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Search Results for "court fees valuation"

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High Court

Bombay High Court Dismisses Petition Seeking Refund of Court Fees in Suit Settled Through Mediation Under Section 89 CPC. Court Holds That Section 16 of the Court Fees Act, 1870 Does Not Mandate Refund Upon Settlement Through Alternative Dispute Resolution.

1 Oct 2014

The petitioner, Sanjeevkumar Harakchand Kankariya, entered into an agreement to sell immovable property with respondents No.3 and 4. When the agreemen...

High Court

Bombay High Court Decrees Suit in Favour of Financial Advisor in Commercial Summary Suit for Professional Fees — Interpretation of Mandate Letter Options for Success Fee on Cash Sales of NPAs. Court holds that where the Bank exercised option of 100% cash sales, the Financial Advisor is entitled to success fee at the higher rate of 0.50% on cash received, as per option (a) of the Mandate Letter dated 1 July 2017.

25 Feb 2025

The Plaintiff, Special Situation Advisors (India) Pvt. Ltd., a company registered under the Companies Act, 1956, engaged in providing financial adviso...

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...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Trial Court's Order on Court Fee Valuation in Partition Suit — Suit Properly Valued Under Section 35(2) of Karnataka Court Fees and Suits Valuation Act, 1958.

20 Feb 2018

The petitioners, defendant Nos. 3 and 4 in a partition suit (O.S. No. 53/2010) pending before the Principal Senior Civil Judge, Udupi, filed a writ pe...

High Court

Bombay High Court Allows Petition in Court Fees Dispute for Injunction Suit. Suit for Simplicitor Injunction Falls Under Section 6(iv)(j) of Bombay Court Fees Act, Not Section 6(iv)(d) for Possession.

13 Feb 2013

The case involves a writ petition filed by the Plaintiffs (Lalchand Kalro and others) against the Respondents (Neeraj Lalchand Kalro and others) chall...

High Court

Bombay High Court Dismisses Second Appeal in Possession Suit, Confirms Concurrent Findings on Limitation and Valuation. Article 65 of Limitation Act, 1963 applies to suit for possession based on title, and valuation under Section 14(1) of Maharashtra Court Fees Act, 1959 is not a jurisdictional issue.

15 Dec 2016

The appellant, original defendant, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the concurrent judgments ...

High Court

High Court of Karnataka Pronounces Order on Writ Petition Challenging Trial Court's Preliminary Findings on Maintainability and Court Fee in Easementary Suit; Trial Court Had Ruled That the Suit for Declaration of Easementary Right-of-Way Was Properly Valued Under Sections 24(d), 26(a), and 30 of the Karnataka Court Fees and Suits Valuation Act, and Not Based on Market Value of the Property Under Section 24(a).

20 Jul 2026

This writ petition under Articles 226 and 227 of the Constitution of India challenged the order dated 10.10.2025 passed by the Civil Judge and JMFC, K...

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...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Plaint Rejection Application Under Order VII Rule 11 CPC. Court holds that valuation for court fees and jurisdiction is a mixed question of law and fact not to be decided at preliminary stage.

20 Jan 2015

The petitioner, M/s Prism Reality, filed a writ petition under Article 227 of the Constitution challenging the order dated 30.07.2014 passed by the le...

High Court

High Court of Karnataka Allows Refund of Court Fees in DRT Proceedings When Main Petition Becomes Infructuous — Section 16 of the Court Fees Act, 1870 Applicable. The court held that the DRT erred in rejecting the refund application without considering Section 16 of the Court Fees Act, 1870, which provides for refund when a case becomes infructuous.

19 Nov 2024

The petitioners, Sri Narayana Murthy H M and Smt. Chandrakala R., filed a writ petition under Articles 226 and 227 of the Constitution of India before...

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