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...........
Court Fees -- Suit dismissed for non payment of court fee - Trial court has jurisdiction u/s.151 CPC to restore the suit. (Civil Procedure Code, 1908, O.7R.11(c) & S.151)..........
Court Fees -- Sale deed challenged being fraudulent - Petitioner himself a party to the sale - suit for mere declaration does not lie - Court fee is payable at the substantive relief asked for - Held, main relief claimed being cancellation of sale deed, court fee is to be paid on the sale consideration...........
Court Fees Act, 1870 -- Sch.II, Article II - Court fee - Land Acquisition - No Court fee would be payable on solatium or additional Compensation...........
