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 .....
Tag this Judgment!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 .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Delhi
..... . by this judgment, the supreme court decided three groups of special leave petitions/appeals/writ petitions which concerned the policy and legality of the levy of court fees in the states of karnataka, rajasthan and maharashtra under the provisions of the karnataka court fees and suits valuation act, 1958, the rajasthan court fees and suits valuation act, 1961 and the bombay court fees w.p ..... . the respondents no.1 and 2 challenged the validity of the aforesaid provisions of levy of court fees and suits valuation act of 1955 with reference to levy of court fees advalorem working out at the rate of 7 per cent without upper limit by contending that the levy is not only exorbitant but wholly arbitrary, unreasonable and unjustified bearing no ..... . on the basis of these conclusions the high court struck down article 1 in schedule 1 to the tamil nadu court fees and suits valuation act and sub-rule 1 of rule 1 of the high court rules, 1956 based on article 1 of schedule 1 to the madras act no.14 of 1955 as invalid against which the aforementioned appeal has been directed ..... . setty)) (xii) the prescription of such high rates of courtfees even in small claims as also without an upper limit in larger claims is perilously close to arbitrariness, an inconstitutionality ..... . for instance if a state were to double courtfee with the object of providing money for road building or building schools, the enactment would be held to be void.. .....
Tag this Judgment!Court : Delhi
..... . by this judgment, the supreme court decided three groups of special leave petitions/appeals/writ petitions which concerned the policy and legality of the levy of court fees in the states of karnataka, rajasthan and maharashtra under the provisions of the karnataka court fees and suits valuation act, 1958, the rajasthan court fees and suits valuation act, 1961 and the bombay court fees w.p ..... . the respondents no.1 and 2 challenged the validity of the aforesaid provisions of levy of court fees and suits valuation act of 1955 with reference to levy of court fees advalorem working out at the rate of 7 per cent without upper limit by contending that the levy is not only exorbitant but wholly arbitrary, unreasonable and unjustified bearing no ..... . on the basis of these conclusions the high court struck down article 1 in schedule 1 to the tamil nadu court fees and suits valuation act and sub-rule 1 of rule 1 of the high court rules, 1956 based on article 1 of schedule 1 to the madras act no.14 of 1955 as invalid against which the aforementioned appeal has been directed ..... . setty)) (xii) the prescription of such high rates of courtfees even in small claims as also without an upper limit in larger claims is perilously close to arbitrariness, an inconstitutionality ..... . for instance if a state were to double courtfee with the object of providing money for road building or building schools, the enactment would be held to be void.. .....
Tag this Judgment!Court : Supreme Court of India
..... bharat vagrants, habitual offenders and criminals (restrictions and settlement) act, 1952; orissa restriction of habitual offenders act, 1952; uttar pradesh habitual offenders act, 1952; rajasthan habitual offenders act, 1953; jammu and kashmir habitual offenders (control and reform) act, 1956; bombay habitual offenders act, 1959; gujarat habitual offenders act, 1959; kerala habitual offenders act, 1960; karnataka habitual offenders act, 1961; andhra pradesh habitual offenders act, 1962; himachal pradesh habitual offenders act, 1969; goa, daman and ..... undesirable work. it perpetuates the idea that some individuals are inherently suited to low-status labour based solely on their birth, reinforcing deep-rooted ..... and remedies that facilitate social redistribution by providing for positive entitlements that aim to negate the scope of future harm therefore, an analysis of discrimination, with a view towards its systemic manifestations (direct and indirect), would be best suited for achieving our constitutional vision of equality and .....
Tag this Judgment!Court : Supreme Court of India
..... served under clause (ii) of sub-section (2) of section 143 after the expiry of twelve months specified in the proviso to sub-section (2) of section 143, as it stood immediately before the amendment of said sub-section by the finance act, 2002 (20 of 2002) but before the expiry of the time limit for making the assessment, re-assessment or recomputation as specified in sub-section (2) of section 153, every such notice referred to in this clause shall be deemed to ..... following time limits for issuing a notice under section 148 for an assessment year: the relevant jurisdiction by virtue of directions or orders issued under sub-section (1) or sub-section (2) of section 120 or any other provision of this act, and the additional commissioner or additional director or joint commissioner or joint director who is directed under clause (b) of sub-section (4) of that section to exercise or perform all or any of the powers or functions conferred on, or ..... itr647(high court of judicature at bombay) 169 db civil writ petition no.14794 of 2022 (high court of judicature at rajasthan) 170 wp(c) no.20919 of 2021 (high court of orissa) 171 wp(c) no.16524/2022 (high court of delhi) ..... the income tax act 1961 also mandates assessing officers to fulfil certain pre-conditions before ..... of assessment thus: an assessment, when taxes are to be levied upon a valuation, is obviously indispensable. ..... no assessment is necessary where the statute itself prescribes the amount to be paid, and this can be recovered by suit. .....
Tag this Judgment!Court : Supreme Court of India
..... law for the time being in force and in case of non- requirement of such certificate from such authority, from any of the following, namely: (i) an architect registered with the council of architecture constituted under the architects act, 1972; or (ii) a chartered engineer registered with the institution of engineers (india); or (iii) a licensed surveyor of the respective local body of the city or town or village or development or planning authority; (2) the expression "construction" includes additions, alterations, ..... in this section, no registered person shall be entitled to the credit of any input tax in respect of any supply of goods or services or both to him unless, (a) he is in possession of a tax invoice or debit note issued by a supplier registered under this act, or such other tax paying documents as may be prescribed; (aa) the details of the invoice or debit note referred to in clause (a) has been furnished by the supplier in the statement of outward supplies and such details have been communicated ..... where the registered person has claimed depreciation on the tax component of the cost of capital goods and plant and machinery under the provisions of the income-tax act, 1961 (43 of 1961), the input tax credit on the said tax component shall not be allowed. ..... on occasions building may be designed and constructed to suit the requirement of a particular industry, trade or business ..... similarly, the rajasthan high court also in lake palace hotels and motels [(1997) 226 itr561(raj .....
Tag this Judgment!Court : Karnataka
..... unfolding of issues, it becomes necessary to direct the learned sessions judges/special court who would entertain complaints against public servants filed by private persons alleging offences punishable under the provisions of the prevention of corruption act, 1988 even if it is an amalgam not to entertain such complaints if they do not comply with the following: (i) the complaint should narrate that the complainant has made his efforts to register a crime before the karnataka lokayukta ..... minister, in a state shall not be less than twelve: provided further that where the total number of ministers, including the chief minister, in the council of ministers in any state at the commencement of the constitution (ninety-first amendment) act, 2003 exceeds the said fifteen per cent or the number specified in the first proviso, as the case may be, then, the total number of ministers in that state shall be brought in conformity with the provisions of ..... material as well as the reply of the chief secretary dated 26-07-2024, added to the fact that several applications for sanction before him are long pending, such as proposal for prior approval u/s 17a of the prevention of corruption act, 1988, dated 9.12.2021 against one shashikala jolle, former minister and another proposal dated 26.02.2024 against murgesh nirani, former minister and a permission for sanction under section 19 of the prevention of ..... s ai g ai u z ai i z z u u v p lp l t v u g ai d c ai 1961 g g u p g z wai c p vg v z .3. .....
Tag this Judgment!Court : Supreme Court of India
..... 2161-2162 of 2024 page 190 of 199 protection under section 79 lapses and does not apply if the intermediary has conspired or abetted or aided or induced, whether by threats or promise or otherwise in the commission of the unlawful act, or if upon receiving actual knowledge , or if the intermediary fails to expeditiously remove or disable access to that material on that resource without vitiating the evidence in any manner on being notified by the appropriate government or its agency that any ..... be required to first establish not just the storage or possession of any child pornographic material, but also any other material to indicate any actual transmission, propagation, display or distribution of any such material or any form of an overt act such as preparation or setup done for the facilitation of the transmission, propagation, display or distribution of such material, whereafter, the statutory presumption would stand attracted, and it shall be presumed by the courts that the said ..... in fact, there are several legislations which also contain similar provisions relating to the statutory presumption of culpable mental state, such as section 35 of the narcotic drugs and psychotropic substances act, 1985 (for short, the ndps act ), section 138a of the customs act, 1962 (for short, the customs act ), section 278e of the income tax act, 1961 (for short, the act, 1961 ) to name a few. ..... cit reported in (2004) 9 scc686examined the scope of section 278e of the act, 1961. .....
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