Judgment Search Results Home > Cases Phrase: the kerala court fees and suits valuation amendment act 1972 1 Page 7 of about 19,497 results (1.526 seconds)

Delhi High Court Bar Association and anr. Vs. Govt. of Nct of Delhi an ...

Court : Delhi

..... karnataka. 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 ..... revenue. on the question of court fee payable in the intended suit, the petitioner filed a writ petition in the high court, praying that the high court may be pleased to issue a writ of mandamus or other direction or order declaring rule 1 of the high court fee rules 1956 and the provisions of the madras high court fees and suits valuation act 14 of 1955 to be invalid and ultra vires insofar as they related to the levy of fees on an ad valorem ..... (i.e. tamil nadu/kerala/rajasthan/ maharashtra) was effected today and its constitutionality was challenged before the high court, would it be correct to hold that such challenge had to be rejected because of the judicial precedents upholding the previous amendment ..... . she was unable to conclude a separation agreement with her husband despite trying for eight years prior to 1972 for which reason she was compelled to seek redressal from the court .....

Sudhir V. Joshi Vs. E. Kanniappan and anr.

Court : Chennai

Reported in : 1997(2)CTC73; (1997)IIMLJ27

..... question of payment of court-fees under schedule ii, article 3(1) of the andhra pradesh court-fees and suits valuation act came for consideration before the andhra pradesh high court in the decision reported in biksha reddy and ors. v. g. ..... the court-fees act being a fiscal statute, we cannot in the presence of an ambiguity guess at the meaning of the authority which enacts the rules and draw from the presumed intentions of that authority an inference which is adverse to the party who has to pay the tax.article 17-a applies in terms to a plaint or memorandum of appeal in a suit. ..... if the claimant need pay court-fee only on the application, a person who has already obtained a decree and seeking execution, cannot be compelled to pay more court-fee, and that too on ad valorem basis. ..... it is said that court should bear in mind three well-known cannons of interpretation of fiscal statues, namely: (i) such statutes are to be construed strictly, (ii) the subject should not be made liable for payment of enhanced court- fee unless such a step is warranted by the clear provisions of the statute; and (iii) where there is doubt in the matter, an interpretation favourable to the subject should be preferred.5. ..... even after the code of civil procedure was amended under act 104 of 1976, there is no corresponding amendment to the court fee act. ..... i may say that this decision wasn't accepted but distinguished by the kerala high court in the decision reported in anto mamkoottam v. ..... 104 of 1972. .....

Forasol Vs. Oil and Natural Gas Commission

Court : Supreme Court of India

Reported in : AIR1984SC241; [1986]60CompCas286(SC); 1983(2)SCALE1110; 1984Supp(1)SCC263; [1984]1SCR526; 1984(16)LC17(SC)

..... . in either event, the valuation of the suit for the purposes of court-fees and the pecuniary limit of the jurisdiction of the court will be the amount in indian currency claimed in the suit ..... . so far as court-fees are concerned, we have a central act, namely, the court-fees act, 1870 (vii of 1870), which applies, either with or without amendments, to those states and union territories which have not repealed and replaced it by their own legislation ..... under article x-4.2.1, on receipt of income of forasol's invoices in respect of operational, fees, standby fees and equipment charges accepted by ongc, forasol was to present to ongc a set of 14 promissory notes payable to cnep (paris) of equal value totalling to 87.5% of the french franc portion of the amount for which each of the said invoices had been accepted by ongc and maturing on the 5th day of august and of february, the first such dates being august 5, 1965 and the last being february 5, 1972. ..... . the states and union territories which have their own legislation on the subject are andhra pradesh, gujarat, himachal pradesh, jammu and kashmir, karnataka, kerala, maharashtra, pondicherry, rajasthan, tamil nadu'and .....

Hubballi Uraban Development Authority Vs. Hubballi Dharwad Municipal C ...

Court : Karnataka Dharwad

..... the constitution was again amended by the seventeenth amendment act of 1964, by which the state extended the scope of article 31-a and schedule ix to protect certain agrarian reforms enacted by the kerala and madras states and jagir, inam, muafi or any other grant, janmam, ryotwari, etc. ..... the high court has jurisdiction to determine questions of fact, even if they are in dispute and the present, in our judgment, is a case in which in the interests of both the parties the high court should have entertained the petition and called for an affidavit-in-reply from the respondents, and should have proceeded to try the petition instead of relegating the appellants to a separate suit. ..... the high court has, with the greatest of respect, failed to apply its mind to relevant facts, particularly the records of pune municipal corporation with regard to property holders, the arbitrator's award dated 16-5-1972 under section 72 of the regional and town planning act and the admission of pune municipal corporation that the road did not belong to it, it was never acquired and that the name of pune municipal corporation had wrongly been - 216 - nc:2023. .....

Savithry Amma Vs. Jayachandran

Court : Kerala

Reported in : 2006(4)KLT338

..... the first prayer in the suit was valued under section 25(b) of the court fees and suits valuation act ('court fees act' for short) and half of the market value was shown as rs. ..... the court below directed the plaintiff to take steps to amend the valuation in accordance with section 50(iii) of kerala court fees act and pay the balance court fee. ..... 39,033.50 for the purpose of court fee.the 2nd prayer in the suit was valued as per the provision of section 50(ii) of the court fees act and a fixed court fee of rs. ..... prior to the amendment the court fees payable for such a relief in a suit filed before the munsiff court under section 50(n) was rs. 30/-. ..... section 50 of the court fees act deals with the suits filed before the revenue court, munsiff court and subordinate judge's court, a reading of section 50 of the court fees act shows that irrespective of the value of the subject matter if the suit is filed before the munsiff's court the plaintiff need only to pay a fixed court fee of rs. ..... 10081/2005 under order vi rule 17 of civil procedure code seeking to amend the valuation showing the total value of the subject matter of the suit as rs. ..... suits not otherwise provided for:-- in suits not otherwise provided for, fee shall be payable at the following rates:((i) in a revenue court : rupees twenty-five(ii) in a munsiff's court : rupees fifty(iii) in a sub-court or a : rupees two hundred if the value of thedistrict court subject matter is rs. .....

Usman Kurikkal Vs. Parappur Achuthan Nair

Court : Kerala

Reported in : 2012(3)KLT261; 2012(3)ILR(Ker)343; 2012(3)KLJ254

..... the plaintiff valued the relief at `.1000/- and paid court fee of `.40/- under section 25(d)(ii) of the court fees and suits valuation act, 1959 (kerala) (hereinafter referred to as the 'act' only). 3. ..... the assignee first defendant contended that the subject matter of the suit is capable of valuation and court fee shall be computed on the market value of the property. ..... therefore the valuation in the plaint and the court fee paid thereon under section 25(d)(ii) of the act is proper as has been found by the court below. 8. ..... it was asserted that the subject matter of the suit is capable of valuation and court fee has to be computed on the market value of `.4 lakhs. ..... after all the valuation of the relief and the payment of court fee is governed by the averments in the plaint only as has been held time and again. ..... (d) in other words - (i) where the subject-matter of the suit is capable of valuation, fee shall be computed on the market value of the property, and (ii) where the subject-matter of the suit is not capable of valuation, fee shall be computed on the amount at which the relief sought is valued in the plaint or on (rupees one thousand), whichever is higher. ..... an identical question arose under the court fees act, 1870 as amended in the state of punjab in suhrid singh alias sardool singh v. .....

State of Kerala and Others Vs. Mcdowell and Co. Ltd.

Court : Supreme Court of India

Reported in : AIR1995SC1445; JT1994(2)SC199; 1994(1)KLT802(SC); 1994(1)SCALE752; 1994Supp(2)SCC605; [1994]1SCR981

..... fees and suits valuation act ..... the short but important question of law that arises for consideration in this appeal directed against the judgment and order of the kerala high court is whether the bond executed under section 7 of the kerala abkari act for deferred payment of duty on export by the manufacturers of indian made foreign liquor in form vi was a bond within meaning of article 13 of the kerala stamp act 1939 (hereinafter referred to as 'the act') or an agreement as defined in article 5 of the schedule of the act ..... being otherwise provided for by thereof of the amount or this act or by the kerala court value secured. ..... the bounden has/bounding have been permitted by the government under the distillery and warehouse rules 19...and the amendments thereof made from time to time (hereinafter called the rules) to remove...litres of spirits of the strength of degrees...under/over bounden proof from his/their...at...to the...at...without previous payment of duty thereon subject to the condition that (1) the bounden/boundens shall on or before the expiration of...day from date here of deliver or cause to be delivered the above mentioned...litres of spirits into the custody of the government officer in charge of the ..... relevant portion of the agreement is extracted below : whereas the boundens have permitted by the government under the distillery and warehouse rules 1968 and the amendments thereof made from time to time (hereinafter called the rules) to remove...to bulk litres...to proof .....

M.V. Valliappan and ors. Vs. Income-tax Officer and ors.

Court : Chennai

Reported in : (1988)67CTR(Mad)289; [1988]170ITR238(Mad)

..... in the kerala decision a division bench of the kerala high court while construing the provisions of section 171 of the act took the view that there are no express words in section 171, nor is there any necessary implication arising from the words of the section that the income which was really the income of the members of the family after the division in status of the family must be treated as or deemed to be the income of the hindu undivided family which has been created by the legal ..... union of india, air 1968 sc 1138, where, in paragraph 37, the supreme court while dealing with the challenge to the validity of the land acquisition (amendment and short title validation) act, 1967, on the ground of violation of article 14 of the constitution of india, has observed as follows (p. ..... pointed out by lord fraser at page 470, the taxpayer in the two cases before the house of lords bought a complete scheme for which he paid a fee and thereafter he was not required to produce any more money, although large sums of money were credited and debited to him in the course of the complicated transactions required to carry out the scheme. ..... it is obvious that it suits the revenue to say that the provisions of section 171(9) are not intended for taxing an income of one person in the hands of another, because, if this was the purpose and object of section 171, that would create an infirmity in the section, as such is not the power of parliament under entry ..... sakarlal balabhai : [1972]86itr2(sc) . 81 .....

S. Narayanaswa Vs. Nimmala Appanna, S/O.Peddanna, and 5 Oth

Court : Andhra Pradesh

..... and such being the legal position, there cannot be any valid reason why the plaintiff cannot alter or change his plaint which is returned by the court without jurisdiction, before it is presented to proper court, subject of course to the law of limitation, proper valuation of the suit and payment of requisite court fee on the ..... krishnan kochunarayanan nair and others24, a learned single judge of the kerala high court held: ".after the order for return of the plaint if any amendment is made by the plaintiff in the plaint and he re-presents it, it is really a fresh plaint which the court has always power to ..... , the wife of d-4 acting as guardian of d-6 to d-9 filed a written statement on 22-04-1983 contending that the judicial club is not a registered body as the plaintiff was not the sheristdar of the district court of ananthapur at the time when he filed the suit; that d-4 is insane and he had no capacity to enter into an agreement of sale; that the suit filed against him without a next friend was not maintainable; that d-6 to d-9 are not aware of ex.a-2; that it was materially altered; that the suit is liable to be dismissed as abated as the legal representatives of d-4 were not impleaded in time; that the suit is ..... unable to agree with the said finding of the trial court for the reason that the plaintiff appears to have been misled by d2, who took the stand in ex.a-68 dt.14.07.1972 that d-4 was insane, and by way of abundant caution, he seems to have filed the said application. .....

Sheeba and Others Vs. Sasidharan and Another

Court : Kerala

..... 7,50,000/-, and claiming to be joint possession with the other sharers, fixed court fee in respect of 2/8 shares of the plaintiffs was paid under section 37(2) of the kerala court fees and suits valuation act, 1959 (hereinafter referred to as the act). ..... the decisions relied by the counsel with respect to the amendment of the plaint where under pecuniary jurisdiction of the court before which such plaint had been presented stood impaired cannot have any application in the case of transposition of one or the other party to the array of the plaintiff or defendant in a suit. ..... in the case of an amendment to the plaint having bearing over the pecuniary jurisdiction of the court as allowing of such amendment relates back toe the date of institution of the suit, its entertainability before that court will arise for determination. ..... the learned counsel would submit that the principles to be followed when an amendment to the plaint affects the valuation of the suit has to be followed in the case of transposition of one or more plaintiff/s as defendants. ..... the decisions rendered in balasubramaniam versus narayanan nair (1985 klt 374) and sufi films versus govinda prabhu (1987 (2) klt 145) are relied by the counsel to contend that the principles stated therein in relation to change of valuation on amendment of a plaint applied in the case of transposition of a party to the suit as well in affecting jurisdiction of the court. 5. .....