Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for possession - Plaintiffs had filed a suit for possession, however, ad valorem Court fee was not affixed - First appellate Court has directed plaintiffs to deposit Court fee to remedy the error/mistake - Court has only moulded relief in order to advance cause of justice - No interference warranted...........
National Highways Act, 1956, Section 7, 9, National Highways Fee (Determination of Rates and Collection) Rules, 2008, Rule 8 -- Location of toll plaza - Construction of - Petition files to restrain such construction - Plea regarding non- challenging of Detailed Project Report - DPR is a study of recommendations constituting opinion of experts - Merely because DPR was not..........
National Highways Act, 1956, Section 7, 9, National Highways Fee (Determination of Rates and Collection) Rules, 2008, Rule 8(1) -- Location of toll plaza - Construction of toll plaza at 194 km - Challenge as to - Toll plaza have been located at a point where there was sufficient space and would prevent leakage of traffic - Said construction at 194 km is not arbitrary or..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration challenging transfer deed - Ancestral property sold by father of plaintiff in excess of his share - Plaintiff not being executant to transfer deed, is not entitled to pay ad valorem Court fees...........
Court Fees Act, 1870, Section 7(iv)(c) -- Deficient Court fee - Suit for declaration that Will is null and void with consequential relief of permanent injunction - Plaintiff seeking relief that defendant be restrained from alienating suit property - But without declaration of relief as such nature in the form of permanent injunction cannot be claimed by him independently -..........
Court Fees Act, 1870, Section 7(viA) -- Court fee - Partition suit - Suit instituted by plaintiff and valuation of suit as made by her was appropriately valued as per trial Court after calling for a report from Amin - No error found in said judgment of trial Court - However, subsequently when parties lead their evidence, superior appellate Court or revisional Court comes..........
Court Fees Act, 1870, Section 7 -- Suit for permanent injunction and restoration of possession - Deficient Court fee - Suit dismissed by trial Court on the ground that relief of recovery of possession has not been valued properly and no Court fees has been paid for the same - However, Court ought to have granted time to plaintiff to correct valuation - Findings of Courts..........
Court Fees Act, 1870, Section 7(iv) -- Court fee - Suit for declaration of title, permanent injunction as well as declaring sale deed as null and void - Plaintiff is a party to transaction, who is trying to avoid sale deed by alleging that same was got executed by playing fraud - Order directing plaintiff to pay ad valorem Court fee is proper...........
Court Fees Act, 1870, Section 7(v) -- Licence - Termination - Suit for mandatory injunction - Court fees liable to be paid thereon, duly paid - Simplicitor suit for mandatory injunction is maintainable - Plaintiff cannot be asked to pay Court fees u/s 7(v) of the Act - Impugned order to pay further Court fee set aside...........
Court Fees Act, 1870, Section 7(v)(e) -- Court fee - Suit for declaration that registered exchange deed be declared illegal, null and void and result of fraud and also seeking possession of one of the suit properties - Court fee ad valorem on the market value is payable on the property of which possession is sought - As no market value is stated in the plaint as such Court..........
