Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of pecuniary jurisdiction - Suit for cancellation of sale deed - Court below not conducted any inquiry as required and mandated u/s 7 of Karnataka Court Fee Act - Defendant on whom onus rests to demonstrate that Court has no pecuniary jurisdiction or Court fee paid is insufficient, has failed to place..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Ad valorem Court fee - Simpliciter suit for declaration that sale deed is null and void filed by plaintiff, as they are stated to be in possession of suit property - Plaintiff not sought for relief of possession and cancellation of sale deed - It cannot be said that plaintiff would deem to be party of..........
Court Fees Act, 1870, Section 7(v), (vA), (vB), (vC), (vD)(As - - Court fee - Suit for cancellation of sale deed - Agricultural land - Where land is agricultural land and is subjected to sale, it is rental value of land which becomes true valuation of land, therefore, valuation of subject matter of suit will be determined as per S.7(v), (v-A), (v-B), (v-C), (v-D) of the..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficit Court fee - If the allegations made in plaint are vexatious and clever drafting of plaint has created an illusion in respect of a cause of action, remedy available to defendants is to avail stage of O.10 CPC i.e at the first hearing by examining parties and then act in accordance with law - At..........
Civil Procedure Code, 1908, Section 151 -- Recall of an order - Application filed by defendant - Order directing defendants to pay Court fee to counter claim - Defendant filed counter claim for declaration, injunction and specific performance - However, by way of amendment defendant deleted relief of declaration and ownership - But still trial Court directed defendant to..........
Succession Act, 1925, Section 263 - - Court fee - Application seeking revocation of probate or letters of administration cannot be treated as a suit and shall be treated as Misc. application to be disposed of on fact situation - Burden of proof of seeking such a revocation would therefore lie on applicant in view of S.263 of the Act - Applicant thus, required to pay Court..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration that sale deed in question is set aside - Where executant of sale deed seeks declaration that it be set aside, it has to be by way of a suit seeking cancellation of sale deed, for which ad valorem Court fee is necessary to be paid...........
Civil Procedure Code, 1908, Order 7, Rule 11(2) -- Revision petition - Rejection of plaint - Non-payment of sufficient court fee - Trial Court failed to advert to nature of the land being agricultural land and at the same time, Court has also not adverted to fact that by way of filing second application by the plaintiff himself whether he has acquainted factum of order..........
Court Fees Act, 1870, Section 7(ivA) -- Ad valorem Court fee - Suit for cancellation of agreement for sale - Valuation of suit shall be as per value mentioned in the instrument in terms of S.7(iv-A) of the Act and ad valorem Court fee has to be paid - Art.17 of the Act thus, would not be applicable...........
Court Fees Act, 1870, Section 35 - - Court fee - Exemption from payment of Court fees - Women exempted from payment of Court fees in State of Orissa in view of notification issued by government - It takes with its sweep the woman of any status or nationality...........
