Court Fees Act, 1870, Section 7(ii) -- Court fees - Suit for maintenance - Valuation of suit at ten times of the amount claimed to be payable for one year - Ten times the annual maintenance as the valuation of Court fee is very stiff and unrealistic - Court directed the concerned State governments to suitably amend the provision in Court fees Act and exempt claims for..........
Court Fees Act, 1870, Section 7(iv)(b), Article 17(6) - - Court fees - Partition suit by one of the co-owners - For the purpose of assessment of court fee, pleadings in the suit have to be seen - Possession of joint property by one co-owner, is in the eyes of law, possession of all even if but one are in actual physical possession - Every co-sharer is deemed to be in..........
Civil Procedure Code, 1908, Order 33, Rule 11(b) -- (as amended by State of Kerala) - Permission to sue as indigent person - Payment of Court fee - Discretion is conferred on Court to pass an order as regards payment of Court fee - However, if said discretion is not exercised in favour of unsuccessful appellant while disposing of appeal, unsuccessful appellant who has been..........
Court Fees Act, 1870, Section 7 -- Court Fees - Future mesne profits or damages - Court fee is not payable and in case any decree is passed, then only the decree holder is liable to pay Court fee...........
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..........
Agreement to sell -- Specific performance - Ready and willing - Neither there was any averment in plaint that plaintiffs were ready or always been ready to perform their part of contract nor they deposited the balance sale consideration in Court to show their bona fide i.e readiness and willingness - Moreover, plaintiffs were not able to mobilise funds even to pay Court..........
Income Tax Act, 1961, Section 43B -- 1988 amendment - Any amount payable by the assessee, by whatever name called, would be deductible if actually paid in time - This includes tax, duty, cess, fee or called by any other name - Respondent not paying the Vend fee in time - Revenue disallowing the same - High Court missing the 1988 amendment enlarging the scope of section..........
Partition suit -- Court fee - Simple suit for partition by metes and bounds - Court fees is payable to extent of share claimed, and not on basis of valuation of entire property...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Certified copy thereof - Uploading of FIR on website - Necessary directions issued: (i) The accused is entitled to get a copy of First Information report at an earlier stage as prescribed u/s 207 Cr.P.C. (ii) An accused who has reasons to suspect that he has been roped in a criminal case and his name may be finding place..........
Civil Procedure Code, 1908, Order 7, Rule 11(b) -- Rejection of appeal - Increase in Court fee payable after institution of suit and before filing of appeal - Court fee is payable on memorandum of appeal according to law in force on the date of institution of suit, in the absence of any provision giving retrospective effect to the amendment increasing the Court fee payable..........
