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Judgment Search Results Home  Phrase:the kerala court fees and suits valuation act 1 act 10 of

Jul 15 2003

Chief Project Manager Vs. Aji Kurian

  • Decided on : 15-Jul-2003

Court : Kerala

Reported in : AIR2004Ker206; 2003(3)KLT56

orderj.b. koshy, j. 1. whether the word 'the government' used in section 73a of the kerala court fees and suits valuation act, 1959 (10 of 1960) (hereinafter referred to as the act) would include the central government? if so whether the officers of the railway also can claim benefit of the above section treating them as officers of the central government while filing suits, appeals etc. on behalf of the ..... comprehensive amendment to the kerala court fees and suits valuation act, 1959 was made by the kerala court fees and suits valuation (amendment) act, 1991 (6 of 1991). the government have now felt that the act need be amended again so as to effect timely changes in the court fee collected under the act. xxxx xxx xxx xxx 4. in accordance with schedules i & ii of the kerala court fees and suits valuation act, 1959, government have to pay proper court fee for filing plaint ..... , memorandum of appeal, petitions, other pleadings and all other documents before courts. government have noticed that much difficulties are being experienced by the office of .....

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Aug 16 1978

Balakrishnan Nambiyar and Ors. Vs. Kanakathidathil Madhavan and Ors.

  • Decided on : 16-Aug-1978

Court : Kerala

Reported in : AIR1979Ker40

..... the ground of non-payment of proper court-fee. 3. in all those cases, only a court-fee of rs. 10/- had been paid on each memorandum of appeal. this was on the basis that the subject-matter of the appeals it governed by article 3 (a) (1) of schedule ii of the kerala court-fees and suits valuation act (hereinafter referred to as 'c. f. act'). this article would apply when the ..... matter is not governed by any of the other specific provisions in the c. f.act. ..... where there has been a detailed review of the prior decisions rendered on the subject by various high courts. the karnataka high court took the view that in view of section 48 of the karnataka court-fees and suits valuation act, which corresponds to section 51 of the c. f. act, the appellant in an appeal, filed against a decision of a subordinate judge on a reference under ..... of the court-fees act of 1870. 10. a detailed discussion of the question occurs in a decision rendered by the division bench of the karnataka high court in ghouse saheb v. sharifa bi (air 1977 kant 181). as pointed out in that decision, the language of the section (section 51 of the c. f. act corresponds to section 48 of the karnataka court-fees and suits valuation act) is clear .....

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Mar 06 1981

M.P. Chandramathy Amma Vs. K.N. Balakrishnan Nair

  • Decided on : 06-Mar-1981

Court : Kerala

Reported in : AIR1982Ker47

..... 1977 filed under section 28 of the hindu marriage act, 1955 is the appellant. court-fee of rs. 10/-was paid under schedule ii-3 (iii) (a) (1) (b) of the kerala court-fees and suits valuation act, for short, the act. (on the appellant's contention the proper court-fee will be rs. 5/-). the taxing officer has objected to the court-fee paid. his stand is that the appeal falls under ..... article 1(vi) read with, section 52 of the act since the ..... contrasted it with the entry relating to the hindu marriage act. article 1(ii), (iii) and (iv) prescribe court-fee for petitions, claims or memorandum of appeal while schedule ii (1) (vi) prescribe court-fee for petitions alone. this provision is silent about the court-fee on memorandum of appeal. he submits that the court-fee payable in the appeal is governed by the residuary clause ..... same as the subject matter of the petition filed in the court of first instance. section 52 directly applies. court-fee payable is the same court-fee that is paid in the court of first instance.6. the appellant's counsel contended that though under the hindu marriage act decisions under sections 9, 10, 11, 12 and 13 would be decrees, they are not .....

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Jun 29 2011

Mudavangadan Abbas Vs. Kurrippurathodi Mayinkutty and Others

  • Decided on : 29-Jun-2011

Court : Kerala

Reported in : 2012(3)KLT540; 2012(3)KLJ560

..... case did not arise for consideration in the aforesaid decisions. 10. for the aforesaid reasons, i am of the view that the court below was right in holding that the plaintiffs are entitled ..... so. in john arthur henshaw v. sulochana (2010 (1) klt 10), a learned single judge held that on a settlement of the case on reference to the lok adalat, the plaintiffs are not entitled to get refund of one-tenth of the court fee paid by them under section 4a of the kerala court fees and suits valuation act. the questions which arise for consideration in the present ..... to get refund of only one-half of the court fee paid. no interference is ..... section 89 cpc does not apply, refund of court fee as provided under section 16 of the court fees act, 1870 does not arise. in cases covered by private settlement and a compromise under rule 3 of order xxiii of the code of civil procedure, the kerala court fees and suits vacation act would apply. section 69 of the said act reads as follows: 69. refund in cases .....

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Sep 27 2006

Peter Vs. Sara

  • Decided on : 27-Sep-2006

Court : Kerala

Reported in : 2006(4)KLT219

..... meaning 'ordered to be paid'. the division bench, therefore, further held that under section 51 of the kerala court fees and suits valuation act, in short 'the act', the appellant has to pay court fee on the appeal, which shall have to be computed in terms of article 1 in schedule 1 of the act.' (the division bench order dated 30.8.2005 is the reported decision in jose v. district collector ..... also comes to the conclusion that the earlier judgment of a bench of three learned judges is incorrect, reference to a bench of five learned judges is justified.10. section 6 of the kerala high court act confers on the chief justice being the master of the roster, to place any case before a full bench. that is a power to be exercised on ..... while exercising the jurisdiction under section 7(1), the family court shall be deemed to be a district court or as the case may be a subordinate civil court depending upon the nature of the suits or proceedings before it. there is also further deeming provision in section 10(1) which states that while exercising jurisdiction under section 7(1) family court shall be deemed to be a 'civil ..... under chapter ix of the code of criminal procedure, can restore a petition, which was dismissed for default, either exercising its inherent power, or applying the provisions under section 10 of the act.this, in my opinion, is an important question of law, which is to be considered by a larger bench, in view of the full bench decision in sathyabhama v .....

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Mar 08 2004

Commissioner of Income Tax Vs. A.M. Habeeb

  • Decided on : 08-Mar-2004

Court : Kerala

Reported in : (2004)188CTR(Ker)100; [2004]268ITR344(Ker); 2004(2)KLT202

..... 1. an important question as to the retrospective effect of section 52a of the kerala court fees and suits valuation act, 1959 (hereinafter referred to as 'the act') inserted by the kerala court fees & suits valuation (amendment) act, 2003 providing for court fee payable on memorandum of appeal filed before the high court against the orders of the tribunal, both under the it actit actit act and under the wt act ..... schedule ii in the kerala court fees and suits valuation (amendment) act of 2003. however a court fee of rs. 10 was being paid under art, 3(iii)(a)(1)(b) of schedule ii to the said act. the kerala court fees and suits valuation act was initially amended by an ordinance dt. 26th oct., 2002 and later it was replaced by the kerala court fees and suits valuation (amendment) act, 2003 w.e.f ..... assets held by that party though the subject-matter of the appeal is only a small item of the assets. under the kerala court fees and suits valuation act (section 51 and 52 expln. i) court fee is payable on the relief claimed in the appeal. what is the reason for this change in section 52a ? was it ..... . 26th oct., 2002, inserting section 52a.11. now let us see the provisions of section 52a inserted by the amendment act .....

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Oct 19 2006

Nabeesa Vs. Kuhnami

  • Decided on : 19-Oct-2006

Court : Kerala

Reported in : 2006(4)KLT757

..... of his 1/3rd share at rs. 75,000/-. fixed court fee of rs. 50/- under section 37(2) of the act was paid. petitioners in their written statement contended that the plaint ..... in this petition.2. petitioners are the defendants and respondent the plaintiff. the suit is for partition of the plaint schedule properties comprising 12 items in different survey numbers. plaintiff has valued the properties as provided under section 7 of the court fees and suit valuation act, hereinafter referred to as the act, and shown the total market value at rs. 2,25,000/- and value ..... 2,25,000/-. as respondent is claiming 1/3 share he has shown the value of his share for the purpose of valuation of the suit at rs. 75,000/-.5. chapter ii of the act comprising sections 4 to 9 deals with the liability to pay court fee. chapter iii comprising sections 10 to 20 provides the determination of court fee. chapter iv comprising sections 21 to 52 ..... by advocate sri. kodoth sreedharan. it reads:there is really an interesting question which arises incases under section 53(2) of kerala court-fees and suits valuation act. the section merely says that the value for the purpose of determining the jurisdiction of courts shall be the market value; of what is not madeclear. it can be the market value of the relief claimed or of .....

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Sep 27 2006

Peter P.O. Vs. Sara

  • Decided on : 27-Sep-2006

Court : Kerala

Reported in : AIR2007Ker81

..... meaning 'ordered to be paid'. the division bench, therefore, further held that under section 51 of the kerala court fees and suits valuation act, in short 'the act', the appellant has to pay court-fee on the appeal, which shall have to be computed in terms of article 1 in schedule 1 of the act.' (the division bench order dated 30-8-2005 is the reported decision in jose v. district collector ..... also comes to the conclusion that the earlier judgment of a bench of three learned judges is incorrect, reference to a bench of five learned judges is justified.10. section 6 of the kerala high court act confers on the chief justice being the master of the roster, to place any case before a full bench. that is a power to be exercised on ..... while exercising the jurisdiction under section 7 (1), the family court shall be deemed to be a district court or as the case may be a subordinate civil court depending upon the nature of the suits or proceedings before it. there is also further deeming provision in section 10(1) which states that while exercising jurisdiction under section 7(1) family court shall be deemed to be a 'civil ..... under chapter ix of the code of criminal procedure can restore a petition, which was dismissed for default, either exercising its inherent power, or applying the provisions under section 10 of the act.this, in my opinion, is an important question of law, which is to be considered by a larger bench, in view of the full bench decision in sathyabhama v .....

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Aug 17 2011

Jayrajan Vs. Sabitha

  • Decided on : 17-Aug-2011

Court : Kerala

Reported in : 2011(4)KLJ256; 2011(4)ILR(Ker)306; 2011(4)KLT262; 2011(4)KHC174

..... rules also do not insist that a certified copy of the order of a family court would be issued only on an application. 6. civil rules of practice are made by the high court of kerala by virtue of the power conferred under section 122 of the cpc, kerala court fees and suit valuation act, 1959 and all other powers thereunto, enabling the making of such rules. obviously therefore ..... 10 provides for an endorsement at the top of the first page of the judgment or order that an appeal can be preferred to the high court of kerala within a period of 30 days from the date of the judgment/order. rule 13 of the procedure rules enjoins that every appeal under section 19(1) of the fc act shall be ..... against which an appeal lies under section 19 of the fc act, shall be given free of cost to the parties. sub rule 2 of rule ..... the procedure rules. section 20 of the fc act provides that the provisions of that act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than that act. 5. rule 10(1) of the procedure rules provides that a copy of every judgment/order .....

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Jan 18 2005

P.V.K. Menon Vs. Excelads (P) Ltd.

  • Decided on : 18-Jan-2005

Court : Kerala

Reported in : AIR2005Ker166; 2005(1)KLT995

..... ,470/-plaintiffs have paid the balance court fee as well. suit was decreed in favour of the plaintiffs as ..... time of institution of the suit under section 4a of the kerala court fees act rs 39,830/-balance court fee to be paid rs 3,58 ..... . plaintiffs have valued the suit under section 42 of the court fees act, as follows:valuation for the purpose of court feeand jurisdiction for relief (a) rs. 75,00,000/-(no court fee is chargeable for the alternative reliefs (b) and (c).court fee to be paid under section 42, schedule article of the kerala courtfees and suits valuation act in respectof relief (a) rs. 3,98,300/-1/10 of court fee to be paid at the .....

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