Judgment Search Results Home > Cases Phrase: rajasthan courtfees suits valuation act 1961 Page 5 of about 8,297 results (0.109 seconds)

A. Nawab John and ors. Vs. V.N. Subramaniyam

Court : Supreme Court of India

..... said act, two enactments known as the court fees act 1870 and the suits valuation act 1887 (which governed the field of the valuation of suits ..... court fees and suits valuation act, 1955" (hereinafter referred to as the 'tamil nadu act' for the sake ..... valuation of the suits and the payment of court fees in the state of tamil nadu is "the tamil nadu court fees and suits valuation act ..... quoted with approval by this court (supra), dealt with the question whether the payment of deficit in court fee beyond the period of limitation prescribed for filing the suit would retrospectively render the plaint (originally presented within the period of limitation but with deficit court fee) a validly presented plaint:"the argument advanced in that case before ..... courts by appeal or in revision against the order adjudging payment of court fee payable on the plaint.but counsel for the defendant says that by act 14 of 1955 enacted by the madras legislature which applied to the suit in question, the defendant has been invested with a right not only to contest in the trial court the issue whether adequate court fee has been ..... 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 effect should be made to give precedence to provisions in one over those of the other unless ..... 1961 .....

Visvarama Hotels Ltd. Vs. Anjuman-e-imamia

Court : Karnataka

Reported in : ILR1983KAR223; 1984(2)KarLJ185

..... to the order of the hon'ble court that the relief shall be valued under the provisions of section 24(b) of the karnatakacourt fees and suits valuation act, 1958 (as amended) the plaintiffs submit the revised valuation slips as under :-sl.no.description of relief valuecourt fee payable.12341.for declaration of right ofthe plaintiffs : the plaintiffs do not (none of them) claim title to the immoveable property nor seek the possession thereof for themselves ..... plaintiffs based on section 14 of the religiousendowments act, 1863 in these words:'therefore, by no stretch of imagination one can hold that the suit is one under section 14 of the religious endowment act 1863 and hence it is not governed at all by section 44 of the karnatakacourt fees and suits valuation act'.ultimately on the mode of valuation that should be adopted under section 24(b) r/w section 7(d) of the act, the learned judge expressed thus:'in the instant suit the subject matter of the suit is a house site which had a building therein ..... vimla as the plaintiff for various reliefs in relation to several propertiescompendiously called as 'nelliyadi beedu' or dharmastala, she had valued her suit at a particular sum and had paid certain court fee in accordance with the madras court fees and suits valuation act, 1955 which was then in force in the district of south kanara, now called as dakshina kannada, a part of old madras area of the new state of mysore, now called as karnataka. ..... 1961 s.c. .....

Subhash Mahadevasa Habib Vs. Nemasa Ambasa Dharmadas (D) by Lrs. and o ...

Court : Supreme Court of India

Reported in : AIR2007SC1828; 2007(4)ALLMR(SC)324; 2007(4)CTC232; JT2007(5)SC12; (2007)6MLJ992(SC); 2007(5)SCALE34; 2008(4)LH(SC)2880

..... even otherwise, considering the interpretation placed by this court on section 11 of the suits valuation act and treating it as equivalent in effect to section 21 of the code of civil procedure, as it existed prior to the amendment in 1976, it is possible to say, especially in the context of the amendment brought about in section 21 of the code by amendment act 104 of 1976, that section 21a was intended to cover a challenge to a prior decree as regards lack of jurisdiction, both territorial and pecuniary, with reference ..... the policy underlying sections 21 and 99 of the civil procedure code and section 11 of the suits valuation act is the same, namely, that when a case had been tried by a court on the merits and judgment rendered, it should not be liable to be reversed purely on technical grounds, unless it had resulted in failure ..... section 11 of the suits valuation act provided that notwithstanding anything contained in section 578 (section 99 of the present code covering errors or irregularity) of the code of civil procedure, an objection that a court which had no jurisdiction over a suit had exercised it by reason of under-valuation could not be entertained by an appellate court unless the objection was taken in the court of first instance at or before the hearing at which the issues were first framed or the appellate court ..... as seen recited in a deed of partition dated 14.2.1961 entered into by three brothers belonging to a hindu mitakshara family, the said items along with .....

Rajasthan State Industrial Development and Investment Corporation Limi ...

Court : Rajasthan

Reported in : 1985(1)WLN709

..... in these appeals office has raised an objection that the appellants have not paid the requisite court fee as per section 46 of the rajasthan court fees and suits valuation act, 1961, (here in after referred to as 'the act').2. ..... maheshwari, however, submitted that in face of sub-section (2) of section 26 of the rajasthan land acquisition act the award can not be considered to be an order and it will have to be treated as a decree. ..... when specifically the legislature has provided in section 26(2) of the rajasthan land acquisition act that the award shall be deemed to be a 'decree', then even when really the award may not amount to be 'decree' still legally it will have to be taken that it is a 'decree' for all purposes. ..... the proceedings have been initiated under the rajasthan land acquisition act and the claims of the claimants were adjudged on the references having been made by the land acquisition officer. ..... sub-section (2) of section 26 of the rajasthan land acquisition act is in the nature of a deeming provision. ..... there is a specific provision contained in section 26 of the rajasthan land acquisition act, which is reproduced here under:26. ..... these appeals have been filed under section 54 of the rajasthan land acquisition act, 1953 against the awards passed by the civil judge, dungarpur on references having been made by the land acquisition officer under section 18 of the rajasthan land acquisition act. .....

Noor Mohammed Vs. State of Rajasthan

Court : Rajasthan

Reported in : 1988(1)WLN506

..... such a suit falls squarely within the ambit of section 33 of the rajasthan court fee and suits valuation act, 1961. ..... it is, therefore, clear that no direction at this stage could have been given by the trial court at the commencement of the trial of the suit itself, requiring the plaintiff to pay the court fee on an amount exceeding the estimated amount due to the plaintiff which is shown in the plaint.3. ..... sub-section (2) then provides that where the amount payable to the plaintiff as ascertained in the suit exceeds the estimated amount shown in the plaint, no decree directing payment of the ascertained amount shall be passed, until the difference between the fee actually paid and the fee that would have been payable had the suit comprised the whole of the amount so ascertained, is paid by the plaintiff. ..... the plaintiff has, therefore, sought the relief of rendition of accounts and mentioned the tentative valuation for the purpose of court fee at rs. ..... 12,000/- which is the tentative valuation made in the plaint for the purpose of payment of court fee.2. ..... according to sub-section (1) of section 33 in such a suit for accounts the fee shall be computed on the amount sued for as estimated in the plaint. ..... the suit is for rendition of accounts and it arises out of a building contract which was given to the plaintiff by the state government. .....

Achal Singh and anr. Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : 1984WLN658

..... appeals the office has raised an objection that the appellant head opt affixed the court fees under section 46 of the rajasthan court fees and suit valuation act, 1961 (for short 'the act' here in after). ..... (iii) to the high court from an order(1) where the order was passed by a subordinate court or other authority(a) if the order relates to a suit or proceeding, the value of which exceeds one thousand rupees ten rupees(b) in any other case five rupees6. ..... fee an memorandum of appeals against order relating to compensation.the fee payable under this act on a memorandum of appeal against an order relating to compensation under any act for the time being in force for the acquisition of property for public purposes shall be computed on the difference between the amount awarded and the amount claimed by the appellant.schedule ii, article 3--memorandum of appeal ..... in section 26 of the rajasthan land acquisition act there is a specific provision that away every shall be deemed to be a decree and the statement of reasons of every such award is a judgment within the meaning of section 2(2) and section 2(9) respectively of the code of civil procedure. .....

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. Ramavtar and ors.

Court : Rajasthan

Reported in : 2007(1)WLN122

..... case, there is no determination of compensation or interest or solatium and the appellant seek relief of enhancement of compensation, then he is also liable to pay the court fees in light of section 46 of the rajasthan court fees & suits valuation act, 1961 and, therefore, the appellant who is seeking reduction of amount is liable to pay the court fees, which he is seeking to be reduced.18. ..... , under section 46 of the rajasthan court fees & suit valuation act, 1961, court fees is payable on the difference between the amount awarded and the amount claimed by the appellant in ..... section 46 of the rajasthan court fees & suits valuation act, 1961 is unambiguous and provides that the fees shall be computed on the difference between the amount of awarded and the amount claimed by the ..... the language of section 48 of karnataka court fees act, as stated above, is also peri materia of section 46 of the rajasthan court fees & suits valuation act, 1961. ..... also pari materia with section 8 of the court fees act, 1870 and section 46 of the rajasthan court fees & suits valuation act, 1961. ..... preliminary objection about the court fees is sustained and it is held that the appellant is required to pay the court fees ad valorem as per section 54 read with section 46 of rajasthan court fees & suits valuation act, 1961. ..... ganganagar dated 23.01.1995 passed in land acquisition proceedings under section 18 of the rajasthan land acquisition act on reference made by the district collector to the civil court.2. .....

Firm Jai Dev JaIn and Co. Vs. Burmah Shell Oil Storage and Distributin ...

Court : Rajasthan

Reported in : 1969WLN122

..... on behalf of the defendant it is contended that under section 29 of the rajasthan court-fees and suits valuation act, 1961 read with the rajasthan general clauses act, 1955 the valuation of the building should be included, because the building attached to the earth is also immoveable property. ..... one of the questions raised before the appellate court on behalf of the defendants was that the price of the building standing on the land should be included in arriving at the valuation of the land for the purpose of court-fee under section 29 of the rajasthan court-fees and suits valuation act, 1961. ..... there the plaintiffs who had brought the suits asserted proprietory title to the land as well as the building standing on the land and it was in these circumstances that it was held that the value of the building is to be added to the value of the land to arrive at the valuation of the suit. ..... the defendants have resigned from the dealership and the plaintiff has instituted the present suit for possession over the land. .....

Pukhraj and anr. Vs. Kunji and ors.

Court : Rajasthan

Reported in : 1997(3)WLC267; 1997(1)WLN537

..... he invited my attention to the provisions of section 15 and 40 of the rajasthan court fees and suits valuation act, 1961.3. ..... court fees & suits valuation act, 1961 (hereinafter referred to as the act of 1961) read with section 45 of that act and submitted that at the most rs. ..... -the provisions 10 to 13 relating to determination and levy of fee on plaints in suits shall apply mutatis mutandis to the determination and levy of in respect of a memorandum of appeal, cross-objection or other proceedings in second appeal or in an appeal from the judgment of a single judge of the high court of rajasthan under any law for the time being in force.8. ..... since the effect of the decree is the dismissal of the suit for part of the land only the plaintiff-appellants are liable to pay court fee only on the valuation of that part of land. ..... obviously the point at issue was very different in that case and on the analogy of that case it cannot be held that clause (e) of section 40 of the act of 1961 will be applicable.12. ..... therefore, the plaintiffs were required to pay full court fees as per the provisions of section 15 read with section 40(a) of the act of 1961.16. ..... chopra that this case falls within clause (e) of section 40 of the act of 1961. ..... when the suit stood dismissed and the plaintiffs filed this appeal against the judgment and decree they were certainly required to pay court fee in terms of section 15 of the court fees act which reads as follows:15 fee payable on appeals etc. .....