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ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Court Fees Act, 1870, Section 7(iv)(A)(As-- Court fee - Suit for declaration that sale deed is null and void - Where suit is for or involving cancellation or adjudging/declaring null and void decree for money or an instrument, S.7(iv)(A) of Act is applicable and not Art.17(iii) of Court Fees Act, as said Article is applicable only when..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Court Fees Act, 1870, Article 17(iii)-- Court fees - Suit for declaration that transfer deed is null and void - Plea that no consideration had passed at the time of execution of transfer deed and that transfer deed was a result of fraud and mis representation - Relief of possession not sought - Petitioner is required to affix fixed..........
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: 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..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Court Fees Act, 1870, Section 7(iv)(c)-- Ad valorem Court fee - If the no, executant/plaintiff of a document transferring the rights in property seeks declaration and is not in possession, he is liable to pay ad valorem Court fee - But at the same time if the said no, executant is seeking possession by way of partition of said property..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Court Fees Act, 1870, Section 7(iv)(c)-- Sale deed - Challenge to - In case of no, executant, not in possession of suit property, prays for consequential relief of possession as well as suit for declaration, ad valorem Court fee has to be paid u/s 7(iv)(c) of Act - But in case of no, executant of sale deed, in possession of suit property..........
DELHI HIGH COURT
Year of decision: 2014
Details
Court Fees Act, 1870, Section 7(v)-- Court Fee - Suit for declaration, injunction & possession - Once additional and independent relief of possession is claimed then court fee has to be paid with respect to suit claiming relief of possession as per S.7(v) of Act by valuing the property as per the market value on the date of filing of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Court Fees Act, 1870, Section 7(iv)(c)-- Sale deed - Cancellation on ground that it was executed as a result of fraud - Held, when possession is not disturbed and one of the members of family duped and defrauded the petitioner and only relief sought is declaration then ad valorem Court fee is not payable...........
MADHYA PRADESH HIGH COURT
Year of decision: 2014
Details
Court Fees Act, 1870, Section 7(iv)(c), Article 17(iii)- - Suit for declaration that sale deed is null and void - When non executant seeks declaration then is required to pay fixed court fee - If executant of sale deeds seeks cancellation of sale deed then he is required to pay ad valorem court fee...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Court Fees Act, 1870, Section 7(vi), 7(c)- - Rejection of plaint - Suit for declaration that sale deed is null and void - Plaintiff not party to the registered sale deed - If plaintiff is not executant of sale deed he is not required to pay ad valorem court fee - Order dismissing application - Calls for no interference...........

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