Negotiable Instruments Act, 1881, Section 138, Kerala Court Fees and Suits Valuation Act, 1959, Article 21(a) -- Complaint u/s 138 of N.I. Act - Court fee - It is mandatory for complainants in a prosecution u/s 138 of N.I. Act to pay Court fee u/art 21(a) of KCF & SV Act...........
Kerala Court Fees and Suits Valuation Act, 1959, Section 70 -- Refund of Court fee - S.70 of the Act comes into play only when there is no adjudicatory process - In the instant case judgment was rendered after a full fledged trial and complete adjudicatory process - Dismissal of application calls for no interference...........
Civil Procedure Code, 1908, Order 7, Rule 11, Specific Relief Act, 1963, Section 39, Court Fees Act, 1870, Section 7, Suits Valuation Act, 1887, Section 8 -- Rejection of plaint - Suit for mandatory injunction - Once suit is valued for the purpose of jurisdiction then court fee is to be paid ad valorem on such amount - In the instant case suit valued for the purpose of..........
Kerala Court Fees and Suits Valuation Act, 1959, Section 25(d)(i) -- Court fee - Suit for declaration or cancellation of document - When cancellation or declaration of a document is null and void is sought, Court fee shall be paid valuing the same on the basis of value shown in the document...........
Court Fees Act, 1870, Section 7(i) -- Ad valorem Court fee - Money suit - Valuation for purposes of jurisdiction and relief has to be same in the money suits falling under category S.7(i) of the Act...........
Tamil Nadu Court Fees and Suits Valuation Act, 1955, Section 40, 25(d) -- Court fee - Suit for cancellation of release deed and gift deed - Plaintiff not a party to documents - It is S.25(d) and not S.40 of the Act which is applicable...........
Kerala Court Fees and Suits Valuation Act, 1959, Section 52A, Income Tax Act, 1961, Section 260A -- Payment of Court fee - Right of appeal - Wherever assessee is in appeal in High Court which is filed u/s 260-A IT Act, if date of assessment is prior to 06.03.2003, S.52-A of Kerala Court Fees Act shall not apply and the Court fee payable shall be the one which was payable..........
Kerala Court Fees and Suits Valuation Act, 1959, Section 52A, Income Tax Act, 1961, Section 260A -- Payment of Court fee - Right of appeal - Where Department files appeal in the High Court u/s 260-A IT Act, the date on which appellate authority set aside the judgment of Assessing officer would be relevant date for payment of Court fee - However, if it happen to be before..........
Tamil Nadu Court Fees and Suits Valuation Act, 1955, Section 40, 25 -- Court fee - Calculation of - Suit for cancellation of sale deed on ground of invalidity - Proper valuation of suit property stands on different footing than applicability of particular provision of Act under which court fee is payable - In such situation, court fee cannot be determined on basis of..........
Court Fees Act, 1870, Section 7(i) -- Court fee - Suit for damages on account of defamation, causing physical and mental harassment, agony and malicious prosecution - Principles of evaluation of suits as in simple suits for recovery of liquidated claims will not apply for the purpose of Court fee in a suit for damages - Valuation put by plaintiff has to be tentative and..........
