Hindu Adoptions and Maintenance Act, 1956, Section 18, 20 -- Maintenance - Court Fee - Claim for maintenance is to be treated as a petition and not a suit - Court Fee Act is not applicable...........
Civil Procedure Code, 1908, Order 6, Rule 17, Court Fees Act, 1872, Section 6(5) -- Plaint - Amendment sought to pay the proper Court fee - Amendment allowed - Held, once deficiency of Court fee is made good within time allowed by Court, the date of institution of the suit would be deemed to be the date on which the suit was filed...........
Court Fees Act, 1870, Section 7(iv) -- Payment of court fee - Theft of tractor which was insured with insurance company - Plaintiff filed civil suit against insurance company for recovery of price of tractor and also compensation on account of harassment and loss of profit - Held, plaintiff is required to fix ad valorem court fee...........
Court Fees Act, 1870, Article 17(vi) -- Schedule II - Partition - Court fee - In a suit for partition if joint possession is pleaded by plaintiff then fixed Court is payable - Prima facie when plaintiff is excluded from joint possession to which he is entitled in law then fixed court fee is payable...........
Court Fees Act, 1870, Section 7, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Plaintiff filed suit for mandatory injunction seeking direction to defendant to make payment of damages of Rs.One lac for his act and conduct which resulted into lowering prestige, status and honour of plaintiff in eyes of public - Ad valorem Court fee not paid - Suit dismissed - Appeal..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court fee - Order passed on 5th to pay balance Court fee on 10th - Plaint rejected for non payment of Court fee within time granted - Held, plaintiff is entitled to get a maximum period of 15 days to pay balance fee after framing of issues - Rejection of plaint not proper...........
Suits Valuation Act, 1887, Section 8, 7(iv) -- Once the plaintiff exercise his option and values his claim for the purpose of Court-fee, that determines the value for jurisdiction - In the instant case value of suit for the purposes of Court Fee and jurisdiction assessed at 1, 00, 100/- which came within pecuniary jurisdiction of Subordinate Judge - Return of plaint by..........
Court Fees Act, 1870, Section 7(iv)(d) -- Court fee - Claim of damages of 20 lacs on account of loss caused to property, tractor, car, motor-cycle, electric connection, electric motors etc. - Plaintiff himself assessed the value of compensation of 20 lacs - Through suit is framed for declaration and mandatory injunction but it is the relief claimed and not form of suit,..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Challenge to 1/7th share in the sale deed - Court fee paid accordingly - Plaint cannot be rejected - Question whether entire sale deed is questioned or only limited to the extent indicated by plaintiff can only be decided after parties lead evidence...........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Plaint when insufficiently stamped and time for making good deficiency of court fee is granted then the plaint is deemed to be presented when it was first received by the Court...........
