Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 222 days in filing the appeal - Plea of appellant that due to poverty she could not arrange for fee to engage counsel - Ex facie explanation sought to be tendered lacks bonfides as applicant being fully conscious of her rights and/or for redressal of her grievance had engaged a counsel and filed present..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Cancellation of exchange deed - If executant of an instrument seeks to get it annulled, he is required to pay ad valorem Court fee as per consideration shown in instrument - However, if trial Court finds that ad valorem Court fee is required to be paid over and above consideration shown in the instrument, in such..........
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...........
Legal Services Authorities Act, 1987, Section 22D -- Recovery of dues - Permanent Lok Adalat is not bound by principles of evidence and provisions of CPC - Even, Permanent Lok Adalat adopts a summary procedure and no court fee is payable and award passed by Permanent Lok Adalat is final and binding as no appeal lies against award passed by the Act...........
Courts Fee Act, 1870, Section 7(ivA) - - As amended in U.P. - Court fee - Suit for cancellation of sale deed and for permanent injunction with consequential relief of declaration - Suit filed for cancellation of sale deed, therefore, suit property covered by sale deed has to be valued in terms of S.7(iv-A) of U.P Amendment Act - Court fees thus, has to be computed..........
Practice and procedure -- Two Advocates - Fee dispute - It is not for any Court to settle dispute between lawyers with regard to payment of fees - If there is any misconduct on the part of lawyer in taking up the brief of another lawyer, normally it is for Bar Council and not for Court to settle the dispute...........
Civil Procedure Code, 1908, Order 33, Rule 1, 2, 6, Himachal Pradesh Tenancy and Land Reforms Act, 1972 - - Permission to file suit as an indigent person - Plaintiff physically disabled person - Plaintiff entitled to relief of non payment of Court fee in terms of the provisions of Himachal Pradesh Legal Services Authority Act, 1987 - Held, when application is filed U.O.33..........
Civil Procedure Code, 1908, Order 7, Rule 11 - - Suit for cancellation of sale deed - Suit neither properly valued not proper Court fee is paid - Plaint rejected...........
Court Fees Act, 1870, Section 7 -- Court fee - Specific performance - Court fee is to be paid only on the proportionate share of which plaintiff seek possession...........
