Court : Rajasthan
Reported in : 2002(4)WLC321; 2002(5)WLN260
..... 1986 rlr 248, this court, in a case similar to the case in hand, held that for the purpose of rajasthan court fee & suit valuation act, 1961, in a suit for pre-emption, valuation should be on consideration for sale which pre-emptor seeks to avoid. ..... , this court examined a similar issue under the rajasthan court fee & suit valuation act, 1961 and held that if the defendant pleads in his written statement that the subject matter of the suit has not been properly valued, or that the court fees paid is not sufficient, questions arising on such plea shall be taken and decided before hearing of the suit as contemplated by order 14 of the code. ..... abdul majid : [1988]3scr507 , the hon'ble supreme court considered a case under the provisions of the court fee act and the suit valuation act and held as underif a plaintiff chooses whimsically a ridiculous figure, it is tantamount to not exercising his right in this regard. ..... the court observed as under-but there may be cases under section 7(iv) (of the court fee act, 1870 and the suit valuation act, 1887) where certain positive objective standard may be available for the purpose of determination of the valuation of the relief. ..... the court further held that even if the application under order 7 rule 11 of the code has not been filed but valuation of the suit has been objected in the written statement, as it is a pure question of law, the court must treat it as a preliminary issue and decide it as such at the initial stage. .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1982Raj212; 1981()WLN607
..... in view of the special features of this case, 3/4th of the court-fees shall be refunded under the provisions of the rajasthan court-fees' and suits valuation act to mr. ..... srilal (1980 raj lw 301), in which the learned judge of this court observed as under :--'rajasthan money lenders act -- as introduced by amending act, section 26 (b) --whether retrospective suit, in amended section 26 (b) of the act, embraces within its ambit even the pending suits. ..... this is a second appeal in a civil suit which has been dismissed by both the courts below on the precise ground of non-compliance of the rajasthan money lenders act, 1968.2. mr. ..... there cannot be any dispute about this principle of law which is well settled, however, as discussed above, it all depends upon the scheme of the act, intention to enact a particular statute and merely on the basis of generalisation when expressly by providing contra-language in section. ..... it is enjoined that the court shall dismiss the whole suit where it finds that the provisions of sections 22 and 23 of the act have not been complied with by the money-lender, in respect of the whole claim.'4. ..... oil mills, (air 1961 sc 1596) and after taking guidance from the principles, examined the amending act by which section 26 (b) was substituted.6. .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Karnataka
Reported in : (1986)53CTR(Kar)153; ILR1985KAR1151; [1985]153ITR774(KAR); [1985]153ITR774(Karn)
..... fees and suits valuation act of 1958. ..... unfortunately, the tribunal and the iac have not even borne in mind the above principle of valuation that was more relevant to the determination of the fair market value of the property and on a total misapprehension of the legal principles, the parties have also not place all relevant evidence to ..... the importance of the locality, the details of the property, the building and the improvements effected from time to time, virtually adopted this valuation and found that the fair market value exceeded the apparent consideration by 25 per cent. 44. ..... we are of the view that panchanan das' case : [1979]116itr272(cal) decided by the same high court under chapter xx-a of the act, in so far as it relates to the fair market value of the popery applying the rental value methods is only a decision on the facts of that case and does not ..... but we, however, direct the iac not to permit the appellants to urge any contention on the validity of chapter xx-a of the act or on the validity of the proceedings initiated by him on the ground urged before the tribunal or before us and found against them ..... 2scr800 , the supreme court dealing with the question whether this court had original jurisdiction to entertain a civil suit or not and grant a temporary injunction, explained the meaning of the said term in these words (pp ..... act of 1961 (central act ..... the fair rent fixed by the rent controller under the karnataka rent control act of 1961, is not in dispute. ..... 1961) ('the act .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2005(102)ECC449; 2005(188)ELT129(SC); JT2005(12)SC281; (2005)7SCC725
..... xxx xxx ii) "relevant date" means: (a) in the case of excisable goods on which duty of excise has not been levied or paid or has been short-levied or short-paid- (a) where under the rules made under this act a periodical return, showing particulars of the duty paid on the excisable goods removed during the period to which the said return relates, is to be filed by a manufacturer or a producer or a licensee of a warehouse, as ..... levied or paid or has been short- levied or short-paid or erroneously refunded by reason of fraud, collusion or any willful mis- statement or suppression of facts, or contravention of any of the provisions of this act or of the rules made thereunder with intent to evade payment of duty, by such person or his agent, the provisions of this sub-section shall have effect, for the words "six months", the words "five ..... section 80p(2)(a)(iii) of the income tax act, 1961 noted that 'the amendment does not seek to touch on the periods of limitation provided in the act, and in the absence of such express provision or clear implication, the legislature clearly could not be taken to intend that the amending provisions authorizes the income tax officer to commence proceedings which before the new act came into force, had, by the expiry ..... of rajasthan ..... (3) no suit or other proceedings shall be maintained or continued in any court, tribunal or other authority for any action taken or anything done or omitted to be done, in respect of any goods under the said notifications, .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1980Kant95
..... record without jurisdiction and the question does not relate to the territorial jurisdiction or under section 11 of the suits valuation act, objection to the jurisdiction of the court to make the decree may be raised; whether it is necessary to investigate facts in order to determine whether the court which had passed the-decree had no jurisdiction to entertain and try the suit, the objection cannot be raised in the execution proceedings. ..... on the execution side, munshi raised the contention that the court of small causes had no jurisdiction at all to entertain the suit, as according to him, parts ii and iii of the bombay act 57 of 1947 did not apply to open lands and that the entire proceeding culminating in the order of affirmance of ejectment ..... ) are pressed into service by the learned counsel during the arguments it is necessary first to examine the relevant provisions of the bombay act in relation to corresponding provisions of the karnataka act and the question falling for determination in said two cases.in section 5(8) of bombay act (act 57 of 1947) the expression 'premises' is defined inter alia to mean, unless there is anything repugnant to the subject or context, 'any land not being ..... following question of law arising under the provisions of the karnataka rent control act, 1961 for the opinion of the full bench. ..... under proviso to section 21 (1) of the karnataka rent control act, 1961 (hereinafter called the 'act') instituted by the petitioner against respondents in h. r. c. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1978(11)WLN530
..... suit for the purposes, of court fee and jurisdiction under section 26 of the rajasthan court fees, and suit valuation act ..... perfectly proper, being in accordance with section 7(iv) of the court fees act, 1870 and it is the valuation for court fees which must govern the valuation for purposes of jurisdiction under section 8 of the suits valuation act. ..... property and that must be valued in accordance with section 7(v) of the court-fees actand the question referred to the special bench was answered as follows:(1) valuation of a suit for ejectment of a licensee, upon revocation or termination of his licence, either for purpose of court fees or for the purpose of jurisdiction shall be made under the provisions of section 7(v) ..... la[;k 1 okni= [kkyh djs o bl edku es tks hkh jn~nkscny fd;s gs ;k nksjku nkok djs mls bhd djds igys tslk lvsvl dks dk;e djs ahe contended that this is a suit virtually for possession by ejecting the defendant and since after the revocation of the licence, the possession of the defendant is that of trespasser, the plaintiff should pay ad valorem court-fee on the ..... where the licenser continues to remain in not only juridical possession, but in physical possession along with the licensee, and in such a case in terms of section 63 of the indian easements act it is sufficient if he asks for removal of the licensee and a permanent injunction against him restraining him from re-entering the premises, because in that case there is no question of his asking ..... 1961 ('the act ..... 1961 ..... 1961 .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1976Kant13; 1975(2)KarLJ241
..... proceeding so as to displace the jurisdiction of the court which passed the decree if the decree is on the face of the record without jurisdiction and the question does not relate to the territorial jurisdiction or under section ii of the suits valuation act, objection to the jurisdiction of the court to make the decree may be raised; where it is necessary to investigate facts in order to determine whether the court which had passed the decree had no jurisdiction to entertain and try the ..... hence it cannot be disputed that the lease in respect of the suit schedule site was covered under the mysore rent control act 1961 when the above suit was filed. ..... within the limits of old town municipality bhadravati there is no dispute that mysore rent control act, '1961 was applicable to the lease of houses and sites situated in municipal limits of bhadravathi town -as on the date of filing of the suit ......... ..... hariam bibi (1966) 1 mys lj 162, it has been held that the principal mandate of section 21 of the mysore rent control act, 1961 is in the form of prohibition towards the court against making any order or decree for recovery of possession.he next relied on the decision in state of madras v ..... the appellant contended that the decree obtained by the respondent is a nullity on the ground that the munsiff court, bhadravathi, did not have jurisdiction to pass a decree for eviction, since the subject-matter of the suit was governed by the provisions of the mysore house rent, control act, 1961. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1988KAR457; 1988(1)KarLJ249
..... in this regard the learned counsel places reliance on section 4 of the karnataka court fees and suits valuation act, 1958 and submits that as the plaint was written upon the paper insufficiently stamped, it was not entitled to be acted upon. ..... in our view in considering the question as to the maintainability of an appeal when the court fee paid was insufficient to start with but the deficiency is made good later on the provisions of the court fees act and the code of civil procedure have to be read together to form a harmonious whole and no effort should be made to give precedence to provisions in one over those of the other unless the express words of a statute clearly over- ..... bearing on the point, there can, in our opinion, be no doubt that section 4 of the court fees act is not the last word on the subject and the court must consider the provisions of both the act and the code to harmonise the two sets of provisions which can only be done by reading section 149 as a proviso to section 4 of the court fees act by allowing the deficiency to be made good within a period of time fixed by it. if the deficiency is ..... it is not in dispute in this case that if the plaint is deemed to have been filed on 20-10-1972 the suit will be barred by time in as much as, as per the finding recorded by the trial court, the cause of action arose on 17-5-1969, the date on which the work was taken over by the department and entrusted to another contractor. .....
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