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Results of defendant court fee

Showing : 31-40 of 60 Results

BOMBAY HIGH COURT

Year of decision: 2010
Details

Court Fees Act, 1870, Section 7(d) -- Suit for declaration and injunction - Court fee on memorandum of appeal paid on the basis of valuation in plaint - Defendant can take objection of valuation and court fee in the trial Court - As defendant did not raise any issue of undervaluation in the trial Court nor a finding was given by the trial Court on that aspect, plaintiff is..........

ALLAHABAD HIGH COURT

Year of decision: 2009
Details

Court Fees Act, 1870, Section 7(iv)(a) -- Suit for declaration and permanent injunction - Plaintiff sought declaration that sale deed executed by him in favour defendant be declared void - Consequential relief not claimed - However, relief prayed squarely falls within the ambit of S.7(iv-a) of Court Fees Act - Held, ad valorem Court fee is to be paid...........

ALLAHABAD HIGH COURT

Year of decision: 2009
Details

Civil Procedure Code, 1908, Order 8, Rule 6-A, Court Fees Act, 1870, Section 7 -- Counter claim - Question of valuation of suit property, payment of Court fee and pecuniary jurisdiction of trial Court to try the counter claim - All these issues decided in favour of defendant - Revisional Court erred in law in dismissing the revision by holding it as not maintainable -..........

PUNJAB & HARYANA HIGH COURT

Year of decision: 2008
Details

Court Fees Act, 1870, Section 7, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Plaintiff filed suit for mandatory injunction seeking direction to defendant to make payment of damages of Rs.One lac for his act and conduct which resulted into lowering prestige, status and honour of plaintiff in eyes of public - Ad valorem Court fee not paid - Suit dismissed - Appeal..........

DELHI HIGH COURT

Year of decision: 2006
Details

Civil Procedure Code, 1908, Order 8, Rule 6-A, Civil Procedure Code, 1908, Order 7, Rule 11(c) -- Counter claim - From the facts pleaded in written statement when it emerges that it is a counter claim then in that event proper course for Court to adopt is to proceed U.O.7.R.11(c) CPC and require the defendant to pay the requisite Court fee and in the event of not paying..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2004
Details

Court Fees Act, 1870, Section 7(iv), Civil Procedure Code, 1908, Order 7, Rule 11 -- Court fee - Counter claim - Value of counter claim assessed at Rs.1, 000/- and court fee of Rs.150/- paid - Plaintiff has not rendered the account of sale made by defendant to it - There are also no objective standards on the basis of which the assessment of the valuation of the suit for..........

RAJASTHAN HIGH COURT

Year of decision: 2003
Details

Court Fees Act, 1870, Section 21 -- Agreement to sell - Suit for recovery of advance paid - Defendant claiming that he suffered losses and after adjusting advance claiming some more amount - Question whether Court fee is payable on the entire damages claimed or only on amount coming after adjusting advance - Held, Court fee is payable on the entire amount of which..........

KERALA HIGH COURT

Year of decision: 2003
Details

Civil Procedure Code, 1908, Section 148, 151 -- Default to pay balance court fee - Suit dismissed for default - Restoration - Notice to defendant must be given - Held, when plaint is rejected, a right is vested in the defendant which cannot be set at naught without giving notice...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2002
Details

Agreement to sell -- Suit for specific performance - Readiness and willingness - Deficit Court fee - Can be for so many reasons - By itself not a ground to believe that plaintiff had no capacity to pay the amount of consideration - However, if defendant shows that sufficient court-fee was not paid because of the incapacity of the plaintiff, suit can be dismissed...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2001
Details

Court Fees Act, 1870, Section 7(iv)(c) -- Court fee - Suit for cancellation of decree alleged to be obtained by fraud and misrepresentation and in the alternative relief of permanent injunction sought restraining the defendant from executing the decree - Plaintiff is required to pay ad-valorem Court fee...........

Showing : 31-40 of 60 Results