Showing : 31-39 of 39 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Section 149, 107(2)-- Court fee - Deficiency - Opportunity to be given to make good the balance fee within a specified time...........
ALLAHABAD HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Section 149-- Deficiency of Court fee - Deficiency not made good despite lapse of about ten months - No special circumstances for grant of further time - Memo of appeal returned as envisaged under Rule 7 of Chapter XI of the Rules of Court, 1952. (Allahabad High Court Rules, 1952, Chapter XI, Rule 7)...........
DELHI HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Section 149-- Court fee - Deficient - Payment - Question of Court fee is between Court and litigant - Court has discretion to extend time for Court fee - Discretion is to be exercised judiciously - No time fixed by Court for paying deficient Court fee - Left to the discretion of respondent - Deficient Court fee..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Section 149, Order 7, Rule 11-- Court fee - Deficiency - Extending time for payment - Plaintiff is required to show his inability to pay the full court fee was due to circumstances beyond his control and to show his bona fide to supply the requisite stamp paper, he is further required to show that circumstances for non paying..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Section 149, Order 7, Rule 11-- Deficient Court fee - Extension of time - Suit for specific performance filed by affixing Court fee of Rs.2/- only - Extension of time sought alleging shortage of time and closure of Treasury - Trial Court granted at least fifteen adjournments for payment of deficient Court fee - Plaintiff failing..........
DELHI HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Section 149, Order 7, Rule 11-- Rejection of plaint - Insufficiently stamped plaint - Reasonable time be given to the plaintiff to make up the deficiency - Court not to straightaway reject the plaint...........
GAUHATI HIGH COURT
Year of decision: 1996
Details
Court Fees Act, 1870, Section 4-- Memorandum of appeal - Should be properly stamped - Court has power to refuse to accept memo of appeal which is insufficiently stamped - S.149 CPC mitigates the rigour of S.4 - Court to harmonise provisions of both the Court Fee Act and CPC by reading S.149 CPC and proviso to S.4 and allow deficit..........
GAUHATI HIGH COURT
Year of decision: 1995
Details
Civil Procedure Code, 1908, Section 149, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 5, Rule 1-- Deficient Court fee - Court allowed time for payment of deficient Court fee and also granted ad interim injunction - Grant of ad interim injunction will relate back to date on which it was granted as soon as deficit Court fee is paid - It cannot be said that on date of order Court had no..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1972
Details
Civil Procedure Code, 1908, Section 149-- Scope of - Court has complete discretion - Mistake in calculation of Court fees if genuine or inadvertent but not intentional - Time for making good the deficiency in Court fees can be extended - Section 149 should be read as a proviso to Section 4 of Court Fees Act - Defect gets cured as from the..........

Showing : 31-39 of 39 Results