Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for mandatory injunction directing defendants to pay damages/compensation on account of loss of reputation and malicious prosecution - Tentative valuation is given by plaintiff in the plaint and there is no prayer whatsoever wherein damages have been quantified - Quantification of damages would be determined by..........
Court Fees Act, 1870, Section 7(ivA) -- (as applicable in State of UP) - Ad valorem Court fee - Suit for declaration that Will is null and void along with consequential relief of permanent injunction - Will is related to movable and immovable properties of testator - Suit has to be valued only on the face value of such a Will till it was declared void by Court and was to..........
Court Fees Act, 1870, Section 7(i) -- Court fee - Suit for mandatory injunction - Plaintiff tried to camouflage the relief of specific performance as well as for recovery of fixed amount by treating it to be a suit for mandatory injunction - Court needs to be conscious of the relief sought by plaintiff - Order to pay ad valorem Court fee, upheld...........
Court Fees Act, 1870, Section 7(i) -- Court fee - Claim of damages of 50 lakhs - There is determined amount of money by way of damages - It is no where in the plaint that it is tentative valuation for the purpose of this relief of damages - Ad valorem Court fee payable in terms of S.7(i) of the Act...........
Court Fees Act, 1870, Section 7(i) -- Ad valorem Court fee - Money suit - Suit in question is a money suit for compensation and damages falling u/s 7(i) of the Act, therefore ad valorem Court fees would be payable on amount claimed...........
Court Fees Act, 1870, Section 7(i) -- Ad valorem Court fee - Money suit - Valuation for purposes of jurisdiction and relief has to be same in the money suits falling under category S.7(i) of the Act...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Suit for declaration that plaintiff is joint owner and in joint possession - Non party to a document is not required to seek annulment thereof - Suit for declaration that transfer deed is not binding is sufficient - No ad valorem Court fee is payable - Application rightly rejected...........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration that sale deed is null and void - Plaintiff companies claim that they are not executor of sale deed in question - Even though, it is disputed question of fact, but same would not in any manner exempt plaintiffs from legal requirement to pay ad valorem Court fee - Plaintiffs rightly directed to..........
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...........
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...........
