Court Fees Act, 1870, Section 7(iv)(c) -- Ad valorem Court fee - Sale deed executed by General Power of Attorney after cancellation of attorney by registered cancellation deed - Prima facie deemed that plaintiff was not a party to the sale deed - Plaint sought to be rejected on the plea that plaintiff is bound to affix ad valorem court fee - Rejection of application -..........
Court Fees Act, 1870, Section 7(iv)(c) -- Court fee - Suit for partition - Plaintiff not in actual or construction possession - Court fee payable is ad valorem on market value of share of plaintiff in suit property and not on market value of entire suit property - Plaintiff cannot be directed to approach revenue authorities to determine the market value of suit property as..........
Court Fees Act, 1870, Section 7(v) -- Court fee - Challenge to sale deeds to which plaintiffs were not party - Plaintiffs not liable to pay ad-valorem court fee on sale consideration - However, for relief of possession plaintiff are liable to pay court fee on ad-valorem value of suit land...........
Court Fees Act, 1870, Section 7(v) -- Ad-valorem court fee - Determination of market value - Suit land is agricultural land - Held, market value shall be ten times the land revenue of land...........
Court Fees Act, 1870, Section 7(i) -- Damages or compensation - Court fee - Claim of Rs.5.00 lacs as damages - Held, when a specific sum as damages is claimed then ad valorem Court fee on the sum claimed as damages has to be paid - However, in a case where no specific sum of damages is claimed and damages are yet to be calculated then a fixed court fee is to be paid on the..........
Court Fees Act, 1870, Section 7(iv)(a) -- Ad valorem court fee - Agricultural land - Suit for possession - Held, for relief of possession, plaintiff has to pay ad valorem court fee on 10 times of land revenue of suit land - Impugned order of trial court directing plaintiff to pay ad valorem court fee on actual market value of suit land is illegal and beyond jurisdiction -..........
Court Fees Act, 1870, Section 7(ivA) -- Suit for declaration of cancellation of sale deed - Valuation of court fee - Held, for cancellation of an instrument in which plaintiff or his predecessor is in title was not party, plaintiff is required to pay court fee on one-fifth of market value of subject matter...........
Court Fees Act, 1870, Section 7(ivA), 7(v) -- Suit for declaration that agreement to sell is void - Court fee - Agreement to sell cannot be treated at par with sale deed - Suit cannot be valued on the value of immovable property - Suit cannot be valued at annual rental value of land - Suit should be valued on the earnest money paid...........
Court Fees Act, 1870, Section 7(iv)(c), (v)(e), Civil Procedure Code, 1908, Order 7, Rule 11 -- Filing of declaratory suit in which consequential relief of injunction sought - Valuation of court fee - Held, plaint for purpose of court-fees and jurisdiction is required to be valued in accordance with S.7(iv)(c), (v)(e) of Act on market value of suit property - Plaintiff not..........
Court Fees Act, 1870, Section 7(iv)(c), (v)(e), Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Held, if Court is not in a position to determine correct valuation of suit property and, therefore, plaint cannot be rejected U.O.7.R.11 CPC for want of correct valuation for purpose of Court fee...........
