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Search Results Judgments > Act:the kerala court fees and suits valuation act 1 act 10 of

Sep 27 2006

Peter Vs. Sara

  • Decided on : 27-Sep-2006

Court : Kerala

Reported in : 2006(4)KLT219

... 51 of the Court-fees Act has to be given a wide and generic sense as 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 ... 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 ... the Kerala Court Fees and Suits Valuation Act, 1960. It is also to be seen that a Division Bench of this Court in Jose v. District Collector 2005(4) KLT 207, after referring to the Full Bench decision in Balakrishnan Nambiyar's case (supra) has held that under Section 51 of the Kerala Court Fees and Suits Valuation Act, an appeal in terms of Section 54 of the Land Acquisition Act is ... Suits Valuation Act, 1960. It is also to be seen that a Division Bench of this Court in Jose v. District Collector 2005(4) KLT 207, after referring to the Full Bench decision in Balakrishnan Nambiyar's case (supra) has held that under Section 51 of the Kerala Court Fees and Suits Valuation Act, an appeal in terms of Section 54 of the Land Acquisition Act is chargeable with ad valorem Court Fee ...

Sep 27 2006

Peter P.O. Vs. Sara

  • Decided on : 27-Sep-2006

Court : Kerala

Reported in : AIR2007Ker81

... Sction 51 of the Court-fees Act has to be given a wide and generic sense as 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 ... 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 ... , under Section 51 of the Kerala High Court Fees and Suits Valuation Act, 1960. It is also to be see that a Division Bench of this Court in Jose v. District Collector 2005 (4) KLT 207 : AIR 2006 Ker 45 after refer ring to the Full Bench decision in Balakrishnan Nambiyar's case (supra) has held that under Section 51 of the Kerala Court Fees and Suits Valuation Act, an appeal in terms ... Suits Valuation Act, 1960. It is also to be see that a Division Bench of this Court in Jose v. District Collector 2005 (4) KLT 207 : AIR 2006 Ker 45 after refer ring to the Full Bench decision in Balakrishnan Nambiyar's case (supra) has held that under Section 51 of the Kerala Court Fees and Suits Valuation Act, an appeal in terms of Section 54 of the Land Acquisition Act ...

Oct 19 2006

Nabeesa Vs. Kuhnami

  • Decided on : 19-Oct-2006

Court : Kerala

Reported in : 2006(4)KLT757

... . The valuation to be shown is the valuation of the share claimed by the plaintiff.8. In Kunju Mohammed Kunju's case (supra) the learned Judge made the following observation which was relied on 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. ... court fee. Chapter III comprising Sections 10 to 20 provides the determination of court fee. Chapter IV comprising Sections 21 to 52 provides for computation of fee. Chapter V comprising Sections 53 and 54 provides for valuation of suits. Section 7 of Chapter II is the provision dealing with determination of market value. Section 7 reads:(1) Save as otherwise provided, where the fee payable under this Act ... 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 ... 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 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 schedule properties are not properly valued for the purpose of court fees ...

Apr 24 1973

Kesavananda Bharati Sripadagalvaru and Ors.Vs. State of Kerala and Anr ...

  • Decided on : 24-Apr-1973

Court : Supreme Court of India

Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1

... Kerala Land Reforms Act,. 1963 (Act 1 of 1964) as amended by the Kerala Land Reforms (Amendment) Act, 1969 (Act 35 of 1969). The aforesaid Act was also challenged in a number of petitions before the Kerala High Court. A Full Bench of the Kerala High Court as per its decision in V.N. Narayanan Nair v. State of Kerala ILR [1970] (II) Kerala 315 upheld the validity of the said Act ... Court on the ground of the inadequacy of the compensation fixed or arrived at by the working of the principles. To illustrate, a law is made to acquire a house; its value at the time of the acquisition has to be fixed; there are many modes of valuation ... acts, the Punjab Security of Land Tenures Act, 1953 (Act 10 of 1953), and the Mysore Land Reforms Act (Act 10 of 1962) as amended by Act 14 of 1965.40. It was urged before the Court that Sankari Prasad's [1952] S.C.R. 89 case in which the validity of the Constitution (First Amendment) Act, 1951 and Sajjan Singh's [1965] 1 ... , Vol. IX, p. 1299. We find on the English Statute Book several Acts, the Land Acquisition Act, the Land Clauses Act, the Housing Act, in all of which a varying basis of compensation has been adopted to suit not only to the nature of the property but also the ... and that therefore fundamental rights were to fee subordinate to Directive or State Policy.1087. Article 31(2) as it originally stood spoke of compensation for acquisition or requisition of property. The meaning given to compensation by the Court was full market value. There was ...

Dec 19 1996

Mafatlal Industries Ltd. and Ors. Vs. Union of India (UOI) and Ors.

  • Decided on : 19-Dec-1996

Court : Supreme Court of India

Reported in : 2002(83)ECC85; 1997(89)ELT247(SC); JT1996(11)SC283; 1996(9)SCALE457; (1997)5SCC536; [1996]Supp10SCR585; [1998]111STC467(SC)

... the Kerala Sales Tax Act. During the year 1950-51, it paid certain amounts by way of sales tax. Subsequently, it filed a writ petition claiming refund of Rs. 80,048-13-6 on the ground that sales on which tax has been levied were exempt from tax under Article 286(1)(a) of the Constitution, as it then stood. The High Court allowed ... of classification, valuation or any other issue, does not automatically entail refund. Section 11-B of the Central Excises and Salt Act and Section 27 of the Contract Act, whether before or after 1991 Amendment - as interpreted by us herein - make every refund claim subject to proof of not passing-on the burden of duty to others. Even if a suit is filed, the ... of a State or a municipality, district board, local board or other local authority in respect of professions, trades, callings or employments. Article 277 deals with taxes, duties, cesses or fees which were being lawfully levied by the Government of any State or by any municipality or other local authority or body for the purposes of the State, municipality, district or ... be unjust to allow him to retain the benefit. These three subordinate principles are closely interrelated.' (page 16).Cheshire Fifoot & Furmston's 'Law of Contract' (12th Edn.) 1991, page 649.)10. The second aspect aforesaid, namely, that the defendant has been enriched 'at the plaintiffs' expense', has been considered by Peter Birks (Professor of Civil Law, University of Edinburgh) 'introduction to ...

Aug 31 2012

Sahara India Real Estate Corporation Limited And Others. Vs. Securitie ...

  • Decided on : 31-Aug-2012

Court : Supreme Court of India

Reported in : (2013)1SCC1

... Kerala High Court in Writ Petition (C) No. 19192 of 2003 [Kunamkulam Paper Mills Ltd. & Ors. V. Securities and Exchange Board of India & Others] learned senior counsel pointed out that SEBI has taken contradictory stand in various forums rather than properly appreciating and applying the provisions of SEBI Act and the Companies Act ... Court of India in Narendra Kumar Maheshwari vs. Union of India (quoted supra), these instruments indeed are debentures.6. The Companies Act recognizes OFCDs as a composite financial instrument where an option is attached to a debenture.7. Design and valuation characteristics of OFCDs, show that it is the sum of the valuation ... section (2) or subsection (2A), the Board shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908),while trying a suit, in respect of the following matters, namely :(i) the discovery and production of books of account and ... proceedings initiated by SEBI and the order passed by SEBI (WTM) dated 23.6.2011 and SAT dated 18.10.2011 are accordingly upheld.JAGDISH SINGH KHEHAR, J.1. I have carefully read the order of my learned brother Radhakrishnan, J. I am however inclined to record my ... ) performing such functions and exercising such powers under the provisions of the Securities Contracts (Regulation) Act, 1956(42 of 1956), as may be delegated to it by the Central Government;(k) levying fees or other charges for carrying out the purposes of this section;(l) conducting research for the ...

Jan 29 2013

M.Arumugam Vs. State of Tamil Nadu

  • Decided on : 29-Jan-2013

Court : Chennai

... Central Legislation Chit Fund Act, 1982. In the circumstances, the Kerala Finance Act 7 of 2002 introducing Section 4(1)(a) in Kerala Chitties Act, 1975, was also void, as the State Legislation stood denuded of the authority to enact the 2002 Act - Public Premises (Eviction of Unauthorised Occupants) Act, 1971, falling under Entry 6 and 7 of List III of the Constitution. The Apex Court pointed out ... the statute itself for declaring the Act ultra vires of Article 14 of the Constitution. (Vide: Ajay Hasia etc. v. Khalid Mujib Sehravardi and Ors. etc. AIR 198.SC 487.Reliance Airport Developers (P) Ltd. v. Airports Authority of India and Ors. MANU/SC/4912/2006 : (2006) 10 SCC 1.Bidhannagar (Salt Lake) Welfare Assn. v. Central Valuation Board and Ors. MANU/SC/ ... Corporate by the name under which it is registered, with perpetual succession and a common seal and with power to hold property, to enter into contracts, to institute and defend suits and other legal proceedings and to do all things necessary for the purposes for which it is constituted. " 172. Thus, on the admission of a member into a society, ... (b) Membership Number: (c) Share taken Rs............... (d) Particulars of amount due to the society Rs............... 12 Number of shares required:13. (a) Amount remitted towards Share Capital and Entrance fees: Rs............. (b) Date of remittance: (c) Mode of remitance: (d) If by Money-Order, Receipt Number and Name of the Post Office in which remitted:14. Whether nomination in ...

Sep 25 2014

Madras Bar Association Vs. Union of India & Anr.

  • Decided on : 25-Sep-2014

Court : Supreme Court of India

... the District Court under Section20(1)of the Act being a decision of a court subordinate to the High Court to which an appeal lay to the High Court was liable to be revised by the High Court under Section115of the CPC. In that view of the matter, the Full Bench rejected the view of the division bench of the Kerala High Court in ... Direct the transfer of any suit or appeal from any such court to any other court of equal or superior jurisdiction; Make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; Prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts; and settle tables of fees to be allowed to ... |realities behind the legal faade. | | |and Mathen (Pvt.)| | | |Ltd. | | | |(1999) 236 ITR | | | |416 (Ker) | | |6 |C.G.T. v. Indo |Valuation of shares-reasonable valuation has to be | | |Traders & |accepted unless the valuation shocks conscience of the | | |Agencies (Madras)|court. | | |Ltd. | | | |131 ITR313(Mad)| | |7 |Vodafone |In company law, there is no transfer of a share when | | |International |there is a ... further that the President or other Member may retain his lien with his parent cadre or Ministry or Department, as the case may be, while holding office as such. 10-FF. Financial and administrative powers of Member Administration. The Central Government shall designate any judicial member or technical member as Member (Administration) who shall exercise such financial and ...

Oct 09 2013

Delhi High Court Bar Association & Anr Vs. Govt of Nct of Delhi & Anr

  • Decided on : 09-Oct-2013

Court : Delhi

... Court Fees and Suits Valuation Act, 1958, the Rajasthan Court Fees and Suits Valuation Act, 1961 and the Bombay Court Fees W.P.(C)No.4770/2012 page 471 of 531 Act, 1959 respectively.834. The petitioners from Rajasthan had challenged before the High Court of Rajasthan the constitutional validity of the provisions of Section 20 read with Article 1 Schedule 1 of the Rajasthan Act which prescribed and authorised the levy of court-fees ... court fees would preclude the present examination by this court 848. It has been contended on behalf of the respondents that the Supreme Court has upheld the enhancement of court fee by the State Legislatures in Tamil Nadu, Kerala, Rajasthan and Maharashtra in the aforesaid judgments. Therefore it is not open to the petitioners to maintain their challenge to the Court Fees (Delhi Amendment) Act ... 10.3.1962. On a reference made under Section 18 of the Land Requisition Act, at the instance of respondents No.1 and 2, IVth Assistant City Civil Judge, Madras enhanced the compensation. The respondents, being dis-satisfied, preferred appeals to the High Court for further enhancement of the compensation. The Court Fee payable according to Madras Court Fees and Suits Valuation Act ...

Apr 17 2012

K.R.Chandrasekaran Vs. Union of India And Ors.

  • Decided on : 17-Apr-2012

Court : Chennai

... Section 10 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 and also considering the judgment of the Supreme Court in Central Bank of India v. State of Kerala, 2009 (6) CTC 656, wherein the Supreme Court has considered as to whether there is any repugnancy between Kerala Sales Tax Act, 1962 and Bombay Sales Tax Act, 1959 on the one hand and the SARFAESI Act on ... a case of substantive unreasonableness in the statute itself for declaring the act ultra vires Article 14 of the Constitution. [Vide Ajay Hasia v. Khalid Mujib Sehravardi, (1981) 1 SCC 722, Reliance Airport Developers (P) Ltd. v. Airports Authority of India, (2006) 10 SCC 1, Bidhannagar (Salt Lake) Welfare Assn. v. Central Valuation Board, (2007) 6 SCC 668, Grand Kakatiya Sheraton Hotel and Towers Employees ... discussed earlier in this judgment, we find that it will be open to maintain a civil suit in civil court, within the narrow scope and on the limited grounds on which they are permissible, in the matters relating to an English mortgage enforceable without intervention of the court.81. In view of the discussion held in the judgment and the findings and ... may be prescribed to the Debts Recovery Tribunal having jurisdiction in the matter within forty-five days from the date on which such measure had been taken:PROVIDED that different fees may be prescribed for making the application by the borrower and the person other than the borrower.Explanation: For the removal of doubts, it is hereby declared that the ...

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