Court Fees Act, 1870, Section 7(iv)(c) -- Ad valorem Court fee - Executant seeking declaration that transfer deed is null and void - Possession not claimed by plaintiff - Since plaintiff himself is the executant of the deed and he seeks cancellation of the deed, he is not required to pay ad valorem court fee at the market value of the property...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Plaintiff was ordered to pay ad valorem court fees on the market value of the entire shopping complex - By amendment plaintiff has confined the subject matter of suit to the tenanted shop only - Held, plaintiff has offered to pay ad valorem court fees on the valuation of the said shop - Application for..........
Court Fees Act, 1870, Section 7, Civil Procedure Code, 1908, Order 7, Rule 11 -- Suit for declaration, possession and injunction - Court fees - Prayer made in suit that sale deed be declared as void and also for a decree of possession - Even if plaintiff was not party to transaction, he has to put valuation of suit property - Therefore order of Court rejecting plaint and..........
Court Fees Act, 1870, Section 7(iv)(c), Specific Relief Act, 1963, Section 34 -- Declaratory suit - Ad valorem court fee - Payment of - Plaintiff pleaded that he did not execute sale deed, but he sought declaration regarding entire sale deed being invalid - Held, plaintiff is liable to pay ad valorem court fee on entire sale consideration recited in sale deed - However, if..........
Kerala Court Fees and Suits Valuation Act, 1960, Section 37(2) -- Suit for partition - Court fees - Specific averment in plaint was that plaintiff was in joint possession of suit property with other co-shares - Ouster or exclusion from possession not shown - Plaintiff not liable to pay ad valorem court fee under S.37(1) - Payment of fix Court fees under S.37(2), proper...........
Civil Procedure Code, 1908, Order 7, Rule 11, Court Fees Act, 1870, Section 7(iv)(c) -- Court fees - Suit for cancellation of sale deed - On the ground that it is illegal, null and void without seeking possession of property - Plaintiffs are liable to pay ad-volorem Court fee on the consideration of sale deed sought to be cancelled...........
Tamil Naidu Court Fees and Suits Valuation Act, 1955, Section 4, Civil Procedure Code, 1908, Section 149, Order 7, Rule 11 -- Rejection of appeals - Deficit court fee was not paid in time i.e. within period of limitation - Held, need to hear opposite party becomes a necessity as per law - Therefore, objection made by opposite party that appeals were defective at the time..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fees - This power is conferred by legislature on the Court - This plea can be taken in written statement and the same is not available in an application U.O.7.R.11 CPC...........
Rajasthan Court Fees and Suit Valuation Act, 1961, Section 38(1)(a) -- Court fee - Suit for cancellation of sale deed - Valuation of suit is to be made on the value of subject matter of suit - Subject matter of suit is not market value of property - Held, value of property for which document was executed is relevant and not its market value for purpose of Court fees...........
Court Fees Act, 1870, Section 7(iv)(c), Article 1 -- Court fees - Suit to obtain declaratory decree where no consequential relief is prayed - Art.17(iii) of Schedule II of the Act, will be applicable - However, suit filed by plaintiff virtually intent for cancellation of sale deed executed by her in favour of defendant - Plaintiff cannot claim possession unless said deed..........
