Showing : 51-60 of 286 Results

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..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Court Fees Act, 1870, Section 16, Civil Procedure Code, 1908, Section 89- - Refund of Court fee - Compromise - Whether the compromise is with the persuasion of Court or amongst the parties by themselves in terms of S.89 CPC or otherwise, invocation of provision of S.16 of Court Fee Act should be made in all cases so that settlement by way of alternative dispute..........
MADRAS HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Suit for permanent injunction filed when it was open for plaintiff to file suit for specific performance - At the later stage on the same cause of action plaintiff seeking leave to file a comprehensive suit of specific performance - When main relief should be for seeking specific performance of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Court Fees Act, 1870, Section 7(iv)(b)(c)-- Rejection of plaint - Failure to pay ad valorem Court fee - Suit for declaration and claim of joint possession of suit property - Plaintiffs only seek declaration of their share with claim of joint possession of suit land to the extent of their share - Neither plaintiffs sought cancellation of..........

Showing : 51-60 of 286 Results