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Search Results for "plaintiff's valuation"

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Supreme Court

Supreme Court Allows Appeal in Property Dispute Over Rejection of Plaint Under Order VII Rule 11 CPC — Held That Plaint Disclosed Cause of Action and Court Fees Issue Was Curable. The Court restored the suit for trial, emphasizing that the High Court impermissibly conducted a mini-trial at the threshold stage.

21 Apr 2026

The appellant, M/s. Marg Limited, a real estate developer, purchased land in Chennai in 2002 and constructed a commercial IT building. In 2011 and 201...

High Court

Madras High Court Dismisses Second Appeal in Possession Suit — Upholds Concurrent Findings on Licensee's Obligation to Vacate. Unregistered Othi Deed Treated as License, Not Lease, Under Section 100 CPC.

29 Jan 2026

The case involves a dispute over possession of a property in Paramakudi. The plaintiff, R.Rajasekaran, purchased the suit property by registered sale ...

Supreme Court

Supreme Court Allows Appeals in Court Fee Valuation Dispute: Circle Rate Not Conclusive for Market Value Under Section 7(iv-A) of Court Fees Act. The Court held that the market value for court fee purposes must be determined based on pleadings and evidence, not merely the circle rate fixed by the Collector.

19 Feb 2020

The appellant, Agra Diocesan Trust Association, filed two suits (O.S. 24/2013 and O.S. 25/2013) in the court of Civil Judge (Senior Division), Dehradu...

High Court

High Court of Karnataka Dismisses Appeal in Partition Suit — Upholds Trial Court's Decree for Partition and Separate Possession. Will dated 27-05-1985 held not binding on plaintiff as it was not proved to be the last will of the testator.

9 Dec 2019

The present appeal arises from a judgment and decree dated 06-12-2013 passed by the XXVIII Additional City Civil Judge at Mayo Hall Unit, Bangalore, i...

High Court

Bombay High Court Dismisses Revision Petition Challenging Valuation Order in Suit for Declaration of Ownership and Possession. Suit for declaration of exclusive ownership and possession of flat must be valued on market value under Section 6(iv)(d) of Bombay Court Fees Act, not under Section 6(4)(j) for specific performance.

9 Jan 2018

The petitioner, Kiran Suresh Bhagiya, filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging an order ...

High Court

Karnataka High Court Quashes Trial Court Order on Court Fee Valuation in Suit for Declaration and Mandatory Injunction. Court holds that when a plaintiff seeks declaration that a document is forged and not binding, the relief is not capable of valuation and court fee is payable under Section 24(d) of the Karnataka Court Fees and Suits Valuation Act, 1958, not under Section 11(2).

29 Apr 2015

The petitioners, who were plaintiffs in O.S.No.166/2006 before the II Civil Judge at Mysore, filed a suit for declaration that a palupatti dated 8.7.1...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Plaint Return in Suit for Possession Against Gratuitous Licensee. Court Holds That Suit for Recovery of Possession Against Gratuitous Licensee Is Exclusively Triable by Small Causes Court Under Presidency Small Causes Court Act, 1882.

12 Sep 2014

The appeal arises from a judgment and order dated 7 May 2014 of a learned Single Judge of the Bombay High Court dismissing the appellant's (original d...

High Court

Bombay High Court Upholds Taxing Master's Order on Court Fees in Property Suit — Court Fees Must Be Paid on Current Market Value Under Section 5 of Bombay Court Fees Act, 1959. Plaintiff's Challenge to Order Directing Payment of Court Fees on Current Market Value Dismissed as Consent Decree in Prior Suit Does Not Affect Court Fee Liability in Subsequent Suit.

24 Jul 2013

The plaintiff, Smt. Hema Valecha, filed a Chamber Summons challenging an order dated 2nd May 2011 passed by the learned Taxing Master of the Bombay Hi...

High Court

Bombay High Court Allows Plaintiff's Motion for Determination of Priority of Claims Against Sale Proceeds of Arrested Vessel in Admiralty Suit. The court directed that the order of priority of claims against the sale proceeds shall be determined after the expiration of a period specified by the court and that a notice inviting claims be published under Sub-rule 951(3) of the Bombay High Court Rules.

19 Oct 2012

The plaintiff, Sparebanken Sogn og Fjordane, a Norwegian bank, filed an admiralty suit against the vessel m.v. BOS ANGLER and its owner Bos Angler AS,...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Application to Stay Suit Under Section 10 CPC. Court Held That Section 10 CPC Does Not Apply When Parties Are Not Same in Both Suits and Subject Matter Is Not Directly and Substantially in Issue.

1 Dec 2011

The petitioner, original plaintiff, filed Regular Civil Suit No.19 of 2009 seeking a declaration that a sale deed dated 31/10/2008 was obtained by fra...

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