Civil Procedure Code, 1908, Order 8, Rule 6A, Court Fees Act, 1870, Section 7(iv)(c) -- Counter claim - Suit for declaration - Ad valorem court fee - Whether defendants-petitioners succeed in obtaining said declaration is a different thing - Merits of the case and effect of such declaration is not to be considered - Since, counter claim is only for declaration, therefore,..........
Court Fees Act, 1870, Section 7(iv)(c) -- Ad valorem Court fee - Non executant of sale deed - Has to file a suit for declaration claiming that such sale deed would not effect its rights - A non executant is not required to seek cancellation of sale deed - Ad valorem Court fee is not payable by plaintiff...........
Court Fees Act, 1870, Section 7(iv)(c), 7(v) -- Court fees - No Court fee has to be paid twice over on declaration as well as for consequential relief claimed - Court fees payable would remain the same, whether u/s 7(iv)(c) or u/s 7(v) of the Act...........
Court Fees Act, 1870, Section 7(iv)(c), Civil Procedure Code, 1908, Order 7, Rule 11 -- Court fee - Plaintiff file suit for declaration that agreement to sell stood revoked - Plaintiff are liable to pay ad valorem court fee as they being executant of agreement to sell are liable to pay ad valorem court fee on consideration received by them - Petition dimissed...........
Court Fees Act, 1870, Section 7(iv)(c), Civil Procedure Code, 1908, Order 7, Rule 11 -- Court fee - Earlier decree passed by Court of competent jurisdiction in favour of petitioners - In spite of said decree defendants forcibly dispossessed plaintiffs, which became compulsive necessity of plaintiffs to file suit for possession on basis of title - Petitioners were not..........
Court Fees Act, 1870, Section 7(iv)(c) -- Computation of court-fee - Suit for declaration - Plea that sale deed executed by defendant in favour of other defendants obtained by fraud and not binding on plaintiff - Plaintiff was not executant to sale deeds - Absence of prayer to cancel sale deed - Court fee payable is computable in terms of S.7(iv)(c) i.e. as per the amount..........
Court Fees Act, 1870, Section 7(iv)(c), Article 17(iii) -- Sale deed - Challenge to - Court fee - Person who has not executed sale deed and is in possession of property seeking declaration, he has to pay fixed Court fee u/art 17(iii) of the Act - However, when person seeking declaration is not in possession of property, he has to pay ad valorem Court fee as per S.7(iv)(c)..........
Court Fees Act, 1870, Section 7(iv)(c), Article 17 -- Court fees - Suit for declaration simplictor declaring sale deeds in question as void and illegal and not binding on plaintiffs - Fixed Court Fee will be attracted as per Art.17 Scheduled II of the Act and not as per S.7(iv)(c) of the Act...........
Court Fees Act, 1870, Section 7(iv)(c) -- Court fees - Suit for declaration that sale deeds are null and void and permanent injunction - Once plaintiffs were not party to sale deeds and defendant has not disposed of properties as Karta of Joint Hindu Family then certainly rigors of S.7(iv)(c) of the Act is not attracted and plaintiffs cannot be fastened with liability of..........
Court Fees Act, 1870, Section 7(iv)(c), Civil Procedure Code, 1908, Order 7, Rule 11 -- Court fee - Rejection of plaint - Since plaintiff-respondent were not seeking decree for declaration they were rightly held not liable to pay ad valorem court fee by Trial Court and order deserves to be upheld...........
