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Search Results for "valuation and court fee"

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High Court

High Court of Karnataka Quashes Order in Civil Revision Petition Due to Lack of Jurisdiction and Non-Compliance with CPC Provisions — Petitioner's Application for Temporary Injunction Dismissed Without Proper Consideration of Order 39 Rules 1 and 2 CPC.

9 Aug 2024

The petitioner, Sangameshgouda Mudigoudra, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of certiorari ...

Supreme Court

Supreme Court Allows Revenue Appeals in Service Tax on Airport Development Fee Case. User Development Fee Collected by Airport Operators Under Statutory Authority is Not Subject to Service Tax Under Finance Act, 1994.

19 May 2023

The Supreme Court considered appeals by the revenue against CESTAT orders that had held user development fee collected by airport operators not liable...

High Court

High Court of Karnataka Allows Appeal Against Rejection of Plaint for Non-Payment of Court Fee in Declaration Suit — Trial Court Directed to Accept Court Fee and Proceed with Suit on Merits. The Court held that rejection of plaint under Order 7 Rule 11(b) CPC is not automatic and plaintiff must be given opportunity to pay deficit court fee before rejection.

1 Feb 2023

The appellant, plaintiff in O.S. No.7602/2013, filed a suit for permanent injunction against the respondent/defendant regarding suit schedule property...

Supreme Court

Supreme Court Allows Appeal in Suit for Declaration and Cancellation of Gift Deed and Sale Deed — Order VII Rule 11 CPC Application Rejected as Plaint Discloses Cause of Action. The Court held that the plaint cannot be rejected under Order VII Rule 11 CPC if it discloses a cause of action, even if the defence may be strong.

1 Jan 2023

The appeal arises from a suit filed by the respondent (plaintiff) before the Delhi High Court seeking declaration and cancellation of a gift deed date...

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

High Court of Karnataka Allows Appeal in CPC Case — Order 43 Rule 1(a) — Setting Aside Order Dismissing Application for Impleading Legal Representatives. The court held that the lower appellate court must consider sufficient cause for delay and the possibility of proceeding against other respondents before dismissing an application for impleading legal representatives.

14 Nov 2018

The appellant, Smt M Veena, filed a Miscellaneous First Appeal under Order 43 Rule 1(a) of the Code of Civil Procedure, 1908, challenging an order dat...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Trial Court Order in Partition Suit — No Jurisdictional Error Found in Rejection of Application to Reopen Evidence Under Order 18 Rule 17 CPC. The court held that the trial court's discretion to reject the application for reopening evidence was judiciously exercised and did not warrant interference under Article 227 of the Constitution.

23 Feb 2018

The petitioners, who are defendants in a partition suit (O.S. No. 56/2006) pending before the Principal Civil Judge and JMFC at Chickballapur, filed a...

High Court

High Court of Karnataka Partly Allows Partition Appeal in Family Property Dispute — Upholds Trial Court's Decree for Partition of Joint Family Properties Except for Certain Items. The court held that the presumption of jointness in a Hindu family continues until rebutted, and the appellants failed to prove that the properties were self-acquired.

21 Jul 2015

The case involves a partition suit filed by the respondents (daughters and mother) against the appellants (sons) seeking partition of joint family pro...

High Court

High Court of Karnataka Partly Allows Partition Appeal in Family Property Dispute — Modifies Trial Court's Decree on Self-Acquired Properties. The court upheld the trial court's finding on joint family property but excluded certain items from partition due to lack of evidence of jointness.

21 Jul 2015

The case involves a partition suit filed by the respondents (daughters and widow) against the appellants (sons) for partition of suit schedule propert...

High Court

Bombay High Court Dismisses Wife's Challenge to Valuation Order in Family Court. Court Holds That Valuation of Relief of Possession Must Be as on Date of Filing Petition Under Section 6(v) of Bombay Court Fees Act, 1959.

25 Jun 2013

The petitioner wife challenged an order of the Family Court No.6, Bandra, Mumbai dated 25 July 2012, which directed the respondent husband to value th...

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