Court Fees Act, 1870, Section 7(v)(a) -- Alienation of Joint Hindu Family Property - Challenged by son that the sale is without legal necessity - Since suit has been filed under Hindu Law as such question of paying ad valorem Court Fee on the sale price does not arise. (1990 Civil Court Cases 240 (P&H) followed)...........
Court Fees Act, 1970, Section 7(iv) -- Plaintiff seeking declaration of ownership by avoiding sale deed and mortgage deed executed by his alleged attorney - Plaintiff claiming to be in possession - Court fee payable would be 10 times the land revenue...........
Civil Procedure Code, 1908, Order 18, Rule 16, Court Fees Act, 1870, Section 6 -- Plaintiff leaving the country as such praying for recording his statement - Defendant had raised the objection with regard to sufficiency of Court fee paid by the plaintiff upon the plaint - Held, the Court committed no error of jurisdiction in permitting the statement of the plaintiff to be..........
Court fees Act, 1870, Section 6(3), 6(4) -- Distinction between Under S. 6(3) Court is barred from proceeding altogether from taking any steps until decision of sufficiency of Court fee - Under Section 6 (4) the only prohibition is that the Court shall not proceed with any other issue until it decides the question of proper amount of court fee...........
Court Fees Act, 1870, Section 7(iv), Article 1 -- Sale deed executed by attorney - Suit for declaration to set aside sale alleging power of attorney a forged document - Court fee is payable ad-valorem on sale consideration - Where the suit is for cancellation of a document to which plaintiff is a party court fee is payable under Article I Schedule I and S.7(iv) is not..........
Court Fees Act, 1870, Section 7(v)(a) -- Alienation of Joint Hindu Family Property - Challenged in a suit for declaration that sale is without legal necessity and without consideration claiming consequential relief of possession - Held, suit has been filed under the Hindu Law as such question of paying ad valorem Court Fee on the sale price does not arise...........
Civil Procedure Code, 1908, Order 33, Rule 5(a) -- Object - Application to sue as indigent person-Omission to mention property - It is immaterial whether omission is deliberate or accidental - If even taking into account the property petitioner is not in a position to pay Court fee application has to be allowed...........
Criminal Procedure Code, 1973, Section 125, 397(2), 482 -- Maintenance petition - Clerk of Bank summoned to prove income of husband - Process fee and died money deposited - Petitioner's evidence closed having failed to produce entire evidence inspite of last opportunity - High Court exercising inherent power u/s.482 of the Code directed the trial court to secure the..........
Court Fees -- Sale deed challenged being fraudulent - Main relief claimed being cancellation - Court fee is payable ad valorem on the sale consideration amount and not on the market value of the property...........
Court Fees Act, 1870, Section 7(v)(a) -- Suit for possession of 1 Biswa of agricultural land assessed to land revenue - This specific Biswa of agricultural land not separately assessed to land revenue - Held, Court fee is payable at 10 times of land revenue and not at the market value of the land...........
