Civil Procedure Code, 1908, Section 149, Order 7, Rule 11 -- Delay in paying the deficit court fee - Condonation - Good faith as defined in `General Clauses Act' and not of limitation Act to govern...........
Constitution of India, 1950, Article 226 -- Writ of Mandamus - Nature and scope of - Writ of mandamus for recovery of a sum of money simpliciter - Not maintainable - High Court struck down as unconstitutional Punjab Agricultural Produce Markets (Amendment) Act No. 13 of 1974 enhancing rate of levy of market fee - Refund of unspecified sums of money alleged to have been..........
Civil Procedure Code, 1908, Section 35, 151, Order 33, Rule 10, 11 -- O.33.R.10 deals with pauper plaintiff who succeeded and R.11 with pauper plaintiff who falls. Neither R.10 nor R.11 deals with a situation where plaintiff partly succeeds - In absence, discretion is with the Court - Inherent powers u/s 151 CPC cannot be invoked since S 35 confers jurisdiction to award..........
Civil Procedure Code, 1908, Section 115 -- Defendant has no right of revision against the decision of adequacy of court fee, unless it affects jurisdiction of the court - Held that `the defendant has no right of revision against the decision on adequacy of court-fees by the trial court unless it affects jurisdiction of the Court. He can do so only against an order passed..........
Civil Procedure Code, 1908, Order 33, Rule 9 -- Dispaupering on death of pauper plaintiff legal representatives impleaded - grounds on which legal representatives can be dispaupered. Distinction between an executor or administrator brought on record as a legal representative and an heir of the deceased pauper plaintiff brought on record as legal representative - The..........
Civil Procedure Code, 1908, Order 33, Rule 1 -- `Not possessed of sufficient means'. What does it mean ? - `Pauper' refers to plaintiffs capacity to pay the Court Fee prescribed by law for the plaintiff in a suit. What is contemplated is not possession of property, but sufficient means i.e. capacity to raise money to pay the court fee. Mere possession of some property is..........
Civil Procedure Code, 1908, Order 21, Rule 103 -- Suit U.O.21.R.103 - Governed by Article 17(1) of Schedule II of the Court Fees Act and a fixed court fee to be paid and not ad-valorem irrespective of a prayer for possession...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Court fee - Issue should be treated as preliminary...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross objections - For want of court fee appeals not numbered - Cross objections can be entertained only if registered appeal...........
Civil Procedure Code, 1908, Section 149 -- Deficiency in court fee - Court has discretion to allow court fee to be paid at any stage- Exercise of power in favour of a party - Other party should not be deprived of any vested right...........
