Court Fees Act, 1870, Section 7(iv)(c) -- Court fee - Executant of sale deed when seeks cancellation of deed he has to pay ad valorem court fee on the consideration stated in the sale deed - If non executant seeks declaration that the deed is null or void and does not bind him or his share he has to merely pay a fixed court fee and in case he is not in possession and he..........
Court Fees Act, 1870, Section 7(iv)(a)(As -- Ad valorem Court fees - Suit for declaration that sale deed is null and void - U.P. Amended Act specifically provides for payment of court-fee in case where suit is for or involving cancellation or adjudging/declaring void or voidable an instrument securing property having money value - Ad valorem Court Fees u/s 7(iv)(a) of the..........
Court Fees Act, 1870, Section 5 -- Court fee - Suit for declaration that sale deed is null and void - Plaintiff not executant thereto - If the relief is for declaration that sale deed is null and void and not for cancellation of sale deed then plaintiff is required to value suit for declaration and not the value mentioned in sale deed...........
Court Fees Act, 1870, Section 7(iv)(c) -- Ad valorem Court fee - Suit for declaration that sale deed is null and void and has no binding effect upon rights of plaintiff - It does not amount to cancellation of sale deed - Moreover plaintiff not party to sale deed - Plaintiffs cannot be directed to pay ad valorem Court fee...........
Civil Procedure Code, 1908, Order 7, Rule 11(b) -- Rejection of plaint - Sale deed - Property pleaded to be coparcenary property and that alienation of same is without legal necessity and alleged sale deeds are without consideration and are fraudulent in nature - Court fee in such a claim in main suit is not required to be paid as sale deeds stand in the way of plaintiff..........
Court Fees Act, 1870, Section 7(iv)(A)(As -- Court fee - Suit for declaration that sale deed is null and void - Where suit is for or involving cancellation or adjudging/declaring null and void decree for money or an instrument, S.7(iv)(A) of Act is applicable and not Art.17(iii) of Court Fees Act, as said Article is applicable only when there is no provision elsewhere in..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration that sale deed is null and void - Question as to whether Court fee is payable ad valorem - Court to frame issues and to treat the issue as to payment of court fee as preliminary issue and to decide the preliminary issue after parties led evidence on such preliminary issue - Order..........
Court Fees Act, 1870, Section 7(iv)(c) -- Ad valorem court fee - Payment - A sale deed executed through guardian is on better footing that the case where the sale deed bears the signatures of petitioner, which otherwise obtained by fraud - Held, petitioner is liable to pay ad valorem court free...........
Civil Procedure Code, 1908, Order 7, Rule 11, Court Fees Act, 1870, Section 7(iv)(b)(c) -- Rejection of plaint - Failure to pay ad valorem Court fee - Suit for declaration and claim of joint possession of suit property - Plaintiffs only seek declaration of their share with claim of joint possession of suit land to the extent of their share - Neither plaintiffs sought..........
Court Fees Act, 1870, Section 7(iv)(c) -- Sale deed - Challenge to - In case of no, executant, not in possession of suit property, prays for consequential relief of possession as well as suit for declaration, ad valorem Court fee has to be paid u/s 7(iv)(c) of Act - But in case of no, executant of sale deed, in possession of suit property seeks declaration that sale deed..........
