Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Where suit is instituted for cancellation of an agreement to sell and forfeiture of earnest money and where possession has not been delivered, ad valorem Court fee is required to be computed on the amount of earnest money alone and not on entire sale consideration...........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration of ownership and possession - Suit though has been drafted as one seeking declaration of ownership and possession, real object of proceedings is to negate and avoid agreement to sell on the premise that same stands terminated and earnest money forfeited - In such circumstances, petitioner being..........
Motor Vehicles Act, 1988, Section 166, Maharashtra Court Fees Act, 1959, Section 7(2) -- Accident - Compensation - Claim petition - Court fee - Option is provided to appellant before Court to restrict his/her claim for purpose of deposit of Court fee and in case compensation is enhanced, deficit can be made good later on, after appeal is finally decided as per S.7(2)(ii)..........
Court Fees Act, 1870, Section 7(iv)(c), 7(v) -- Ad valorem Court fee - Suit for cancellation of transfer deed - Where plaintiff is not an executant of transfer deeds seeking cancellation and seeking relief of possession is computable u/s 7(iv)(c) of the Act, Court fee is payable in accordance with S.7(iv)(c) r/w S.7(v) of the Act...........
Civil Procedure Code, 1908, Order 7, Rule 11, Court Fees Act, 1870, Section 7 -- Rejection of plaint - Deficient Court fee - Plea that land sold exceeded what was agreed or that consideration was not paid are questions of fact, to be adjudicated in trial proceedings after proper pleadings and evidence - Those contentions do not affect legal requirement of affixing proper..........
Court Fees Act, 1870, Section 7 -- Court fee - Suit for declaration and permanent injunction challenging two sale deeds - Plaintiffs are executants of sale deeds which they seek to set aside - Plea that sale deeds were obtained by fraud or that full consideration was not paid does not alter their status as executants - Even if such allegations are assumed to be true,..........
Civil Procedure Code, 1908, Order 7, Rule 11, Andhra Pradesh Court Fee and Suits Valuation Act, 1956, Section 63, 64 -- Rejection of plaint - Refund of Court fee - Appellate Court set aside order of rejection of plaint - Appellants are entitled for refund of Court fee paid on appeal...........
Court Fees Act, 1870, Section 7(ivA) -- Ad valorem Court fee - Suit for cancellation of sale deeds - Plaintiff valued the suit on basis of consideration mentioned in sale deeds, which is erroneous, because market value of property involved in sale deeds is to be considered on the date of filing of suit - But trial Court has ignored this fact - Trial Court is directed to..........
Court Fees Act, 1870, Section 7(iv)(c), 7(v) -- Ad valorem Court fee - Suit for declaration and cancellation of transfer deed - Non-executant - Plaintiff was not executant of transfer deed in question and he has also claimed relief of possession - Ad valorem Court fee would be payable in terms of provisions of Ss.7(iv)(c) and S.7(v) of the Act and not in terms of market..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration that plaintiffs are owners in possession of 50% share of property and sale deed is null and void - Plaintiffs are neither executant of documents in question nor they are seeking possession of suit property, as they are already in joint possession - Therefore, there would be no requirement to..........
