Court Fees Act, 1870, Section 7(ivB) (b) and 7 (v) -- Termination of licence - Suit for mandatory injunction for delivery of possession if brought without undue delay then the suit is maintainable and the Court fee payable would be under section 7 (iv-B) (b) and not Sec.7 (v) of the Act...........
Civil Procedure Code, 1908, Order 33, Rule 1 -- Permission to file appeal as indigent person - Rejected - Order to pay Court fee - In the meantime Court Fee Act amended and Court fee on appeal reduced - Held, Court fee is to be paid at the rate as on date of filing of application and not on date or rejection...........
Civil Procedure Code, 1908, Order 3, Rule 4 -- Discharge of counsel - Can only be by leave of Court - Counsel's instructions terminated unilaterally without cause - Counsel is entitled to full fee...........
Civil Procedure Code, 1908, Section 149 -- Land acquisition - Appeal for enhancement - Court fee deficient - No request for making up deficiency till disposal of appeal enhancing compensation - Subsequent application for making up of deficiency of Court fee by invoking S.149 - Cannot be allowed - S.149 Applies to pending cases only...........
Civil Procedure Code, 1908, Order 33, Rule 8, Civil Procedure Code, 1908, Section 114, Order 44, Rule 1 -- Review- Indigent plaintiff or appellant filing review petition - Need not to pay Court fee as review is a proceeding connected with the suit or appeal...........
Civil Procedure Code, 1908, Order 33, Rule 1 -- Pauper application - Applicant found to have sufficient means to pay Court fee - Procedure - Application not to be rejected outrightly but an opportunity should be given to pay Court fee...........
Specific Relief Act, 1963, Section 6(3) -- Appellant amended his plant and claimed the relief of possession and also paid the Court fee - It was therefore a suit for possession - Appellant is specifically barred...........
Civil Procedure Code, 1908, Order 33, Rule 5, 7, 15-A -- Application to sue as indigent person - Refusal under Rules 5 or Rule 7 - Court should grant time for payment of requisite court fee...........
Civil Procedure Code, 1908, Order 33, Rule 7, 15-A, Civil Procedure Code, 1908, Order 7, Rule 11 -- Application to sue as indigent person - Permission declined - Order passed in presence of counsel for applicant - Omission to ask for time to pay court fee by counsel - Not fatal - It is the duty of court to grant time for that purpose itself...........
Civil Procedure Code, 1908, Section 115, Order 33, Rule 7, 15-A -- Application to sue as indigent person - Permission declined - Court not granting time to pay court fee - Subsequently, on application for grant of time, Court granting time - Such grant of time cannot amount to extension of period of limitation - Order granting time does not call for interference in..........
