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

Jan 18 2005

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

  • Decided on : 18-Jan-2005

Court : Kerala

Reported in : AIR2005Ker166; 2005(1)KLT995

... 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 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 3,58,470/-Plaintiffs have paid the balance court fee as well. Suit ... 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 time of institution of the suit under Section 4A of the Kerala Court Fees Act Rs 39,830/-Balance court fee ... Kerala CourtFees and Suits Valuation Act in respectof relief (a) Rs. 3,98,300/-1/10 of court fee to be paid at the 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 3,58,470/-Plaintiffs have paid the balance court fee as well. Suit was decreed in favour of the plaintiffs as against defendants 1 ...

Mar 06 1981

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

  • Decided on : 06-Mar-1981

Court : Kerala

Reported in : AIR1982Ker47

... 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 ... , J.1. A question of court-fee falls for consideration before us. The respondent in (sic) O. P. (H.M.A.) 84 of 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 ... appeal the same court-fee that was paid in the O. P.4. Counsel for the appellant referred us to a Division Bench decision of this Court reported in Devassia v. State of Kerala, (1965 Ker LT 69). That was a case which related to the sufficiency of the fee paid in a writ appeal filed under Section 5 of the High Court Act. This decision was ... 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 decrees under Section 2(2) of the Code of Civil Procedure and therefore insistence on payment of court-fee for an ...

Jul 20 2005

Ismail Vs. State of Kerala

  • Decided on : 20-Jul-2005

Court : Kerala

Reported in : AIR2005Ker307; 2005(3)KLT1052; [2006]144STC476(Ker)

... No. 1/2004Sub:- KAIT & STAT - Levy of Additional Court Fee - Instructions issued - reg.Ref:- 1) G.O.(P) No. 116/2002/Law dtd.5-4-2002.2) Govt.Lr. No. 16527/G3/01/Law dtd.18-10-2002 and 24-3-2003.3) Govt.Lr. No. 1405/G3/04/Law dtd. 5-2-2004.As per Sub-section (2) of Section 76 of the Kerala Court Fees & Suits Valuation Act 1959 ... .18-10-2002 and 24-3-2003.3) Govt.Lr. No. 1405/G3/04/Law dtd. 5-2-2004.As per Sub-section (2) of Section 76 of the Kerala Court Fees & Suits Valuation Act 1959, the Government have constituted the Legal Benefit Fund with effect from 5-4-2002 vide Notification published as S.R.O.No. 225/2002 dtd. 5-4-2002. Sub-section (1) of ... per Sub-section (2) of Section 76 of the Kerala Court Fees & Suits Valuation Act 1959, the Government have constituted the Legal Benefit Fund with effect from 5-4-2002 vide Notification published as S.R.O.No. 225/2002 dtd. 5-4-2002. Sub-section (1) of Section 76 of the Act empowers the Government to levy Additional Court Fee in respect of the appeals or revisions to Tribunals ... Secretary, appeals and revisions to the Kerala Agrl. Income Tax & Sales Tax Appellate Tribunal will attract additional court fees under the Court Fees and Suits Valuation Act 1959. For this purpose, on the basis of Government Letter 3rd cited, the following guidelines for levying Additional Court Fee are issued:(1) In all the Benches including the Headquarters Bench, Addl. Court Fee shall be levied by affixing Court Fee Stamps for the amount calculated at the ...

Jan 28 2003

Procurator, Roman Catholic Diocese of Calicut Vs. State of Kerala

  • Decided on : 28-Jan-2003

Court : Kerala

Reported in : AIR2003Ker143

... , J. 1. In these three matters the question to-be decided is whether the enhanced Court-fees under the Kerala Court-Fees and Suits Valuation (Amendment) Ordinance, 2002 (hereinafter referred to as 'Ordinance') is applicable to appeals filed from land acquisition references made before the date of the Ordinance. The appellants calculated court-fee on the basis of the Kerala Court-Fees and Suits Valuation Act, 1959 (Act 10 of 1960) (hereinafter referred to as 'the Act') as existing ... the Kerala Court-Fees and Suits Valuation (Amendment) Ordinance, 2002 (hereinafter referred to as 'Ordinance') is applicable to appeals filed from land acquisition references made before the date of the Ordinance. The appellants calculated court-fee on the basis of the Kerala Court-Fees and Suits Valuation Act, 1959 (Act 10 of 1960) (hereinafter referred to as 'the Act') as existing before the Ordinance even though appeals were filed after the Ordinance which amended the Act enhancing court-fees ... Court-fees under the Kerala Court-Fees and Suits Valuation (Amendment) Ordinance, 2002 (hereinafter referred to as 'Ordinance') is applicable to appeals filed from land acquisition references made before the date of the Ordinance. The appellants calculated court-fee on the basis of the Kerala Court-Fees and Suits Valuation Act, 1959 (Act 10 of 1960) (hereinafter referred to as 'the Act') as existing before the Ordinance even though appeals were filed after the Ordinance which amended the Act ...

Aug 19 1970

Koongaran Mukundan Vs. Thamaravalappil Nalini

  • Decided on : 19-Aug-1970

Court : Kerala

Reported in : AIR1971Ker183

... her or his maintenance and support periodical claims. Sections 10-A and 10-B of the Madras Marumakkathayam Act, therefore provide for interlocutory applications in the original petition.Ordinarily, applications of this type fall under Article 11 (g). Schedule II to the Kerala Court-fees and Suits Valuation Act, 1959 for short, called the Act) since that is the residuary provision in the ... Kerala Court-fees and Suits Valuation Act, 1959 for short, called the Act) since that is the residuary provision in the case of applications and petitions. An appeal against an order on an application or petition, not otherwise provided for -- I am immediately concerned with such an appeal--is covered by Article 3 (A) (1) (b) of the Second Schedule to the Act ... Court exercising jurisdiction under the relevant Chapter, may also order the respondent to pay to the applicant for her or his maintenance and support periodical claims. Sections 10-A and 10-B of the Madras Marumakkathayam Act, therefore provide for interlocutory applications in the original petition.Ordinarily, applications of this type fall under Article 11 (g). Schedule II to the Kerala Court-fees and Suits Valuation Act ... court-fee under Section 23 or a nominal fixed court-fee under Article 11(g) or Article 3 (A) (1) (b) of Schedule II of the Act has to be paid.6. Counsel for the State feebly urged that a party, under Section 10-A and 10-B which seeks to recover amounts by way of maintenance must be made to pay fee as in the case of suits ...

Jan 04 1973

Asma Beevi Vs. Haji M.V. Moidu

  • Decided on : 04-Jan-1973

Court : Kerala

Reported in : AIR1973Ker161

... plaint. Ad valorem court-fee was 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. 3,138.20. but the fixed court-fee of Rs. ID ... Forest Range Officer, (1966) 2 Mad LJ 375 the Madras High Court held 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 ... 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 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 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 to an order of conviction or acquittal and 68 such court-fee is payable under Article 3 (1) 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 ...

Jul 26 1993

Papabai Vs. Assistant Commissioner

  • Decided on : 26-Jul-1993

Court : Karnataka

Reported in : ILR1993KAR3293; 1994(1)KarLJ577

... amended Article-1 of Schedule-I to the Act, by Act No. 2 of 1993. Article-1 Clauses (i) and (ii) of Schedule-I to the Act came to be amended and the amendment came into effect at once. Section 2 of the Amending Act reads:'2. Amendment of Schedule-I. In Schedule-I of the Karnataka Court Fees and Suits Valuation Act, 1958 (Karnataka Act 16 of 1958) in Article-1 for ... suit to pay the Court fee. But under what circumstances the Court could exercise such discretion to do so is another question. Whether in a case of this kind the Court is competent to direct the appellant to pay the Court fee to the extent she succeeded has to be considered. In Chandradass Butt's case, the Kerala High Court has held as follows:-'On a reading of Rule 10 ... is liable to pay the Court fee and if so, how much.13. Sri D'Sa, learned Government Advocate appearing for the State, submitted that the appellant having succeeded partly in the appeal presented in forma pauperis was liable to pay the requisite. Court fee as provided under the Karnataka Court Fees and Suits Valuation Act, 1958 (the Act for short) in view of Sub-rules (1) and (2) of Rule ... succeeded partly in the appeal presented in forma pauperis was liable to pay the requisite. Court fee as provided under the Karnataka Court Fees and Suits Valuation Act, 1958 (the Act for short) in view of Sub-rules (1) and (2) of Rule 11 of Order 33 C.P.C., as amended by Karnataka Act No. 104 of 1976. Opposing the above submission of Sri D'Sa, Sri Kothavale, learned ...

Apr 15 2013

P.Rajkumar Vs. Mary Saroja

  • Decided on : 15-Apr-2013

Court : Chennai

... documents are null and void, court fee has to be paid under section 27(d) of the Tamil Nadu Court Fees and Suits Valuation Act, 1995 and if so valued, the court has no pecuniary jurisdiction and the first respondent/plaintiff valued the suit under section 25(d) of the Tamil Nadu Court Fees and Suits Valuation Act, 1995 and hence, the valuation of the suit and the payment of court fee are not proper and therefore, the ... pursuant to a decree, the learned IX Assistant City Civil Judge, Chennai executed a sale deed in favour of the defendants 1 and 2 on behalf of Mr.Kerala Varma, Mr.Raman and Achuthan in respect of 37 cents, out of 1.32 acres in Plot No.35, old survey No.210/2, New Survey No.210/2A1A1A under Document No.4567 of ... struck down at this stage. 9.To appreciate the contention of the learned Senior counsel appearing for the revision petitioners, we will have to see the contents of the plaint. 10.It is the case of the plaintiff/first respondent that one Nandagopal Chetty was the owner of the property and he had two sons, by name Kuppusamy and Kumar and ... this court and for getting declaration to set aside the documents or to get declaration that the documents are null and void, court fee has to be paid under section 27(d) of the Tamil Nadu Court Fees and Suits Valuation Act, 1995 and if so valued, the court has no pecuniary jurisdiction and the first respondent/plaintiff valued the suit under section 25(d) of the Tamil Nadu Court Fees and Suits Valuation Act ...

Sep 21 1984

Benudhar Jena Vs. Prabir Chandra Mazumdar and Ors.

  • Decided on : 21-Sep-1984

Court : Orissa

Reported in : AIR1985Ori117

... of the Suits Valuation Act, 1887 (Act VII of 1887) the value for the purpose of court-fees and jurisdiction is the same in suits for accounts coming within Section 7(iv)(f) of the Act. Section 7(iv)(f) of the Act reads as follows :'Computation of fees payable in certain suits for money -- The amount of fee payable under this Act (in the suits next hereinafter mentioned except suits for ... considering the scope of challenging the order under Order 33, Rule 1, C.P.C. it was observed :'.....An immunity from a litigation unlessthe requisite court-fee is paid by the plaintiff is a valuable right for the defendant.'The interpretation of Kerala High Court has been approved by the Supreme Court in a case reported in AIR 1973 SC 2384 (Shamsher Singh v ... revision will lie against the decision on the question of adequacy of court-fee at the instance of the defendant..... unless the question of court-fee involves also question of jurisdiction of the court. In this Court while considering the said decision of the Supreme Court in ILR (1968) Cut 566 : (AIR 1969 Orissa 10) (Lakhyeswar Karmi v. Padmabati Karmi), it has been held that ... Courts Act (Act XII of 1887) now in force in the State.7. Point No. (ii) : under Section 8 of the Suits Valuation Act, 1887 (Act VII of 1887) the value for the purpose of court-fees and jurisdiction is the same in suits for accounts coming within Section 7(iv)(f) of the Act. Section 7(iv)(f) of the Act reads as follows :'Computation of fees payable in certain suits ...

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