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...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- No cross-objections maintainable unless there is a properly constituted appeal - Insufficiently stamped appeal is in competent and therefore cross objections not maintainable - Appeal not properly constituted for want of court-fee - Cross-objections cannot be  entertained  in Âdeciding the matter on merits...........
Court Fees Act, 1870, Section 7(o) -- Suit for Mandatory injunction asking the defendant to execute the lease deed - Suit in the nature of specific performance - Court fee to be paid in accordance with S.7(9) of the Act...........
Land Acquisition Act, 1894, Section 54, 26, 23, 34 -- No court-fee payable on interest and solatium which claimant entitled to under statute- Court-fee payable only on market value of land - Court Fees Act, Section 8...........
