Search Results for "court fees valuation"

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Search Results for "court fees valuation"

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High Court

Bombay High Court Enhances Royalty for Court Receiver's Property in License Dispute. Court modifies Receiver's order fixing royalty at Rs.45,000 per month and enhances to Rs.1,50,000 per month based on valuation report and market rates.

6 Sep 2013

The plaintiff filed a chamber summons seeking modification of the Court Receiver's order dated 24 August 2010 fixing royalty at Rs.45,000 per month fo...

High Court

Karnataka High Court Quashes Trial Court Order Directing Court Fee on Market Value in Partition Suit. Valuation Must Be Decided on Plaint Allegations, Not Cross-Examination Admissions, Under Sections 35(1) and 35(2) of Karnataka Court Fees and Suits Valuation Act, 1958.

17 Jul 2026

The writ petition arose from a suit for partition and separate possession filed by the plaintiff (petitioner) against his brother and the legal heirs ...

High Court

Bombay High Court Upholds Family Court Order Directing Husband to Pay Full Ad Valorem Court Fees on Claim for Recovery of Amount in Matrimonial Dispute. Court Fees Act, 1959 - Section 8 - Inquiry into Court Fees - Held that when a party claims a specific sum of money, court fees must be paid on that amount, and the court can treat an application as an inquiry under Section 8.

6 Apr 2018

The petitioner-husband, Shri Vijay Jagdish Chheda, filed a writ petition in the Bombay High Court challenging an order of the Family Court No. 2, Pune...

High Court

Bombay High Court Upholds Trial Court Order Directing Valuation Under Bombay Court Fees Act in Will Cancellation Suit. Suit for cancellation of Will is not a mere declaratory suit and requires valuation under Sections 6(iv)(d) and 6(iv)(ha) of the Bombay Court Fees Act, 1956.

5 Feb 2013

The petitioners, original plaintiffs, filed a suit challenging the Will of Narinder Singh Chowdhary, who died on 21/01/2012. The plaintiffs sought a d...

High Court

High Court of Karnataka Allows Writ Petition Challenging Rejection of Application for Return of Plaint on Pecuniary Jurisdiction Grounds. The court held that the Trial Court must determine jurisdiction based on proper valuation and cannot merely accept the plaintiff's valuation without scrutiny.

13 Jan 2016

The petitioners, defendants in a civil suit, challenged an order of the IV Additional Civil Judge and JMFC, Belgaum, dated 19.09.2014, rejecting their...

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 Dismisses Writ Petition Challenging Return of Appeal Memo for Lack of Pecuniary Jurisdiction. Forum of appeal determined by valuation in decree, not plaint valuation under Section 8 of Suits Valuation Act, 1887 and Section 6 of Bombay Civil Courts Act, 1869.

26 Jun 2014

The petitioners, original plaintiffs, filed Regular Civil Suit No.1171 of 2006 seeking declaration that a gift deed dated 10/11/2005 executed by defen...

High Court

Bombay High Court Dismisses Appeal Against Return of Plaint in Suit Involving Agreement for Flat Purchase. Amendment Seeking Declaration of Invalidity of Subsequent Sale Contract Held Governed by Section 6(iv)(ha) of Bombay Court Fees Act, 1959; City Civil Court Loses Pecuniary Jurisdiction.

1 Dec 2010

The appeal arose from an order passed by the Judge, City Civil Court, Greater Mumbai, returning the plaint to the appellant under Order 7 Rule 10 of t...

High Court

Bombay High Court Allows Revision Against Deficit Court Fee Demand in Railway Claims Tribunal Appeal. Fixed Court Fee of Rs.25 Held Applicable Under Article 3 of Schedule II of Maharashtra Court Fees Act, 1959 for Appeals Under Section 23 of Railway Claims Tribunal Act, 1987.

2 Aug 2017

The applicants, dependants of deceased Rajanna Linganna Akitwar who died in an untoward incident of falling from a train on 23.04.2012, filed a claim ...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Plaint Rejection Application in Suit for Declaration of Ownership and Injunction. Court held that the valuation of the suit for court fee purposes does not determine jurisdiction for the purpose of Order 7 Rule 11 CPC, and the plaint cannot be rejected on the ground of undervaluation unless the court finds that the suit is not properly valued and the plaintiff fails to correct it within the time fixed.

3 Jan 2022

The petitioner, original defendant no.3, filed a writ petition challenging the judgment and order dated 06.10.2020 passed by the learned 2nd C.J.S.D.,...

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