Court Fees -- Must be considered in light of allegation made in plaint and its decision cannot be influenced either by pleas in written statement or by final decision of suit on merits...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 4, Rule 1(3) -- Rejection of plaint - As per O.4.R.1(3) CPC there can be no due institution of a suit without proper court fees being paid - Purpose of O.7.R.11 CPC is that relief which is not properly valued for the purposes of court fees be not put to trial and should be rejected at the..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 43, Rule 1 -- Rejection of plaint - Appeal - Quantification of damages - Plaintiff without appropriately valuating the suit for relief of recovery of damages claimed and without quantifying the damages claimed and paying appropriate Court fees thereon is not entitled to have claim for damages..........
Court Fees Act, 1870, Section 7(iv)(c), Article 17(iii) - - Suit for declaration that sale deed is null and void - When non executant seeks declaration then is required to pay fixed court fee - If executant of sale deeds seeks cancellation of sale deed then he is required to pay ad valorem court fee...........
Court Fees Act, 1870, Section 7(iv)(b), Article 17(vi) -- Court fee - Suit for partition - Co-owners - Unless ouster is pleaded, co-owners would be deemed to be in joint possession of a joint property and in a suit seeking partition court fee of Rs.19.50 has to be affixed and not with reference to value of property with reference to share of parties to be separated...........
Civil Procedure Code, 1908, Order 7, Rule 11, Court Fees Act, 1870, Section 7(vi), 7(c) - - Rejection of plaint - Suit for declaration that sale deed is null and void - Plaintiff not party to the registered sale deed - If plaintiff is not executant of sale deed he is not required to pay ad valorem court fee - Order dismissing application - Calls for no interference...........
Court Fees Act, 1870, Section 7(ivA) - - Sale deed - Suit for cancellation of sale deed or adjudging it void or voidable - Valuation of suit has to be on the market value of the subject matter of sale and not on sale consideration shown in the instrument - Market value of property has to be ascertained by keeping into consideration the explanation to S.7(iv-A) of the Act...........
Court Fees Act, 1870 -- Court fee - Amended relief of specific performance - Application for amendment was brought within time before relief for specific performance could have been lost by law of limitation - Court condoned delay in payment of court fee and allowed for carrying out amendment - Held, order itself became effective from original order allowing amendment -..........
Court Fees Act, 1870, Section 7(v), Constitution of India, 1950, Article 227 -- Ad valorem court fee - Suit for joint possession of suit land alleging it to be coparcenary property of parties - Plaintiffs also challenged two transfer deeds executed by defendant No.1 in favour of defendants Nos.2 and 3 regarding suit land - Plaintiffs are not party to transfer deeds which..........
Court Fees Act, 1870, Section 7(iv)(c) -- Computation of court fee - Petitioner claims to be co-sharer in the property on the basis of natural succession - Seeks declaration that mutation of inheritance of deceased is null and void - Subsequent sale deeds are based on illegal and wrongful mutation - Petitioner is not an executant of sale deeds, nor the relief of possession..........
