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)..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Suit for declaration - Matter of Court fee is between plaintiff and Court and in case at the time of final adjudication if Court fees is found to be deficit, plaintiff can always be asked to make good the Court fees - Trial Court committed error by treating suit in question for..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficit Court fee - Plaint cannot be rejected without following procedure prescribed U.O.7.R.11(c) and issue of deficit court fee can be decided only after framing of issues and leading evidence by parties...........
Civil Procedure Code, 1908, Section 149 -- Deficit Court fee - Court has discretion to permit plaintiff to pay deficit Court fee - However, discretion has to be exercised judicially "and on sufficient cause" shown by plaintiff, as to why he did not pay the entire Court fee at the first instance - This becomes mandatory, since Court fee is paid after period of limitation..........
Civil Procedure Code, 1908, Section 149 -- Deficit Court fee - Extension of time - Order allowing to pay deficit Court fee passed without giving notice to defendant - Impugned order set aside - Matter remitted for decision afresh after issuing notice to defendant...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficit Court fee - If the allegations made in plaint are vexatious and clever drafting of plaint has created an illusion in respect of a cause of action, remedy available to defendants is to avail stage of O.10 CPC i.e at the first hearing by examining parties and then act in accordance with law - At..........
Civil Procedure Code, 1908, Section 149, Order 7, Rule 11(c) -- Deficit court-fee - Power to extend time for payment of deficit court fee can be exercised only when plaintiff offers a legally acceptable explanation for no, payment of court fee within period of limitation and Court records its satisfaction with regard to the same...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Court Fee - Where court fee is paid subsequent to date fixed by court for making up the deficit court fee, court would treat it as fresh plaint - Restoring of suit after paying court fee to its original number cannot be sustained and same is liable to be set aside...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficit court fee - Plaintiff has to value the relief of declaration and consequent cancellation of gift deed at the value of the suit property as reflected in the registered gift deed - Plaintiff to pay deficit court fee within a period of twelve weeks and failing to pay within the time granted, plaint..........
Civil Procedure Code, 1908, Section 149, 148, Order 7, Rule 11 - - Deficit Court fee - Extension of time to pay deficit court fee - Court has discretion to extend time to pay deficit court fee from time to time even when period originally fixed or granted has expired - It is not mandatory to file written application for extension of time...........
