Judgment Search Results Home > Cases Phrase: the kerala court fees and suits valuation amendment act 1972 1 Page 1 of about 19,497 results (1.025 seconds)

Polamrasetti Manikyam and anr. Vs. Teegala Venkata Ramayya and anr.

Court : Supreme Court of India

..... when the matter came up for hearing, the learned counsel for either side brought to our knowledge a judgment of this court in satheedevi (supra) and submitted that a similar issue came up for consideration in the above-mentioned case while interpreting section 40 of the kerala court fees and suit valuation act, 1959, which is pari materia with section 37 of the andhra pradesh court fees and suits valuation act, 1956. ..... we are, in this case, concerned with the interpretation of section 37 of the andhra pradesh court fees and suits valuation act, 1956 (for short the court fees act ) as to whether it authorizes the valuation of the suit on the basis of the sale consideration mentioned in the sale deed or to be valued on the basis of the market value of the property as on the date of presentation of the plaint for the purpose of court fee and jurisdiction.3. ..... while interpreting the scope of section 40 of the kerala act, this court had occasion to examine the ratio laid down by full bench of the madras high court in kolachala kutumba sastri (supra) and took the view that in the said the interpretation of section 7(iv-a) of the court fee act, as case, the madras high court was primarily concerned with amended by the madras act, which refers to the value of the property simplicitor and the court interpreted the same as market value. ..... padmanabhan parvathy 1972 klt774 p.k. .....

Papabai Vs. Assistant Commissioner

Court : Karnataka

Reported in : ILR1993KAR3293; 1994(1)KarLJ577

..... the appellant, urged the following points:-(a) since the appellant was permitted to file the appeal as an indigent person, she is not liable to pay any court fee at all, although she has succeeded partly in the appeal; (b) in the alternative, assuming for the purpose of argument that the appellant is liable to pay the court fee, since she has succeeded partly in the appeal, she is required to pay the court fee not on the amount claimed but to the extent she has succeeded and that too under the amended article which came to be substituted by the karnataka court fees and suits valuation (amendment) act, 1992 (karnataka act ..... in the instant case, award of costs does not obliterate the liability for payment of court fee under the statute, inasmuch as payment of court fee under the karnataka court fees and suits valuation act is mandatory whereas the award of costs is left to the discretion of the court. ..... in schedule-i of the karnataka court fees and suits valuation act, 1958 (karnataka act 16 of 1958) in article-1 for clauses (i) and (ii) and the entries relating thereto, the following shall be substituted, namely:- 1. ..... in chandradass butt's case, the kerala high court has held as follows:-'on a reading of rule 10 of order 33 it will be seen that the said rule deals with the cases of a pauper plaintiff who succeeds in the suit and rule 11 of order 33 deals with the pauper plaintiff who fails in the suit. ..... district magistrate; 1972(1) kar.l.j. .....

B. Banerjee Vs. Smt. Anita Pan

Court : Supreme Court of India

Reported in : AIR1975SC1146; (1975)1SCC166; [1975]2SCR774

..... this does not mean that the suit can be proceeded with and decree for recovery passed, because section 13 of the basic act contains a broad ban on eviction in the following words:13(1) notwithstanding anything to the contrary in any other law, no order or decree for the recovery of possession of any premises shall be made by any court in favour of the landlord against a tenant except on one or more of the following grounds, namely:(emphasis, ours)since the new clauses (f) and (ff) are included by the amendment act in section 13 of the basic act and since the suits we are concerned with, as they ..... section 13 of the amending act makes, ; expressly applicable to pending actions, so much so the operation of the prohibition is not simply prospective as in the kerala case cited before us (nealctkandhayya filled v. ..... 14 of 1969 of the calcutta high court dismissed on february 3, 1972, relying upon its earlier decision in kalyani dutt v. ..... on appeal by the plaintiff the additional district judge allowed the same and decreed the suit on april 29, 1972. ..... 1193 of 1972 disposed of on 25th july, 1973 relying upon sailendra nath ghosal's case (supra) which is the subject matter of appeal in civil appeal no. ..... that appeal was dismissed on february 3, 1972. ..... (1972) cal 660. ..... [1972] 2 cal. .....

Chief Project Manager Vs. Aji Kurian

Court : Kerala

Reported in : AIR2004Ker206; 2003(3)KLT56

..... in the statement of objects and reasons it is mentioned as follows: statement of objects and reasons a comprehensive amendment to the kerala court fees and suits valuation act, 1959 was made by the kerala court fees and suits valuation (amendment) act, 1991 (6 of 1991). ..... section 73a was inserted by kerala court fees and suits valuation (amendment) act, 2002 which provides that no court fee is payable on suits, appeals, revisions, etc. ..... therefore the word 'the government' used in section 73a of the kerala court fees and suits valuation act, 1959 only means government of the state of kerala and not the central government. ..... whether the word 'the government' used in section 73a of the kerala court fees and suits valuation act, 1959 (10 of 1960) (hereinafter referred to as the act) would include the central government? ..... in accordance with schedules i & ii of the kerala court fees and suits valuation act, 1959, government have to pay proper court fee for filing plaint, memorandum of appeal, petitions, other pleadings and all other documents before courts. ..... but many suits and appeals were rejected because of non-payment of court fee in time by government pleaders and that necessitated the amendment itself. ..... therefore when suits and appeals are filed before a court in the state, the central government has to pay court fee according to the rates prescribed under the above act. .....

Commissioner of Income Tax Vs. A.M. Habeeb

Court : Kerala

Reported in : (2004)188CTR(Ker)100; [2004]268ITR344(Ker); 2004(2)KLT202

..... , 2002, court fee is payable and has to be paid under section 52a r/w schedule ii article 3 item (iii) sub-item (c) of the kerala court fees and suits valuation act, inserted by the kerala court fees and suits valuation (amendment) act, 2003. ..... it is stated therein that section 52a inserted in the kerala court fees and suits valuation act, 1959 by the kerala court fees and suits valuation (amendment) act, 2003 (act 2 of 2003) applies to all appeals covered by the said section w.e.f. ..... the only contention of the it department is that the provisions of section 52a and schedule ii article 3 item (iii)(c) inserted by the kerala court fees and suits valuation (amendment) act, 2003 w.e.f. ..... before parting with the matter, we would like to point out something about legislative draftsmanship in enacting section 52a and schedule ii article 3 item (iii) sub-item (c) particularly to the schedule portion inserted by the kerala court fees and suits valuation (amendment) act, 2003. ..... this position continued till the insertion of section 52a and sub-item (c) of item (iii) of article 3 of schedule ii in the kerala court fees and suits valuation (amendment) act of 2003. ..... , 2002 and later it was replaced by the kerala court fees and suits valuation (amendment) act, 2003 w.e.f. .....

Somanathan Vs. State of Kerala

Court : Kerala

Reported in : 2003(3)KLT1148

..... petitioners however, took up the stand that the stay petition and direction petition would fall under 11(t) as amended by the kerala court fees and suits valuation (amendment) act, 2003 which reads as follows:'(t) application or petition presented to the high court andnot otherwise specifically provided for ........ten rupees'counsel appearing for the petitioners sri. ..... by the kerala court fees and suits valuation (amendment) act, 2003 it has been specifically stated that for original petition if filed in the high court, court fee of rs. ..... by the kerala court fees and suits valuation (amendment) act, 2003 court fee was again introduced for filing writ petition before the high court. ..... five rupees'.the word five rupees was substituted by 'fifty rupees' by the kerala court fees and suits valuation (amendment) act, 2003. ..... than one may join in one writ petition as petitioners in whom any right to relief in respect of or arising out of the same act or transaction or series of acts or transactions is alleged to exist, whether jointly, severally or in the alternative, where, if such persons present separate writ petitions, any common question of law or fact would arise provided that each person joining in such writ petition shall pay the court fee payable under article 11(r) of schedule il of the kerala court fees and suits valuation act, as if each of them had filed a separate writ petition. .....

Sundaram Finance Ltd. Vs. Radhamma

Court : Kerala

Reported in : 2003(3)ARBLR646(Kerala); [2004]122CompCas937(Ker); 2003(3)KLT289

..... it is very unfortunate that even though the kerala court fees and suits valuation act, 1959 was amended by amendment act 2 of 2003, no provision was incorporated for payment of court fee for filing an appeal under section 37 of the 1996 act. ..... therefore, there is no specific provision under the kerala court fees and suits valuation act, 1959 for filing an application under section 9 of the 1996 act before the original court or for filing an appeal under section 37(1)(a) against orders passed under section 9 of the arbitration act. ..... section 21 of the kerala court fees and suits valuation act, 1959 (hereinafter referred to as 'the court fees act') reads as follows:-'21 ..... the division bench noticed that the amendment to the banking companies act and the alteration of the section conferring right of appeal was unfortunately omitted to be noticed by the kerala legislature when it enacted the court fees act in the year 1960 and since the appeal was one under section 45n of the banking companies act and not under section 45b of the banking companies act, schedule ii, article 3 (iii)(a)(3) could not be applied and since that could not be applied, court fee was payable under schedule ii article 3(iii)(a) (2)(c) of the court fees act. ..... , from section 7 of the kerala interpretation and general clauses act, 1125 as amended by act 3 of 1957, an inference can be made that article 4 of schedule 11 of the court fees act is applicable to appeals filed under the corresponding provisions in the new act. .....

Darragh Smail Co. Ltd. Vs. Assistant Commissioner, Wealth Tax

Court : Kerala

Reported in : 2006(1)KLT25

..... habeeb : [2004]268itr344(ker) has taken the view that in all the appeals filed by the commissioner of income tax or in any appeal to be filed either by the revenue or by the assessee under the income-tax act and under the wealth-tax act against the orders of the income-tax appellate tribunal from 26.10.2002, court fee is payable and has to be under section 52a read with schedule ii article 3 item (iii) sub-item (c) of the kerala court fees and suits valuation act, inserted by the kerala court fees and suits valuation (amendment) act, 2003.3. ..... registry noted defect to which advocate gave the following reply.court fee payable in an appeal under the wealth tax act against the order passed by the income-tax appellate tribunal, is under schedule ii article 3(iii)(c) of the kerala court fees and suits valuation act. ..... subject matter of the appeal therefore would not fall under clauses (a), (b) or (c) of sub-item (c) of article 3 of schedule ii of the court fees and suits valuation act, but under clause (d). ..... the expression 'total income' has not been defined in the court fees and suits valuation act. ..... /04 and 1/05 already admitted.registry replied as follows:the court fee is to be paid as per the amended court fees act on the basis of income assessed by the commissioner of wealth tax (annexure d). .....

State of Kerala Vs. Joy

Court : Kerala

Reported in : AIR2004Ker67; 2003(3)KLT786

..... by the time the kerala court fees and suits valuation (amendment) act, 2003 came into force and consequently state government is not bound to pay balance court fee in the matter.3. ..... joseph submitted that the state is not bound to pay the balance court fee in view of the kerala court fees and suits valuation (amendment) act, 2003. ..... when the matter came up for admission on 10.4.2003 kerala court fees and suits valuation (amendment) act, 2003 has already come into force by 6.3.2003 and no court fee is payable by the state government. ..... filed by or on behalf of the government before the court:- notwithstanding anything contained in any other provisions of this act, where a suit, appeal, revision, review or other pleadings or documents are filed or presented by or on behalf of the government or its officers in their official capacity before any court, no court fee shall be chargeable in respect of such suit, appeal, revision, review or other pleadings or documents under the provisions of this act. ..... 'learned government pleader submitted that in view of the said provision state is not bound to pay any court fee regarding suits, appeals, revision etc. ..... matter has been placed before us since balance court fee has not been paid by the state of kerala. ..... court fee payable in an appeal is under section 52 of the court fees act. ..... we therefore uphold the contention of the learned government pleader and hold that state is not bound to pay balance court fee. .....

Leonard Ashok Vs. Commercial Tax Officer

Court : Kerala

Reported in : AIR2007Ker87; 2007(1)KLT237;

..... the kerala court fees and suits valuation act, 1959 (act 10 of 1960) was enacted to amend and consolidate the law relating to court fees and valuation of suits in the state of kerala ..... to the learned single judge despite the 2003 amendment in the kerala court fees and suits valuation act prescribing rs.100/- per petitioner for the writ petition, when different and distinct proceedings are challenged, the petitioner should pay court fee in respect of each of the proceedings ..... may join in one writ petitionas petitioners in whom any right to relief in respect of or arising out of the same act or transaction or series of acts or transactions is alleged to exist, whether jointly, severally or in the alternative, where, if such persons present separate writ petitions, any common question of law or fact would arise provided that each person joining in such writ petition shall pay the court fee payable under article 11(4) of schedule ii of the kerala court fees and suits valuation act, as if each of them had filed a separate writ petition.6. ..... no petition shall be entertained by the registry unless it contains a statement as to whether the petitioner had filed any petition seeking similar reliefs in respect of the same subject matter earlier and if so, the result thereof.rule 147 a permits more than one petitioner to join in a single writ petition on condition that each petitioner should pay court fee as prescribed under schedule ii of the kerala court fees and suits valuation act, 1959. .....