Showing : 51-60 of 316 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Deficient Court fee - Partition suit - Every co-sharer is deemed to be in possession of every inch of joint land - Plaintiff, being a co-sharer is in possession of suit property, thus not required to affix ad-valorem Court fees according to value of suit property - No defect..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11(c)-- Rejection of plaint - Deficient Court fee - Court as a guardian for State resources must ensure that appropriate Court fee is paid - If it is not properly valued, Court shall follow the procedure as prescribed U.O.7.R.11 CPC to direct the Court fee to be paid and reject the plaint if it is not..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11(b)-- Rejection of plaint - Sale deed - Property pleaded to be coparcenary property and that alienation of same is without legal necessity and alleged sale deeds are without consideration and are fraudulent in nature - Court fee in such a claim in main suit is not required to be paid as sale deeds stand..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11(b)-- Rejection of plaint - Deficient Court fees - Delay of two days in deposit of deficient Court fees - Court ordered the plaintiff to pay deficient Court fee within a stipulated period of four weeks - Four weeks in common parlance is taken to mean one month - If the same is taken by weeks then it..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 4, Rule 1, Civil Procedure Code, 1908, Order 6, 7-- Date of institution of plaint - Suit filed on the last day of limitation with insufficient court fee by 1/3rd of what was required - Cannot be taken as a due institution to save the suit from the bar of limitation when no explanation at all had been given for non payment of court fee...........
MADHYA PRADESH HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 8, Rule 6-- Counter claim - Cannot be rejected merely on the ground that Court fee has not been paid, as Court fee can only be deposited if counter claim is taken on record...........
KERALA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 33, Rule 11(b)-- (as amended by State of Kerala) - Permission to sue as indigent person - Payment of Court fee - By amendment in O.33.R.11(b) CPC, word `shall' substituted by word `may' which confers discretion on Court to decide whether plaintiff should be mulcted with liability to pay Court fee, in a case where..........
KERALA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 33, Rule 11(b)-- (as amended by State of Kerala) - Permission to sue as indigent person - Payment of Court fee - Discretion is conferred on Court to pass an order as regards payment of Court fee - However, if said discretion is not exercised in favour of unsuccessful appellant while disposing of appeal,..........
KERALA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 33, Rule 1-- Indigent person - Permission to sue - Possession of immovable property does not by itself indicate that one has sufficient means to pay Court fee - Benefit of statute is conferred on persons without sufficient means and not without any means at all - Object of O.33.R.1 CPC calls for liberal..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit for declaration that sale deed is null and void - Question as to whether Court fee is payable ad valorem - Court to frame issues and to treat the issue as to payment of court fee as preliminary issue and to decide the preliminary issue after parties led evidence on such..........

Showing : 51-60 of 316 Results