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 33, Rule 14 -- Death of indigent plaintiff/appellant - Liability of legal heirs of appellant to pay Court fee - When an appeal is preferred by legal heirs of a party to suit, they are bound to satisfy the requirement to maintain an appeal including liability to pay Court fee - No doubt, they can apply for permission to proceed with appeal..........
Civil Procedure Code, 1908, Order 33, Rule 14 -- Death of indigent plaintiff/appellant - Liability of legal heirs of appellant to pay Court fee after disposal of appeal - In case of death of an indigent appellant after disposal of appeal, property and assets of deceased alone would stand liable to answer the recovery U.O.33.R.14 CPC and in that case it is not permissible..........
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...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to incorporate correct valuation and Court fee payable - Same ought to have been allowed so as to facilitate curing defect in the suit - Munsiff Court directed to consider the amendment application and pass orders before staring trial...........
Insolvency and Bankruptcy Code, 2016, Section 60(5)(c) -- Corporate Insolvency Resolution process (CIRP) - Payment of insolvency Resolution costs - Adjudicating authority merely directed respondent to pay expenses incurred without considering submission of appellant - Neither basis of claim nor its reasonableness has been considered by adjudicating authority - Appellate..........
Civil Procedure Code, 1908, Section 149 -- Deficient Court fee - Delay in payment - If entire Court fee is paid within limitation period provided for filing suit, no notice is necessary to respondent in the application for condonation of delay in payment of deficient Court fee...........
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...........
