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Judgment Search Results Home > Search Phrase: the kerala court fees and suits valuation act 1 act 10 of Page 1 of about 14,946 results (0.310 seconds)

Sep 27 2006 (HC)

Peter Vs. Sara

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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Sep 27 2006 (HC)

Peter P.O. Vs. Sara

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 (HC)

Jayrajan Vs. Sabitha

Court : Kerala

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

..... 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 cpccpccpc, kerala court fees and suit valuation act, 1959 and all other powers thereunto, enabling the making of such rules. obviously therefore, it is an instrument having effect by virtue of laws other than the fc ..... 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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Aug 24 1992 (HC)

Mathai Brijitha Vs. Thankappan Nair

Court : Kerala

Reported in : AIR1993Ker79

..... as an indigent person as she was unable to pay the court fee required for the memorandum of appeal. the court fee payable on the review petition is rs. 4775/-under article 5 of schedule 1 of the kerala court fees and suits valuation act, 1959 (act 10 of 1960). according to the petitioner, she is unable to pay the court fee required for the review petition. she has therefore filed this petition ..... for being allowed to file the review petition as an indigent person. the question is whether this can be allowed, as order xliv rule 1 speaks specifically only ..... forma pauperis should bear court fee. after quoting section 410 of the code of 1877, which corresponds to order xxxiii rule 8 of the code of 1908, the bench observed :'now the word 'suit' undoubtedly means the suit instituted on permission to sue as a pauper being given. that suit is then to proceed as an ordinary suit under the act. one of the incidents ..... plaintiff shall not be required to pay any court fee or fees payable for service of process in respect of any petition, appointment of pleader or other proceedings connected with the suit. this provision applies mutatis mutandis by virtue of the provisions of. rule 1 of order xliv to appeals as well, so that when a suit or an appeal is allowed to be .....

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Jul 15 2003 (HC)

Chief Project Manager Vs. Aji Kurian

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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Sep 18 1963 (HC)

Chacko T. Marattukulam Vs. Catholic Bank of India Ltd.

Court : Kerala

Reported in : AIR1964Ker181

..... act, 1949. under the t-c. court-fees act, 1125, such appeals had to bearad valorem court-fees under article i, schedule i or fixed court-fee under article viii schedule ii of that act.7. but the present case stands on a different footing. it has arisen in a proceeding to fix the liability of a debtor under section 450 of the banking companies act commenced after the kerala court-fees and suits valuation act, x ..... of 1960, has come into force; and therefore the court-fee ..... payable on the present appeal has to be determined under the latter act.8. in the kerala court-fees and suits valuation act, x of 1960 schedule ii article 3 (iii) (a)(3 ..... to hold that this appeal which is filed 'under section 5 of the kerala high court act, 1958..... and section 45n of the banking companies act, 1949' has to bear court-fee under article 3(111) (a) (2) (c) of schedule ii of the kerala court-fees and suits valuation act, x of 1960, which provides:.'3. memorandum of appeal .....not otherwise provided .....

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Jan 04 1973 (HC)

Asma Beevi Vs. Haji M.V. Moidu

Court : Kerala

Reported in : AIR1973Ker161

..... paid on the amount claimed under section 22 of the kerala court-fees end suits valuation act, 10 of 1960 (for short, the act), in the trial court, in the first appellate court and in s a, 1182/1969 of this court in the memorandum of appeal now under consideration, the valuation shown is the original claim, namely. rs. 3,138 ..... to an order of conviction or acquittal and 68 such court-fee is payable under article 3 (1) of sch, ii. the decision rests mainly upon the circumstance that ..... .1. the question raised is whether proper court-fee has been paid on the memorandum of appeal filed in an appeal preferred under section 5 of the kerala high court act, 1958. the suit which gave rise to this proceeding was laid by the appellant-plaintiff for realisation of an amount of rs. 3,138.20 charged on the property scheduled to the plaint. ad valorem court-fee was ..... that on a memorandum of appeal presented by an accused in a criminal case against ms conviction and sentence court-fee should be naid under art 3 (1) and not 31 (g) of sch, ii of the madras court-lees and suits valuation act. 1955. it was observed that the word 'order* in the context of a criminal appeal should be taken to include a judgment leading .....

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Aug 16 1978 (HC)

Balakrishnan Nambiyar and ors. Vs. Kanakathidathil Madhavan and ors.

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 (HC)

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

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 (HC)

Mudavangadan Abbas Vs. Kurrippurathodi Mayinkutty and Others

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 ..... 89 cpccpccpc 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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