Showing : 21-30 of 332 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
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 fee..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 23, Rule 1, Court Fees Act, 1870, Section 6(2), 6(3)(As-- Amendment of plaint - Amendment sought to abandon part of claim and thereby reducing valuation of suit, after determining that the plaint is insufficiently stamped - Application is maintainable - Right to abandon a part of claim inheres in plaintiff and is recognized by O.23.R.1 of CPC and such..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 149-- Payment of deficient Court fee - Extension of time - Once Court issued challan for payment of Court fee and accepted Court fee paid, it is deemed that petitioners has paid Court fee as per orders of Court...........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 47, Rule 1-- Rejection of plaint - Non-payment of balance Court fee - Remedy thereagainst is to file an appeal as rejection of plaint is a decree - Where plaintiff could make out grounds for review then even such a remedy is not foreclosed, provided grounds of review are disclosed...........
KARNATAKA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 3-- Ex parte temporary injunction - Once Court says that compliance of O.39.R.3 CPC should be made, it means that it should be within 24 hours - Passing further order giving 3 days time for paying deficient process fee or furnishing copies of plaint for issuance of summons, cannot in any way be linked..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Issues of res judicata, constructive res judicata and limitation are to be decided on basis of evidence on record - Plaint cannot be rejected on these issues - Further, issue of Court fee can be decided by Court by passing any contingent/conditional decree...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Deficiency of Court fee - Recovery suit - Deficiency to the tune of Rs.40 was pointed out for which an opportunity was required to be given to plaintiff for making good the same, before rejecting plaint - Moreover, impugned order passed in the absence of plaintiff for which..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
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...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
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 claiming any..........
CHHATTISGARH HIGH COURT
Year of decision: 2017
Details
Court Fees Act, 1870, Section 13, Civil Procedure Code, 1908, Section 151-- Refund of Court fee - Withdrawal of suit with liberty to file a fresh suit - Court cannot exercise inherent power to refund Court fee, as S.13 of Court Fee Act or inherent power cannot be invoked for refund of Court fee when suit is being withdrawn after a full-dressed trial before trial Court -..........

Showing : 21-30 of 332 Results