Judgment Search Results Home > Cases Phrase: rajasthan courtfees suits valuation act 1961 Page 9 of about 8,297 results (0.167 seconds)

TuticorIn Vegetable Marketing Co. (P.) Ltd. Vs. Income-tax Officer and ...

Court : Chennai

Reported in : [2000]243ITR202(Mad)

..... ghasilal : [1965]2scr805 the facts were as under :the respondent therein who was a dealer within the meaning of the rajasthan sales tax act filed a writ petition in the high court of rajasthan challenging the making of assessments on its turnover for the year 1955-56 on the ground that the rules which had been published on march 28, 1955, were invalid ..... ;(f) cases in which professionals in practice may not be able to anticipate their annual income even from the beginning of the year ;(g) cases in which the book profit is not ascertained where income under section 115j of the act has to be computed and offered for taxation ;(h) cases in which an assessment may result in additions which may not be in the nature of concealment or may be due to differences in opinion which could never be anticipated ;(i) cases in which the ..... under section 207 of the income-tax act, 1961 (hereinafter referred to as 'the act'), every assessee is liable to pay advance tax in accordance with sections 208 to ..... petitioner prays for a declaration that the provisions of sections 234b and 234c of the income-tax act, 1961, are unconstitutional, arbitrary, null and void.2. ..... be adopted for collection of revenue and the courts cannot interfere with the legislative instrument merely because there does not exist a provision in the statute giving some discretion to the authorities constituted under the act.sections 234a to 234c of the income-tax act, 1961, have been inserted in the act with effect from april 1, 1989. .....

D. Narayana Gowda and ors. Vs. I.N. Krishna Madystha

Court : Karnataka

Reported in : AIR1976Kant56; 1975(2)KarLJ403

..... further held that if the decree is on the face of the record without jurisdiction and the question does not relate to the territorial jurisdiction or one under section 11 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 passed the decree had jurisdiction to entertain and try the suit, the objection cannot be raised in an execution proceeding. ..... was passed on an application by the decree-holder under section 29 (4) of the karnataka rent control act, 1961 for summary eviction of the judgment-debtor for his failure to pay the rent as required by that section ..... the question whether the court which passed the decree had jurisdiction to entertain the suit depended in that case upon the interpretation of the terms of the agreement of lease and the user to which the land was put at the date of the grant of ..... indicates that the parties were heard and the order was passed under section 29 (4) of the karnataka rent control act, 1961. ..... 1964 on the file of the 1st additional munsiff, bangalore, in which he sought the eviction of his tenant, the present judgment-debtor, under section 21 of the karnataka rent control act, 1961. ..... in : [1961]1scr591 , the land lords filed a suit for eviction and obtained ..... however, relied on decisions in : [1961]1scr591 , (b. v. ..... on behalf of the decree-holder and distinguished the cases reported in : [1961]1scr591 , (b. v. .....

R. Ramachandran Vs. G. Hariharan

Court : Chennai

Reported in : (2001)2MLJ417

..... of sections 55 to 59 of the tamil nadu court fees and suits valuation act contain the necessary safeguards. ..... part of the rule is to the effect that the petition for probate shall be registered and numbered as suit in which the petitioner shall be the plaintiff and the person applying for the citation shall be the defendant.41 ..... in any event, the attestation of the alleged will does not comply with the provisions of the indian succession act, 1925 and the evidence act regarding attestation of the wills and as such, the alleged will of the deceased is no will at all in the eye of law and probate for the same cannot ..... second respondent and his family members for the beneficiaries and that they should be directed to produce the development agreement, power of attorney, application to the competent authority under the income-tax act for permission to sell the property in question, orders passed by the competent authority and all other papers into court.17. ..... is not to the effect that once a person interested in the property of the deceased files an affidavit setting out the grounds for revocation, automatically the petition for probate shall be registered and numbered as a suit even without the court passing any order revoking the probate. ..... as far as the allegation that the valuation with regard to the property is concerned it has been pointed out that if at all the concerned authorities find the value to be low, the respondent may be called upon to satisfy them regarding the value .....

Anoop Chand Vs. Nathmal

Court : Rajasthan

Reported in : AIR1965Raj114

..... there is a provision in the rajasthan court fees and suits valuation rules, 1961, prescribing the use of the minimum number of adhesive labels ..... the plaintiff did not contend in that case that the objection was not warranted by any provision of the stamp act or the rajasthan stump rules and the learned single judge who decided the case assumed wrongly that stamps of improper description had been used. ..... no instrument chargeable with duty shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon, registered or authenticated by any such person or by any public officer, unless such instrument is duly stamped: provided that- (a) any such instrument not being an instrument chargeable with a duty of one anna (or half an anna only), or ..... there is however no provision in the stamp act or the rajasthan stamp rules prescribing the denomination of stamps which can be used or placing any restriction on the use of more stamps than one where one stamp of the requisite value is ..... no similar provision in the stamp act or the rajasthan stamp rules, however. 17. ..... is a revision application by the defendant against an order of the civil judge, bikaner, returning a promissory note to the plaintiff for getting it certified by the collector to be duly stamped under section 37 of the stamp act read with rule 89 of the rajasthan stamp rules 1955. 2. ..... under article 49 of the stamp act the stamp duty payable on it is 25 .....

Smt. Shanti Devi Sharma and anr. Vs. Radheshyam Palod and anr.

Court : Madhya Pradesh

Reported in : 2000(3)MPHT451; 2000(2)MPLJ331

..... fees, recourse has to be made not to the provisions of the suits valuation act, but the relevant provisions of the court fees act.22. ..... and carrying on business in india may sue or be sued in the name of the firm (if any) of which such persons were partners at the time of the accruing of the cause of action, and any party to a suit may in such case apply to the court for a statement of the names and addresses of the persons who were, at the time of the accruing of the cause of action, partners in such firm, to be furnished and ..... the plaintiffs had rightly valued the valuation is correct but suit and paid proper court fees sufficient ..... shri rajiv lochan trust, reported in 1991 mplj 863, it was observed that where the suit was filed on behalf of public trust for a declaration of the right of the trustees so that possession may be delivered to them as the possession was with the additional tahsildar pursuant ..... strictly speaking order 1 rule 10 (1) has no application to a case of this kind because the suit has not been instituted in the name of a wrong person, nor is it a case of there being a doubt whether it has been ..... reported in air 1961 sc 325, wherein it was held that the provisions of order 30 rules 1 and 2 are enabling provisions to permit several persons, who are doing business as partners to sue or be sued in the name of the firm rule 2 would not have been in the form it is if the suit instituted in the name of the firm was not regarded as, in fact, a suit by the partners .....

Kailash Narayan Vs. Bundi Bai and ors.

Court : Madhya Pradesh

Reported in : AIR1978MP94; 1978MPLJ109

..... suits of the following classes shall for the purposes of the court-fees act, 1870, the suits valuation act, 1887, the central provinces courts fees act, 1917, be treated as if the subject-matter of such suits were of the value of ..... ''the rules under section 9, suits valuation act, provide that if a suit for a declaration that an adoption is valid or invalid affects a title to property then the value of that property, if it exceeds ..... be mentioned that this court, while observing that rule 3 of the rules framed under section 9 of the suits valuation act, 1887, by the erstwhile state of judicial commissioner, c. p. ..... are admittedly adopted and extended by this court to the area within the jurisdiction of this court, (hereinafter referred to as the rules) applies to the instant case, further observed that in view of that rule, the valuation of the suit at rupees 400/- was proper as the proviso to that rule was not attracted on account of the admitted position that the property belonged to the plaintiff's husband being his self-acquired property.7. ..... the relevant facts and observations of the fore-quoted decision are quoted herein below:'the plaintiff-appellant apparao filed a suit in the court of the additional subordinate judge, second class, pusad, against the widows of one yeshwantrao and one gunwantrao for a declaration that gunwantrao was not the adopted son of yeshwantrao and in ..... 5,000/- and the plaintiff must pay ad valorem courtfees in accordance with the decision in (air 1930 nag .....

Srimati Sumitra Devi and ors. Vs. Jahnvi Prasad Sah

Court : Patna

..... lal (supra) and this court noticed that the aforesaid judgments were rendered in a suit for mesne profits and were governed by section 7(v) of the court-fees act and provisions of section 8 of the suits valuation act were excluded from being applied to such cases. ..... section 8 of the suits valuation act provides that where in suits other than those referred to in the court fees act, 1870, section 7, paragraphs (v), (vi), (ix) and paragraph (x) clause (d), the court fee are payable ad-valorem under the court-fees act, the value as determinable for the computation of court-fee and the value for the purposes of jurisdiction shall be the same. ..... 5,500/-as valuation of the appeal and an objection was raised by the stamp reporter that the value of the suit for the purposes of jurisdiction as well as for the purposes of court-fees must be the same under section 8 of the suits valuation act and therefore, the value of the suit for the purpose of jurisdiction must have been also taken to rs. ..... according to section 8 of the suits valuation act, the value as determinable for the purpose of computation of court-fee shall be the value for the purpose of jurisdiction. ..... dhanji bhanji gujjar, reported in air 1932 bom 111 and rajasthan high court in the case of samdu khan v. ..... mangal ram, air 1961 him pra 22 and municipal committee, simla v. .....

A. Divakrupamani and Another Vs. A. Sakuntala Devi and Others

Court : Andhra Pradesh

Reported in : 2000(2)ALD754; 2000(2)ALT275

..... court fee and suit valuation act, 1956, which is on the premise that the plaintiff is not in possession but is seeking for decree of partition and possession, the court fee payable is according to the valuation of 3/4th of the market value of the share which the plaintiff sought for. ..... court fee and suit valuation act comes into play when the parties are in joint possession and a fixed court fee is payable having regard to the valuation and the maximum being rs.200/-. ..... court fee and suit valuation act, if a fresh situation arises or fact is brought to its notice, to give check slip as to why proper court fee in the view of the courtshould not be paid. ..... court fee and suit valuation act, 1956 and not under subsection (2) thereof.2. ..... at the inception, the trial court has to go by the recitals of the plaint and if the same is challenged by the defendants at a later point of time, the court can always frame a triable issue as to whether the suit is properly valued and whether the court fee paid is proper. ..... hence, we direct the lower court to number the suit and proceed further and issue notices to the defendants.5. ..... natarajan, : [1980]2scr307 , but the same cannot be considered at this juncture and the same may be projected whenever a requisition is given to the appellants to pay more court fee and if a contest is made on the valuation issue.5. ..... but, these are the stages which will arise later and suffice it to say, at this juncture the suit ought to have been numbered.4. .....

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). .....