Court Fees Act, 1870, Section 7(iv)(c), Article 17 -- Court fees - Suit for declaration simplictor declaring sale deeds in question as void and illegal and not binding on plaintiffs - Fixed Court Fee will be attracted as per Art.17 Scheduled II of the Act and not as per S.7(iv)(c) of the Act...........
Court Fees Act, 1870, Section 7(iv)(c) -- Court fees - Suit for declaration that sale deeds are null and void and permanent injunction - Once plaintiffs were not party to sale deeds and defendant has not disposed of properties as Karta of Joint Hindu Family then certainly rigors of S.7(iv)(c) of the Act is not attracted and plaintiffs cannot be fastened with liability of..........
Court Fees Act, 1870, Section 7(iv)(c), Civil Procedure Code, 1908, Order 7, Rule 11 -- Court fee - Rejection of plaint - Since plaintiff-respondent were not seeking decree for declaration they were rightly held not liable to pay ad valorem court fee by Trial Court and order deserves to be upheld...........
Court Fees Act, 1870, Section 7(iv)(c), Civil Procedure Code, 1908, Order 7, Rule 11 -- Court fee - Rejection of plaint - Issue of court fee is primarily between plaintiff and State - Defendants have hardly any role to play - Trial Court was well within its jurisdiction to pass order and same deserves to be upheld...........
Court Fees Act, 1870, Section 7(iv)(c), Civil Procedure Code, 1908, Order 7, Rule 11, Constitution of India, 1950, Article 226 -- Court fee - Rejection of plaint - Defendants cannot be permitted for stalling progress of suit before Trial Court because they are not going to suffer any kind of prejudice due to alleged inadequacy of court fee paid by plaintiff - Although it..........
Court Fees Act, 1870, Section 7(iv)(c) -- Court fee - Suit for declaration that relinquishment deed and sale deed in question is null and void - Plaintiffs are already in possession of suit property - They need not seek cancellation of relinquishment deed or sale deed, as they are not executants of sale deed - Case falls u/s 7(iv)(c) of the Act - Plaint properly valued...........
Court Fees Act, 1870, Section 7(iv)(c) -- Ad valorem Court fee - Cancellation of sale deed - Plaintiffs not executant of sale deed - Plaintiffs not liable to pay ad valorem Court fee on the sale consideration mentioned in the sale deed - Ad valorem Court fee is required to be paid by executant of a sale deed who seeks to get it cancelled/annulled - A non executant who..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fees - Partition suit - Plaintiff continues to be joint owner of suit properties - There is no averment in plaint to suggest ouster or exclusion - Since plaintiff is in constructive possession of suit properties, therefore, she is not entitled to pay ad valorem Court fee...........
Court Fees Act, 1870, Section 7(v), 7(xi)(e) -- Court fee - Issue relating to valuation decided in negative - Question as to whether proper Court fee is paid is primarily a question between plaintiff and the State - Defendant has no right to move superior Court against order adjudging payment of Court fee payable on the plaint...........
Court Fees Act, 1870, Section 7(iv)(c), Article 17(iii) -- Court fees - Declaration of sale deeds to be null and void sought without seeking relief of cancellation of sale deeds - Plaintiff not party to the sale deeds - Ad valorem Court fee not required to be paid...........
