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ishwarappa Malleshappa Manvi Vs. Dhanji Bhanji Gujjar

Court : Mumbai

Reported in : AIR1932Bom111; (1932)34BOMLR44

..... the bombay civil courts act must, however, be read in the light of the suits valuation act,1887, -which (as indicated by its preamble) prescribes the mode of valuing certain suits, for the purpose of determining the jurisdiction of courts, with respect ..... 6 of the civil procedure code saves any express provision to the contrary and must be read subject to the provisions of the suits valuation act, vii of 1887, which is enacted to prescribe the mode of valuing certain suits for purpose of determining jurisdiction of courts with respect thereto. ..... according to section 8 of the suits valuation act, vii of 1887, in a suit for accounts the value for the purposes of the court-fees and the value for the purposes of jurisdiction shall be the ..... 130, and, therefore, the valuation under section 9 of the suits valuation act determined the valuation not only for the purposes of court-fees but also for the purposes of jurisdiction, and under section 15 of the civil procedure code it was obligatory on the plaintiff to bring the suit in the court of the second class subordinate judge of gadag as it was the court of the lowest grade to try ..... reading, therefore, the suits valuation act and the court-fees act together (as the former act requires to be done), the value of a suit for accounts, for the purpose of determining the jurisdiction of courts with respect thereto, is the amount at which the relief is valued in the plaint or memorandum of appeal,-and that value the plaintiff is ordered to state .....

Kishore Premlal Dalaya and ors. Vs. Akali Premaji and ors.

Court : Mumbai

Reported in : AIR1974Bom133; (1973)75BOMLR604

..... relate to the addition of clause (ha) is section 6(iv), as well as the amendment in clause (i) and the amendment effected by substituting a new section 9 for the old section in the suits valuation act, 1887, are retrospective in effect and apply to the present suit which had been filed long before the said amendments on the file of the bombay city civil court on the date on which those amendments came into force but still remained on the file ..... the same reasons, the new section 9 of the suits valuation act, 1887, which was substituted for the old section 9 of that act by section 2 of the amending act by way of an amendment consequential on the amendment made ..... act also substituted a new section in place of the old section 9 of the suits valuation act, 1887, providing that in cases in which the subject-matter of the suit did not admit of being satisfactorily valued, the suit was to be treated as if the subject-matter was of the value of rs.300, and as if the court-fees thereon were payable ad valorem under the relevant provisions of the court-fees act ..... was, however not returned and remanded to be returned to the plaintiffs when the amendments effected in the bombay court-fees act, 1959 as well as in the suits valuation act, 1887, by maharashtra act 9 of 1970 came into force. ..... preamble to the amending act is duly carried out by the provisions of section 6 of that act and in my opinion, nothing more than that was intended by the legislature when it enacted the said para of the preamble .....

In Re: D. Rajamannar and ors.

Court : Chennai

Reported in : AIR1953Mad746; (1953)IMLJ676

..... admit of being satisfactorily valued, the high court under and by virtue of the authority conferred on it by section 9, suits valuation act (7 of 1887), and with the previous sanction of the provincial government, issues the following directions with regard to the valuation of such suits for purposes of the court-fees act (7 of 1870) and of the suits valuation act. ..... the relevant provisions of the court-fees act, the suits valuation act and the rules framed under the suits valuation act by the high court may now be ..... under section 9, the high court is given power to fix the valuation of the subject-matter of a suit for the purposes of the suits valuation act and the court-fees act, it does not either expressly or by necessary implication confer on it a power to change the principle adopted by the court-fees act for fixing the court-fee. ..... section 9, suits valuation act:"when the subject-matter of suits of any class, other than suits mentioned in the court-fees act, 1870, section 7, paras, v and vi, and para, x, clause (d) is such that in the opinion of the high court it does not admit of being satisfactorily valued, the high court may, with the previous sanction of the state government, direct that suits of that class shall, for the purposes of the court-fees act, 1870, and of this act and any ..... rules for valuation of certain classes of suit:the preamble reads:"whereas the subject-matter of suite of the class hereinafter mentioned is such, that in the opinion of the high court, it .....

Jamnadas Vrijlal Vs. Chandulal Jamnadas

Court : Mumbai

Reported in : AIR1937Bom167; (1937)39BOMLR138

..... comes to section 8 of the suits valuation act of 1887, which provides :-where in suits other than those referred to in the court-fees act, 1870, section 7, paragraphs v. ..... one has to read the bombay civil courts act in conjunction with the suits valuation act of 1887, which again has to be read in conjunction with the court-fees act of 1870. ..... i should point out that the preamble to the suits valuation act states that 'it is expedient to prescribe the mode of valuing certain suits for the purpose of determining the jurisdiction of courts with ..... vi and ix, and paragraph x, clause (d)(and this case does not :fall within any of those paragraphs), court-fees are payable ad valorem under the -court-fees act, 1870, (and here the court-fees are payable ad valorem under the first schedule), the value as determinable for the computation for court-fees and the value for purposes of jurisdiction shall ..... so that clearly the act is dealing with valuation of suits for the purposes of jurisdiction, and therefore must affect the construction of section 24 of the bombay civil courts act, which deals with the ..... by any court subordinate to such high court and in which no-appeal lies thereto, and if such subordinate court appears-(a) to have exercised a jurisdiction not vested in it by law, or(b) to have failed to exercise a jurisdiction so vested, or(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity.the high court may make such order in the case as it thinks fit. .....

Zenith Lamps and Electricals Ltd. Vs. the Registrar, High Court and or ...

Court : Chennai

Reported in : (1968)1MLJ37

..... the suits valuation act, 1887 (central act vii of 1887) makes its own contribution to the incongruities with which this ..... 129, the learned judge said (at page 164):my difficulty further arose from the circumstance that i felt, in the absence of a preamble in this court fees act, whether it was intended to regulate questions of procedure or to regulate the method of the collection of revenue, that is to say, fiscal questions for the purposes of the obtainment of money from the taxpayer in order to ..... the following preamble:no expense attending the institution of suits in the first instance; and the ultimate expense, being moderate and limited, whatever length of time the suit may be depending; and no fees whatever being charged on the exhibits and papers filed in the courts, nor on petitions presented to the courts not immediately forming part of the proceedings in any suit under trial, many groundless and litigious suits and complaints ..... now what i wish to say in the first place is that the object of these provisions, as indeed of the whole act, is to lay down rules for the collection of one form of taxation, and this i regard to be the scope of the enactment, though it contains no preamble at all....it cannot be denied that, in one sense, fees are a form of taxation.45. ..... 1797 new fees were levied, abolishing certain taxes which, it was found inconvenient to realise, and in the preamble of this regulation one finds the object of the levy is also to add to the public revenues. .....

Madhusudan Dahyabhai Vs. Manilal Harilal and anr.

Court : Gujarat

Reported in : AIR1963Guj291; (1963)GLR1022

..... the preamble of the suits valuation act provides that 'whereas it is expedient to prescribe the mode of valuing certain suits for the purpose of determining the jurisdiction of courts with respect thereto. ..... in this view, section 8 of the suits valuation act would be applicable to suits relating to land provided the other requirements of section 8 of the suits valuation act are satisfied. ..... section 8 of the suits valuation act reads as follows; 'where in suits other than those referred to in the court-fees act, 1870, section 7, paragraphs v, vi and ix and paragraph x, clause (d), court-fees are payable ad valorem under the court-fees act, 1870, the value as determinate for the computation of court-fees and the value for purposes of jurisdiction, shall be the same. ..... in such a case, section 8 of the suits valuation act would not be applicable to the instant suit, which is 'one relating to land. ..... under section 8 of the suits valuation act it is the valuation for the purposes of court-fees that governs the subject-matter for the purpose of jurisdiction in certain matters and not vice versa. ..... it is in order to make section 26 of the bombay civil courts act applicable that section 8 of the suits valuation act has been passed. ..... it is, therefore, contended that section 8 of the suits valuation act applies, and the value for the purpose of jurisdiction should be the same as the value for the purpose of court-fees. .....

Chamar Jivabhai Bechardas and anr. Vs. Chamar Harijan Kesharbhai

Court : Gujarat

Reported in : (1968)9GLR727

..... the suits valuation act provides in the preamble that the act prescribes the mode of valuing certain suits for the purpose of determining the jurisdiction of courts with respect thereto. ..... section 8 of the suits valuation act provides that the valuation for the purpose of court-fees shall be the same as valuation for the purpose of jurisdiction in certain suits, that section does not apply to the present suit, because that section applies to suits other than those of the types which include the type of the present suit.2.1 section 24 of the bombay civil courts act, so far as relevant, reads as under:the jurisdiction of a civil judge (junior division) extends to all original suits and proceedings ..... it is true that in certain type of suits the valuation for the purpose of court-fees is the same as the valuation for the purpose of jurisdiction, vide section 8 of the suits valuation act, which reads as follows:where in suits other than those referred to in clause (d) of 'paragraph (iv), paragraphs (v), (vi), (vii) and (x) and clause (d) of paragraph (xi) in section 6 of the bombay court-fees act, 1959, court-fees are payable ad valorem under the bombay court-fees act, 1959, the value as determinable for the computation of court-fees .....

Mt. Kalawati and anr. Vs. Devi Ram and anr.

Court : Himachal Pradesh

Reported in : AIR1961HP7

..... the valuation of the subject-matter of such a petition is not required by law to be mentioned in the petition and it is extremely doubtful if in view of the preamble and of the provisions of the suits valuation act, rules can be framed fixing the valuation of the subject matter of such a petition. ..... on behalf of the respondents, it was contended that according to the rules framed by the judicial commissioner under section 9 of the suits valuation act, the value of a suit for restitution of conjugal rights for the purposes of suits valuation act and the himachal pradesh (courts) order, 1948, was fixed at rs. ..... 1,000/- and the same should be considered to be the valuation of a petition for restitution of conjugal rights.i do not think that the rule governing the fixation of valuation of a suit for restitution of conjugal rights can apply to a petition under section 9 of the hindu marriage act. ..... in order that an appeal may lie under clause (a) of paragraph 31 of the himachal pradesh (courts) order, 1948, three conditions have to be satisfied : (i) that the decree or order should have been made in a suit, (ii) that the valuation of the subject matter of the suit should not exceed rs. .....

Thazhekottur Koran Vs. Thannarangal Gopalan

Court : Kerala

..... no.63 of 2010 for a decree for prohibitory injunction against trespass and altering the existing boundary paying court fee under section 27(c) of the kerala court fees and suits valuation act (for short 'the act'). ..... but, i make it clear that if at all correctness of the plan submitted by the advocate commissioner arises and is required to be decided in the suit, it is open to the petitioner to raise that question in the course of trial, notwithstanding ext.p4 and p6 orders. ..... learned munsiff also has observed in ext.p4, order in paragraph 5 that the suit is one for prohibitory injunction and that no purpose will be served by remitting the plan and report as prayed for in ext.p3. ..... -2- prohibitory injunction against trespassing into the suit property or altering its existing boundary. ..... later, producing ext.p5(a), sketch allegedly of the suit property, petitioner filed ext.p5, application - i.a. no. ..... i must notice that in the suit, the prayer is for decree for o.p.(c). no. ..... therefore the suit can be disposed of based on possession claimed by the petitioner and its existing boundaries, if any.7. ..... the suit property is described as 47 cents in r.s. no. 28/2. .....

District Mining Officer and ors. Vs. Tata Iron and Steel Co. and anr.

Court : Supreme Court of India

Reported in : JT2001(6)SC183; 2001(4)SCALE680; (2001)7SCC358

..... , must be held to be in accordance with law and the judgment of this court in kannadasan's case must be held to have been wrongly decided.in kannadasan's case, this court while interpreting the validation act, held that the act authorises levy and collection even after 4.4.91, as otherwise, it will be held to be discriminatory and violative of article 14 inasmuch as if two persons would be equally liable to pay, the person who has ..... court borne in mind the principle of prospective over-ruling, as had been done in golaknath's case, indicated the dated with effect from which the judgment would operate but the acts having been declared null and void the state governments became apprehensive that a huge amount of tax, already collected under laws, for which state legislatures did not have the competence ..... levy or collection does not arise.the right to levy and collection, which was there with the stat having disappeared with effect from 4.4.1991, the date on which the life of the act expires, unless there is any provision conferring the right upon the state to make levy or collect any levy, the collection would be without the authority of law and would contravene article ..... mr.dwivedi further contended that the preamble also unequivocally indicates that the act is to validate the imposition and collection of cess and certain other ..... sub-section(2) of section further provides that no suit or other proceedings shall be maintained or continued in any court for the refund of cesses and .....