Civil Procedure Code, 1908, Order 33, Rule 15, 15-A -- Permission to sue in forma pauperis - Rejection of application - Court to grant reasonable time to pay requisite Court fee irrespective of whether time to pay Court fee is sought or not - Trial Court was not justified in preventing applicant from prosecuting his suit by rejecting Court fee subsequently tendered on..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Court fee - Non payment - Plaint rejected U.O.7.R.11 - Application U.O.9.R.4 is not maintainable - Decree passed U.O.7.R.11(c) is a decree u/s 2(2) of the Code, hence appealable...........
Civil Procedure Code, 1908, Section 148, 149, Constitution of India, 1950, Article 225 -- Allahabad High Court Rules, 1952, Chap.30.Rr.9, 31, Succession Act, 1925, Ss.276, 278 - Succession - Court fee - Grant of probate or letters of administration - Deposit of court fees - To be made within 3 months from date of order of grant - Time period - Statutory - Enlargement - Not..........
A P Court Fees and Suits Valuation Act, 1956 -- Court fee - Court after holding an enquiry is to fix the value of the property - Suit when held not properly valued without holding following the procedure and without stating what the market value of property was on date of suit, is erroneous...........
Civil Procedure Code, 1908, Section 148, 151 -- Default to pay balance court fee - Suit dismissed for default - Restoration - Notice to defendant must be given - Held, when plaint is rejected, a right is vested in the defendant which cannot be set at naught without giving notice...........
Civil Procedure Code, 1908, Section 149 -- Deficit Court fee - Extension of time for payment - (i) Section 149 CPC has to be interpreted and given effect to in a liberal manner; (ii) the payment of deficit court fee is a matter between the State i.e. Revenue and the plaintiff; (iii) the effect of allowing an application under Section 149 CPC is as if the deficit court fee..........
Civil Procedure Code, 1908, Section 149 -- Deficit Court fee - Extension of time for payment - Application not filed on time - Extension of time sought on ground of inability to arrange for the requisite funds - Plaintiff nothing to gain by delaying the making up the deficiency in Court fee - There is no element of mala fides or contumacy - Time extended for making up the..........
Civil Procedure Code, 1908, Section 149, 151 -- Deficient Court fee - Court has jurisdiction to permit the party to make up the deficiency in Court fee even after expiry of limitation...........
Civil Procedure Code, 1908, Section 148, 149 -- Appeal, affixing of less court-fee - Court has jurisdiction under Section 148 to allow appellant to make up deficiency in court-fee at any stage and if such prayer allowed and court-fee paid, then such court-fee shall have the effect as if it had been paid in the first instance - Under Section 149 Court has jurisdiction to..........
Civil Procedure Code, 1908, Order 3, Rule 4(2) -- Advocate - Fee - Bank paid 50% fee at the time of filing plaint - Vakalath terminated during pendency of suit - Court directed that Advocate is entitled to 25% of fee and directed to return the balance of excess received from Bank - Circular instructions issued by Bank are binding on Bank and Counsel as well - Order of..........
