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

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 Act and under the WT Act ... 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 ... fees was payable even under Section 260A as originally enacted. This position continued till the insertion of Section 52A and sub-item (c) of item (iii) of Article 3 of 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 ...

Aug 14 2003

Somanathan Vs. State of Kerala

  • Decided on : 14-Aug-2003

Court : Kerala

Reported in : 2003(3)KLT1148

... court fee of Rs. 10/- or Rs. 50/- as the case may be. We are in this case concerned with a Writ Petition filed under Article 226 of the Constitution of India. We have already indicated that for a Writ Petition the court fee to be paid under 11(1)(iii) before the High Court is Rs. 100/-. By the Kerala Court Fees and Suits Valuation (Amendment) Act ... Court and not otherwise specifically provided for. Hence the Fee payable on an application. Otherwise, provided court fee, payable is only Rs. 10/-. Hence there is no deficit of court fee payable on the CMP'. Sd/-P.R. Raman, J.' Learned Government Pleader submitted before K. Balakrishnan Nair, J. that the learned Judge P.R. Raman interpreted Schedule II Article 11(t) of the Kerala Court Fees and Suits Valuation Act ... Act 6 of 1991. By the Kerala Court Fees and Suits Valuation (Amendment) Act, 2003 court fee was again introduced for filing Writ Petition before the High Court. The said provision reads as follows: '11(1) Original Petitions not otherwise providedfor when filed in- (iii) the High Court One hundred rupees per petitioner.' Consequently Rs. 100/- will have to be paid towards 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 ...

Nov 11 1983

Ittoop Vs. Mathunni and Anr.

  • Decided on : 11-Nov-1983

Court : Kerala

Reported in : AIR1984Ker73

... 4. The relevant provisions of the Kerala Court Fees and Suits Valuation Act, 1909 (Act 10 of 1960) that were referred during the course of arguments-before us are the following :--'Schedule I, Article 4.Memorandum of appeal against order in proceedings under the Indian Succession Act, 1925.An amount of one- halfthe scale of fee p r e-scribed in Article 1 on the amount or value of ... I Article 4, under which one-half of the scale of fee prescribed in Article 1 on the amount on value of the subject-matter, is payable. In view of the dispute, the matter was referred to the Bench for consideration.4. The relevant provisions of the Kerala Court Fees and Suits Valuation Act, 1909 (Act 10 of 1960) that were referred during the course of arguments- ... for, in Schedule I, Article 4 of the Kerala Court-fees-and Suits Valuation Act.11. In the light of the above discussion, on the facts of this case, wherein the proceedings initiated under the Indian Succession Act, is a contentious one, and for which express provision is made in Schedule I, Article 4 of the Court fees Act, we are of opinion that the decision in ... Bench in Kuriyan v. Ayyappan : AIR1982Ker214 about the decision in In Re Seethalakshmi 1980 Ker LT 560 is warranted or justified.12. We hold that the correct court fee payable in the instant case is the one under Schedule I, Article 4 of the Kerala Court-fees and Suits Valuation Act. The appellant will value the appeal accordingly and remit the proper court-fee within one month from ...

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 ...

Jul 20 2005

Steel Industrials Kerala Ltd. Vs. Assistant Commissioner

  • Decided on : 20-Jul-2005

Court : Kerala

Reported in : 2005(4)KLT81

... 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 ...

Oct 15 2003

Elsie Felix and Ors. Vs. Larsen and Toubro Ltd. and Ors.

  • Decided on : 15-Oct-2003

Court : Kerala

Reported in : AIR2004Ker184; 2004(2)ARBLR328(Kerala)

... court-fee was calculated under Schedule II, Article 4(c) of the Kerala Court-fees and Suits Valuation Act, 1959 (hereinafter referred to as 'the Court-fees Act'), in the unnumbered appeal as Rs. 97,447/-(1/3 court-fee of Rs. 32,483/- was paid at the time of filing), objection was raised by the Registry. When the very same order was challenged by another appellant in Arbitration Appeal No. 10 of 2003, court-fee ... Kerala Court-fees and Suits Valuation Act, 1959 (hereinafter referred to as 'the Court-fees Act'), in the unnumbered appeal as Rs. 97,447/-(1/3 court-fee of Rs. 32,483/- was paid at the time of filing), objection was raised by the Registry. When the very same order was challenged by another appellant in Arbitration Appeal No. 10 of 2003, court-fee paid was only Rs. 250/- as according to the registry court-fee ... Court fee payable before the court below. In this connection, we also refer to the decision of the Division Bench of this Court in Thomas Martin v. Terasa Martin, 2002 (3) Ker LT 888 : (AIR 2003 Kerala 29). At the time of filing the appeal court fee payable under Article 11(m) as amended by the Kerala Court Fees and Suits Valuation (Amendment) Act, 2003 was Rs. 400/- if value exceeds Rs. 10 ...

Aug 16 1978

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

  • Decided on : 16-Aug-1978

Court : Kerala

Reported in : AIR1979Ker40

... the court-fee was insufficient and the appeals are liable to be rejected on 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 ... 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 ... 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. In ... 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 ...

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 ...

Oct 20 2006

Elsy Vs. Raju

  • Decided on : 20-Oct-2006

Court : Kerala

Reported in : 2006(4)KLT890

... Court Fee: 1 % of the total valuation upto rupees 10 million -(See Sections 55 and 56 and Schedule 1 Article 6(1) of Kerala Court Fees Act.If the L.A.O.P. or Probate O.P. is contestedBy virtue of Rule 26 of the Indian Succession Rules (Kerala) 1968, the O.P. is to be deemed to be a suit.1) Petition Fee: Rs. 5/-- (See Schedule II Article 11(k)(II)(2) of Kerala Court Fees Act ... Kerala Cpurt Fees Act)2. Court Fee: 1 % of the total valuation upto rupees 10 million -(See Sections 55 and 56 and Schedule 1 Article 6(1) of Kerala Court Fees Act.If the L.A.O.P. or Probate O.P. is contestedBy virtue of Rule 26 of the Indian Succession Rules (Kerala) 1968, the O.P. is to be deemed to be a suit.1) Petition Fee ... valuation upto rupees 10 million -(See Sections 55 and 56 and Schedule 1 Article 6(1) of Kerala Court Fees Act.If the L.A.O.P. or Probate O.P. is contestedBy virtue of Rule 26 of the Indian Succession Rules (Kerala) 1968, the O.P. is to be deemed to be a suit.1) Petition Fee: Rs. 5/-- (See Schedule II Article 11(k)(II)(2) of Kerala Court Fees Act)2) Court Fee ...

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