of such court made in any suit pending therein may be enforced. .....

Sohan Lal and anr. Vs. Bhagwan Das and anr.

Court : Rajasthan

Reported in : AIR2004Raj33; 2004(1)WLC451

..... of schedule 1 of the court-fees & suits valuation act, 1961, (hereinafter referred to as 'the court-fees act'), no court-fees is payable on this.6. ..... yet, an arbitrary valuation of the suit property having no basis at all for such valuation and made so as to evade payment of court-fee and fixed for the purpose of conferring jurisdiction on some court which it does not have, or depriving the court of jurisdiction which it would otherwise have, can ..... plaint as it ought to have been framed unless by astuteness employed in drafting the plaint the plaintiff has attempted at evading payment of court fee or unless there be a provision of law requiring the plaintiff to value the suit and pay the court-fee in a manner other than the one adopted by the plaintiff. ..... no income-tax clearance certificate was required because the valuation of the plots was less than the limit which was required to submit the income-tax clearance certificate and the petitioners having already paid the development charges, the ..... the pleadings of the defendants, then, the defendants cannot say that it is not a claim raised by them in their pleadings, which is not liable to be supported by court-fee paid in terms of section 21 of the court fees act which says that a party is liable to pay court fees on the relevant claim.10. ..... in the case ofkamaleshwar kishore singh (supra) has heldthat it is the substance of the relief soughtfor and not the form which will be determinative of the valuation and payment ofcourt- fees.16. .....

Pushpa Devi Vs. Motl Lal and ors.

Court : Rajasthan

Reported in : RLW2009(1)Raj322

..... court fee at the rate of 3% on the valuation of the assets, which are sought to have been bequeathed upon her in accordance with sections 50 and 51 of the rajasthan court pees and suit valuation act, 1961 read with article 6 of schedule i to the said act, therefore, the application deserves to be rejected. (23). ..... 25/- as per clause 11 (j)(i) of schedule (ii) of rajasthan court fees and suit valuation act, 1961 and the fee of 3% on the valuation of the assets bequeathed on the propounder of the will, the present applicant, would be payable only upon the said probate certificate being granted by this court by allowing the present application and at the time of issuing of probate certificate as per article 6 of schedule (i) of the said act of 1961.24. ..... requisite probate certificate in prescribed form may be issued to her upon deposit of court fee in accordance with the provisions of rajasthan court fee and suit valuation act, 1961.no order as to costs. ..... the said application also seeks to raise objections regarding non-compliance as to the payment of court fee along with the said application as per provisions of section 50 and 51 of the rajasthan court fee and suit valuation act, 1961. ..... the question of valuation and payment of court fee at the rate of 3% of such valuation is also not justified inasmuch as separate fee has been prescribed for application under section 276 of the act as per clause 11(j)(i) of the schedule (ii) of the act of 1961 which is only rs. .....

L.Rs. Gafoor Khan and Others Vs. AmiruddIn and Another

Court : Rajasthan

Reported in : 2012AIR(Raj)35

..... against n order or decree of the trial court passed in a suit filed under section 6 of the specific relief act shall be payable as per article no.11(p) of the schedule ii of the rajasthan court fees and suits valuation act, 1961 and the judgment in laxman singhs case does not lay down correct law in the matter of leviability of court fees on revisions filed against the decision of a suit filed under section 6 of the specific relief act. ..... jain learned counsel on behalf of the defendant-petitioners has contended that this revision petition being properly valued and paid with court fee as per schedule ii of rajasthan court fees and suits valuation act, 1961 and as per article 11 (p) of the aforesaid sch. ..... 20,000/- as per section 28 of the rajasthan court fees and suits valuation act, 1961 and also valued the suit for recovery of amount of rs. ..... on the revision petition presented to the high court under section 115 of the code of civil procedure rising out of a suit or proceedings, to treat the revision as appeal treating the judgment of the learned trial court to b decree so s to attract liability of ad valorem court fees, does not appear to be t all acceptable, clause (p) of article 11 of schedule ii of rajasthan court fees and suits valuation act does not at all admit any such distinction as is assumed by the learned judge in laxman singhs case (supra). .....

R.F.C. Vs. Anis Ahmed Habib Khan and ors.

Court : Rajasthan

Reported in : RLW2009(1)Raj919

..... as per the rajasthan court fees and suit valuation act, 1961 also the parties are required to pay the court fees for the relief claimed by them and as per section 6 of the act of 1961 if separate and distinct reliefs are sought then the parties are required to pay the fee of aggregate value of the reliefs and if relief sought is only ..... ancillary then to pay the court fees for the main relief and where more than one reliefs then one based on the same cause of action are sought in the alternative in any suit, the fees is ..... payable the highest of the fees leviable on the reliefs and further where a suit embraces two or more distinct and different causes of action and separate reliefs are sought based on them, either alternatively or cumulatively, the ..... from time to time and lastly by the indian limitation act, 1963 provides various limitations for different subject matters and as per the schedule appended to the indian limitation act, 1963 (hereinafter referred to as the act of 1963) the first division of the schedule to limitation act, 1963 prescribes the limitation for filing the various types of suits and different suits have been covered as far as possible in one or .....

Shri Pooran Industries and Oil Mills and Anr. Vs. Suvina's Enterprises ...

Court : Rajasthan

Reported in : AIR2007Raj47

..... section 21 of the rajasthan court fees and suits valuation act, 1961 (for short 'the act') deals with suits for money. ..... the plaintiff-appellants challenged the above judgment and decree dated 5-3-2000 of filing first appeal before this court, with the prayer that plaintiffs' suit be decreed and the counter claim of the defendants be dismissed with costs throughout.3. ..... the learned trial court, at the conclusion of trial, dismissed the plaintiffs' suit and decreed the defendants' counter-claim against the plaintiffs for a sum of rs ..... 91830/- in favour of the defendants, therefore, in view of the provisions of section 47 of the act the plaintiffs are required to pay court-fee on the amount of 91830/- inasmuch as the counter claim is the subject matter of the appeal and the fee payable in this appeal shall be the same as the fee ..... that portion of the discharge of the suit amount as raising the counter-claim cannot be considered by the appellate court on the principle of res ..... thus counter-claim is substantially a cross suit, which enables a defendant to enforce a claim against the plaintiff as effectively as in an independent ..... the plaintiffs filed a money suit against the defendants for recovery of a sum of ..... they have challenged the judgment and decree of the court below, dismissing their suit for recovery of rs. ..... section 47 of the act provides that the fee payable in an appeal shall be the same as the fee that would be payable in the court of first instance on the subject-matter of the .....

Smt. Jameela Vs. Man Singh

Court : Rajasthan Jodhpur

..... submitted by learned counsel for the appellant that the suit was valued under section 40(d) of the rajasthan court fees and suit valuation act, 1961 ('the act of 1961') and, therefore, the courts below were not justified in insisting for proper valuation of the suit and dismissing the same under order vii, rule ..... the consideration is wholly meaningless and cannot bind the court regarding the 6 valuation of the suit for the purpose of court fees and jurisdiction etc.in view of the above, it is apparent that the trial court/appellate court was justified in insisting for disclosure of the proper valuation of the suit and was also justified in directing the plaintiff to correct the valuation and on his failure to comply with the order was justified in rejecting ..... by the defendant and the averments made in the plaint were accepted; however, the trial court by its order dated 20.07.2012 directed the plaintiff to file the market value of the suit property and by order dated 28.07.2012 it came to the conclusion that the valuation of the suit was not proper and, therefore, directed the plaintiff to properly value the suit and produce the same thereafter. ..... a bare reading of the said provision would reveal that the court fees is required to be paid in a suit for specific performance in the case of contract of exchange after computing the same on the amount of the consideration or the case may be on the market value of the property sought ..... section 40(d) of the act of 1961 provides thus:- 40. .....