Stamp Act, 1899, Section 47A, Tamil Nadu Stamp (Prevention of Undervaluation of Instruments) Rules, 1968, Section 47A(6) -- Market value of property - Provisional order - Collector is obligated to communicate the provisional order to parties concerned in respect of fixation of correct value of property and also the duty payable in Form II - However, after the issue of Form..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Defendant had taken a ground that suit was undervalued and Court fee was insufficiently paid - Said submission is not covered U.O.7.R.11(b), (c) CPC as Court had not directed plaintiff to correct valuation or to supply required Court fee - This is not a ground for rejection of plaint - Plaint not liable..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Valuation of suit and court fee - It is nature of relief claimed which becomes the basis for valuation of a suit - A suit is always to be valued on the reliefs as claimed - Market value of any property cannot be a decisive factor for valuation of suit - Since the relief..........
Civil Procedure Code, 1908, Order 7, Rule 11(b) -- Rejection of plaint - Valuation and payment of Court fee - Trial Court while rejecting plaint does not specifically set down the correct value of relief in the plaint on which plaintiff was required to pay Court fee, nor does it specify the quantum of Court fee payable on such value - Court in a vague manner directed the..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Question of valuation of suit and pecuniary jurisdiction is a mixed question of law and facts - It cannot be decided as a preliminary issue...........
Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection/return of plaint - Deficient Court fee - Valuation of suit property is mixed question of fact and law - Even, valuation of property is subject matter of trial and upon determination of exact value thereof exact quantum of Court fee can be arrived at - Moreover, since valuation itself is disputed by defendant, it..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of ownership and permanent injunction - Plea of non est factum - Plaintiffs claimed to be absolute owners thereby denying not only correctness of Power of Attorney in favour of defendant but also subsequent execution of sale deeds by Attorney - Defendant transferred the property in favour of his father and..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Determination of valuation of suit pertaining to infringement of trade mark is a mixed question of facts and law and same can be decided at the time of final adjudication of suit - Plaint cannot be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Determination of valuation of suit pertaining to infringement of trade mark is a mixed question of facts and law and same can be decided at the time of final adjudication of suit - Plaint cannot be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Valuation and payment of Court fee - Plaintiff valued the suit for declaration at Rs.50 lacs on which fixed Court fees has been paid and for purpose of permanent injunction, plaintiff valued the suit for Rs.1000 and paid Court fees of Rs.120 which cannot be said to be improper at this stage - Moreover,..........
