Search Results for "Court Fees"

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Search Results for "Court Fees"

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High Court

Bombay High Court Allows Writ Petition Against Trial Court's Order to Delete Plaint Prayers in Suit for Declaration and Cancellation of Sale Deed. Court Held That Trial Court Cannot Direct Deletion of Prayers Without First Deciding Valuation and Court Fee Issues Under Order VII Rule 11 CPC.

27 Jun 2014

The petitioners, as power of attorney holders of Smt. Manisha Nimbalkar, filed Special Suit No. 325 of 2013 before the Civil Judge, Senior Division, N...

High Court

Bombay High Court Allows Appeal on Court Fees Computation for Counter Claim in Property Suit — Directs Computation on Appellants' Share Only. Court fees under Section 6(iv)(ha) of Bombay Court Fees Act, 1959 to be computed on value of property only to extent of appellants' share in counter claim seeking declaration that agreement to assign is void.

15 Oct 2013

The appeal arose from an order of the learned Single Judge dated 1 April 2013 on a Chamber Summons taken out by the appellants to set aside an order o...

High Court

Bombay High Court Allows Appeal Against Single Judge Order Requiring Separate Valuation and Court Fees for Joint Will Probate. Court Holds That a Joint Will Executed by Testator and Testatrix Constitutes a Single Subject for Probate, Attracting Single Court Fee Under Bombay Court Fees Act.

2 Jul 2013

The appeal arose from an order of the Learned Single Judge dated 6 February 2013 in a Testamentary Petition for probate of a joint will executed by Ka...

High Court

Bombay High Court Dismisses Petition by Municipal Council Challenging Trial Court's Order on Court Fees and Issue Deletion in Injunction Suit. Ownership Not Required to Be Proved in Suit for Simplicitor Injunction; Possession Sufficient.

21 Feb 2013

The case involves a writ petition filed by the Chief Officer of Mangalwedha Municipal Council and others against an order of the Civil Judge, Junior D...

High Court

Bombay High Court Allows Revision Against Order Permitting Withdrawal of Suit with Liberty to File Fresh Suit Under Order 23 Rule 1 CPC. Defects in Plaint Including Misjoinder, Non-valuation, and Improper Reliefs Held Not Formal Defects.

23 Dec 2005

The case involves a civil revision application under Section 115 of the Code of Civil Procedure, 1908, filed by Rajaram s/o Jairam Raut (the defendant...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Suit for Declaration and Injunction. Court holds that valuation for court fees and jurisdiction is determined by the relief claimed in the plaint, and the trial court's finding that the suit was properly valued is a finding of fact not warranting interference under Section 115 CPC.

25 Jun 2019

The case arises from Regular Civil Suit No. 780 of 2009 filed by respondents no.1 and 2 (plaintiffs) against the applicants (defendants) seeking a dec...

High Court

Bombay High Court Allows Petitions Challenging Court Fees in Suits for Declaration and Injunction — Section 6(iv)(j) of Bombay Court Fees Act, 1959 Applicable Instead of Section 6(v). The Court held that suits for declaration and injunction simpliciter, without seeking possession, require court fees under Section 6(iv)(j) based on market value, not fixed fee under Section 6(v).

5 Oct 2012

The case involves a group of 31 writ petitions filed by M/s. Indrapuram Resort Apartments, a partnership firm, challenging the court fee valuation in ...

High Court

Bombay High Court Allows Revision Petition in Civil Suit for Injunction — Dispute Over Agricultural Land Sale Deed Validity. Court Holds That a Party Cannot Be Compelled to Pay Court Fees on a Higher Valuation When the Suit Is for Permanent Injunction and the Plaintiff Has Not Sought Declaration of Title.

6 Aug 2012

The petitioner, Suresh Sahebrao Tawale, was the original defendant No.4 in a civil suit filed by the respondents (original plaintiffs) for permanent i...

High Court

Bombay High Court Allows Writ Petition Challenging Court Fee Order in Suit for Declaration that Sale Deed is Null and Void. Court held that a plaintiff who is not the executant of a sale deed and does not seek possession is not liable to pay ad valorem court fee on the value of the property under the Maharashtra Court Fees Act.

5 Apr 2017

The petitioner, Niraj Walle, filed a suit for declaration that a sale deed dated 24th December 2010 is null and void and not binding on him. He is not...

High Court

High Court of Bombay at Goa Dismisses Petition Challenging Rejection of Plaint Rejection Application in Injunction Suit. Court holds that valuation for court fees and jurisdiction in a suit for injunction simplicitor is based on the relief claimed, not the subject matter value, and that Order VII Rule 11(b) CPC cannot be invoked for undervaluation without first seeking correction of valuation.

15 Oct 2018

The petitioner, Mr. Agnelo Gregorio Jose Simoes, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 16/09...

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