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Search Results for "court fees valuation"

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High Court

High Court of Karnataka Allows Writ Petition in Probate Court Fee Dispute — Court Fee Payable Only When Claim Becomes Contentious. The proviso to Article 11(l) of Schedule II of the Karnataka Court-Fees and Suits Valuation Act, 1958 requires court fee to be paid only after a caveat is entered or objections are filed, not at the time of filing the application for probate or letters of administration.

4 Jun 2014

The petitioner, Smt. N. Gajalakshmi, filed a writ petition under Article 227 of the Constitution of India challenging an interlocutory order dated 11....

High Court

High Court of Karnataka at Dharwad Allows Writ Petition, Setting Aside Trial Court's Order on Court Fee in Partition Suit. Plaintiff Entitled to Fixed Court Fee Under Section 35(2) as Joint Possession Presumed Unless Ouster Proved.

17 Jul 2026

The High Court of Karnataka at Dharwad, by its single judge, entertained a writ petition under Articles 226 and 227 of the Constitution of India filed...

Supreme Court

Supreme Court Upholds High Court's Rejection of Application Under Order VII Rule 11 CPC in Suit for Damages. Court fees are not payable on a tentative claim at the initial stage when the exact valuation is to be adjudicated later, as per Section 7(i) of the Court Fees Act, 1870 and Order VII Rule 11 CPC.

16 Mar 2022

The dispute arose from a suit filed by the respondent, a retired government officer and advocate, against the State of Punjab and its officers for rec...

High Court

Bombay High Court Upholds Trial Court's Pecuniary Jurisdiction in Property Suit — Valuation Based on Market Value Determines Forum. Suit for Declaration and Injunction Over Non-Agricultural Property Must Be Valued Under Section 6 of Bombay Court Fees Act, 1959; Plaintiffs Directed to Pay Deficit Court Fees.

13 Apr 2015

The case involves a challenge to an order dated 28 October 2014 passed by the 16th Joint Civil Judge, Junior Division, Pune, which held that the court...

High Court

Bombay High Court Allows Writ Petition Challenging Trial Court's Order on Valuation of Suit Property in Partition Suit. Trial Court Directed to Frame Issues on Agricultural/Non-Agricultural Nature and Consider Court Fee Exemption Before Deciding Valuation.

18 Jul 2013

The petitioner, Smt. Manda Vishwanath Tangade, filed a suit for partition and separate possession in the trial court (Regular Civil Suit No.345 of 200...

High Court

Bombay High Court Allows Writ Petition in Partition Suit Valuation Dispute — Court Fee Payable Under Section 6(iv)(d) of Bombay Court Fees Act, 1959 on Market Value of Plaintiff's Share. Suit for partition and possession of agricultural land valued at Rs.4,60,000/- held to be properly valued under Section 6(iv)(d) and not under Section 6(iv)(ha) of the Act.

29 Jul 2010

The petitioner, Sau. Asha Sopan Maithane, filed a writ petition challenging the order dated 02.09.2009 passed by the Civil Judge, Senior Division, Kha...

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

High Court of Karnataka Allows Appeal Against Dismissal of Suit for Non-Payment of Court Fee - Remands for Fresh Consideration on Valuation Issue. The court upheld the remand order of the lower appellate court, directing the trial court to decide the preliminary issue regarding valuation and court fee afresh after hearing both sides.

2 Dec 2016

The respondents (plaintiffs) filed a suit for declaration of title and perpetual injunction in respect of plaint schedule property. The appellants (de...

High Court

Bombay High Court Allows Writ Petition Challenging Order on Pecuniary Jurisdiction — Suit Valuation Determined by Relief Sought in Plaint. The court held that the trial court erred in relying on the defendant's valuation of the suit property to oust its pecuniary jurisdiction, as the valuation for jurisdiction must be based on the relief claimed in the plaint under Section 6 of the Bombay Court Fees Act, 1959.

10 Sep 2014

The petitioners, original plaintiffs, filed Regular Civil Suit No.124 of 2013 before the 4th Joint Civil Judge (Jr. Dn.), Akola, seeking a declaration...

High Court

High Court of Karnataka Dismisses Revision Petition in Eviction Suit — Proper Court Fee Paid Under Section 41(2) of KCF & SV Act. Suit for Ejectment of Tenant Valued at Rs.7,15,000/- Based on Annual Rent and Premium, Held to Be Correctly Valued Under Section 41(2) of Karnataka Court Fee and Suits Valuation Act, 1958.

15 Feb 2024

The respondent, claiming to be the owner of the suit schedule property and alleging that the petitioners are tenants, filed O.S.No.256/2016 before the...

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