Skip to content


Judgment Search Results Home > Cases Phrase: the kerala court fees and suits valuation act 1 act 10 of Page 1 of about 15,685 results (0.318 seconds)

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 .....

Tag this Judgment!

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 .....

Tag this Judgment!

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 .....

Tag this Judgment!

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 .....

Tag this Judgment!

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 .....

Tag this Judgment!

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 .....

Tag this Judgment!

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 .....

Tag this Judgment!

Jan 28 2003 (HC)

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

Court : Kerala

Reported in : AIR2003Ker143

..... koshy, 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 ..... enhancing court-fees. the registry raised objections and the matter came before us for consideration. since the ..... before the ordinance even though appeals were filed after the ordinance which amended the act .....

Tag this Judgment!

Jan 28 2003 (HC)

Abdulla Vs. State of Kerala

Court : Kerala

Reported in : 2003(1)KLT961

orderj.b. koshy, 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 before the ordinance even though appeals ..... were filed after the ordinance which amended the act enhancing court fees. the registry raised objections and the matter came before us for consideration. since the .....

Tag this Judgment!

Jan 24 2002 (HC)

institute of Chartered Accountants of India Vs. Union of India (Uoi) a ...

Court : Kerala

Reported in : [2002]256ITR98(Ker)

..... constitution empowers the state government to prescribe 'fees taken in all courts, except the supreme court'. earlier, the court fees act, 1870, governed the field, but territories which immediately before november 1, 1956, were comprised in part b states stood excluded from its purview. as far as kerala was concerned, the t. c. court fee act and the madras court fee act governed the situation. the kerala court fees and suits valuation act, 1959 (act 10 of 1960), had come into effect ..... in the state with effect from february 1, 1962, and it is the one, according to counsel, which governs the situation, and reference or advertence to the ..... stamp act was wholly out of place.elaborating his submissions, he emphasised that section 3(ii) of the court fees act defined 'court', as .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //