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Judgment Search Results Home > Cases Phrase: the suits valuation punjab amendment act 1938 Page 1 of about 405 results (0.059 seconds)

Apr 08 1991 (HC)

Ramesh Chand Bhardwaja Vs. Ram Parkash Sharma

Court : Delhi

Reported in : AIR1991Delhi280; 44(1991)DLT528; 1991(21)DRJ13

..... of the whole of the property in accordance with the provisions of r.8 of chapter 3-c of punjab high court rules and orders, volume 1, framed by the high court under the powers conferred by the s. 9 of the suits valuation act, 1887. in this matter, i am supported by the decision of prithvi raj, j. in jagdish pershad v. joti ..... , 1976 for the first time and its insertion was necessitated for the reason that some of the high courts in india were of the view that suit/ appeal/ proceeding pending before a court must be understood in the sense that the same was duly ..... ) a suit or proceeding may be transferred under this section from a court which has no jurisdiction to try it.'this court, in para 2 in the case. of pushpa kapal, (supra) analysed the powers of the high court under section 24(5) of the code of civil procedure and observed that subsection (5) of this provision was inserted by civil procedure code (amendment) act ..... learned counsel, in order to meet such a situation, section 24 of the code of civil procedure, 1908 has been amended and clause (5) inserted therein. he also relied upon a case reported as pushpa kapal v. shiv kumar : 35(1988)dlt187 . in that case, a suit was filed in the high court and it was found that the value of the .....

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Feb 26 1980 (HC)

Jagdish Singh Vs. Daljit Singh

Court : Delhi

Reported in : 18(1980)DLT23; 1980RLR546

..... on the ground that this court lacks the inherent jurisdiction to allow the amendment. the precise argument is that according to section 7(iv)(f) ofthe court feey act, 1870, the valuation for the purposes of jurisdiction under section 8 of the suits valuation act, 1887 has to follow valuation for purposes of court fee and inasmuch as the relief was valued for ..... '4(i)suits in which the plaintiff in the plaint seeks to recover the amount which may be found due ..... on taking unsettled accounts between him and the defendant; (ii) suits of either of the kinds described in order xx, rule 13 of code of civil procedure, value-(a) for the purposes of the court fees act, 1870..... .. ........................rs. 200.00 (b) for the purposes of the suits valuation act, 1887, and the punjab courts act, 1918,..................rs. 1000/..' rule 4 reads as under : ..... rule 13 of the code of civil procedure- value for the purposes of court fees................ as determined by the court fees act, 1870. value for the purposes of jurisdiction for the purpose of the suits valuation act, 1887, and the punjab courts act, 1918, as valued by the plaintiff in the plaint subject to determination by the court at any stage of the trial.' .....

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Jul 16 1976 (HC)

Sadul-ul-nisa and ors. Vs. Sadul-ul-nisa and ors.

Court : Delhi

Reported in : ILR1976Delhi523

..... by clause (vi) of item 17 of the second schedule of the court fees act, amounting to rs. 19.50, as amended by a local punjab amendment act as extended to delhi on 21st july, 1959 with effect from 1st august, 1959. such suits can, for purposes of jurisdiction, not follow the valuation fixed for purposes of court fees. reference in this connection may be made to ..... of the suits valuation act, 1887'. in my opinion, the expression 'whole of the proprty' occurring in rule 8, means the ..... c of chapter iii of volume i of the rules and orders of the high court of punjab. rule 8 reads as follows : court fee. (a) as determined by the court fees act. 1870. value. (b) for the purposes of the suits valuation act, 1887, and the punjab courts act, 1918 the value of the whole of the property as determined by sections 3, 8 and 9 ..... purposes of court fees under section 7(v) of the court fees act on the market value of the share in the property. this valuation for purposes of court fees in view of section 8 of the suits valuation act, also constitutes the value for purposes of jurisdiction. the high court of punjab has in a full bench decision, krishan kumar grover v. parmeshwari devi, , held .....

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Jul 16 1976 (HC)

Jamila Khatoon Etc. Vs. Saidul Nisa Etc.

Court : Delhi

Reported in : 1977RLR54

..... by clause (iv) of item 17 of the second schedule of the court fees act, amounting to rs.19.50, as amended by a local punjab amendment act as extended to delhi on 21st july, 1959 with effect from 1st august, 1959. such suits can, for purposes of jurisdiction, not follow the valuation fixed for purposes of court fees. reference in this connection may be made to ..... , 8 and 9 of the suits valuation act, 1887.' (9) in my opinion, the expression 'whole of the property' occurring in rule 8, means ..... chapter iii of volume i of the rules and orders of the high court of punjab. rule 8 reads as follow : 'suit for partition of the property : court fee-(a) as determined by the court fees act, 1870. value-(b) for the purposes of the suits valuation act, 1887, and the punjab courts act, 1918-the value of the whole of the property as determined by sections 3 ..... purposes of court fees under section 7(v) of the court fees act on the market value of the share in the property. this valuation for purposes of court fees in view of section 8 of the suit valuation act, also constitutes the value for purposes of jurisdiction. the high court of punjab has in a full bench decision, krishan kumar grover v. parmeshwari devi, , held .....

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Apr 04 1961 (HC)

S. Tarlok Singh S. Sant Singh and ors. Vs. Sardarni Daljit Kaur

Court : Punjab and Haryana

Reported in : AIR1961P& H426

..... (iv) of section 7 of the court-fees act, 1870,'provided further that in suits coming under sub-section (c) in cases where the relief sought is with reference to any property such valuation shall not be less than the ..... , where it was held that the court was bound to accept the valuation put upon his relief by the appellant however arbitrary it might be. this decision was followed in the latter full bench decision in air 1952 punj 335.11. the law in punjab has been amended by the punjab court-fees (punjab amendment) act (xxxi of 1953) by the addition of following proviso to clause ..... value of the property calculated in the manner provided for by clause (v) of this act.'this amendment, however, does not affect the decision in ..... this case because the plaint was instituted in a pepsu court on 12th may, 1953 before the merger of pepsu in the state of punjab.12. for reasons .....

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Jan 18 1956 (HC)

Ram Kanwar Kidarmal and ors. Vs. Naurang Rai Kundan Lal and ors.

Court : Punjab and Haryana

Reported in : AIR1956P& H251

..... the right to value the relief claimed. the punjab state legislature by the punjab court-fees (punjab amendment) act, 1903 (31 of 1953) has added a proviso to this section and this proviso reads:'provided further that in suits coming under sub-clause (c), in cases where the relief sought is with reference to any property such valuation shall not be less than the value of the ..... deal with value of moveable property but a suit relating to move-able property can also be governed by s. 7(iv)(c), court-fees act, in such a case then the proviso does not lay down any test for computation of the value of the property.to hold that the word 'property' in the punjab amendment relates only to immoveable property and not ..... purposes of jurisdiction and court-fee was fixed at rs. 550/- and court-fee was paid on this amount. the defendants objected to the valuation of the suit. the trial court held that section 7(v), court-fees act, 1870 applied to the plaint and the value should be fixed at the market value of the property for the purposes of court-fee ..... and jurisdiction and ordered the plaintiffs to amend the plaint accordingly. the plaintiffs have filed this petition for revision.2. it is obvious from the plaint .....

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Jan 24 2006 (HC)

Smt. Beena and ors. Vs. Rajinder Kumar and ors.

Court : Punjab and Haryana

Reported in : (2006)143PLR6

..... is to obtain a declaratory decree or order and where consequential relief is prayed for. by virtue of court fee (punjab amendment act, 31 of 1953), it is contemplated that in such suits, where the relief sought is with reference to any property, such valuation shall not be less than the value of the property calculated in the manner provided for by clause (v) of ..... has sought relief of fresh partition, the case would still be governed by the provisions of section 7(iv)(c) of the act.9. the other question framed was with respect to the effect of second proviso inserted by punjab amendment act 31 of 1953.10. it was held that where the property which was the subject-matter of the previous decree, the expression ..... ) contemplates that the plaint or memo of appeal in the suit to obtain declaratory decree where no consequential relief is prayed shall carry a fixed court fee of rs. 19.50p. the court fee act, 1870 in its applicability to haryana has been amended. sub-clause (v) of section 7 has been substituted vide act no. 22 of 1974 whereas as per schedule second ..... article 12 has been amended to provide for a fixed court fee of rs. 25/- on a plaint or memorandum of appeal in the suit to obtain declaratory decree where no consequential relief is prayed for .....

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Nov 05 1971 (SC)

The State of Punjab and ors. Vs. Shakti Cotton Company and ors.

Court : Supreme Court of India

Reported in : AIR1972SC1458; (1972)1SCC88; [1972]2SCR289; [1972]29STC706(SC)

..... if such assessment, re-assessment levy or collection or action or thing had been made, taken or done, under this act as amended by the punjab general sales tax (amendment and validation) act, 1967.30. from the various amendments made by the amendment act, in the act. the following aspects broadly emerge : there is a definition of 'declared goods' under section 2(dd). certain omissions ..... relied on the various aspects discussed in bhawani cotton mills ltd. : [1967]3scr577 and the relevant provisions of the punjab general sales tax (amendment and validation) act, 1967 (act 7 of 1967) (hereinafter referred to as amendment act). he further stressed that the amendment act has changed the whole scheme of taxation regarding 'declared goods' and a duty has been cast on the assessing authority ..... already referred to the fact that clause (e) of section 2 of the act defined the expression 'goods'. section 5 of the amendment act, incorporated various amendments in section 5 of the act as follows :section 5. amendment of section 5 of punjab act 46 of 1948. in section 5 of the principal act-(a) in sub-section (1) (i) in the second proviso, the ..... to reopen the assessment and pass fresh orders in accordance with the amendment act. the counsel further pointed out that state of punjab and ors. v. chandulal kishori lal and ors. : [1969]3scr849 except deciding that cotton seeds do not come under 'declared goods', had .....

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Sep 26 1975 (HC)

Rama Devi Vs. K.A. Gafoor and ors.

Court : Delhi

Reported in : ILR1976Delhi72

..... a question of jurisdiction, on the principle of stare decisis alone. in that case the effect of long-continued practice and decisions of the courts interpreting the valuation (ireland) amendment act, 1854 . and the poor relief (ireland) act, 1838 was discussed; the courts below had been pressed by this consideration but the house of lords allowed the appeal on what was considered to be ..... to have 'functional existence' throughout india. it was in the light of this difficulty that (1a) was introduced in article 226 of the constitution. the preamble to the constitution (fifteenth amendment) act, 1963 stated as follows : '(statementof objects and reasons) under the existing art. 226 of the constitution, the only high court which has jurisdiction with respect to the central government is ..... whose territorial jurisdiction a person was actually detained and the detention order was also made; in like manner, it could not take away the jurisdiction which already vested in the punjab high court whose jurisdiction could be invoked under article 226 of the constitution by a person who chose to file it in delhi because an order, as in this case ..... of action, wholly or in part, arises. the above said expression, 'wholly or in part' has obviously been taken from section 20(c) of the code of civil procedure. every suit is subject to the limitations imposed by the said code and shall be instituted only in the court within whose territorial jurisdiction, among other things, 'the cause of action, wholly .....

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Aug 05 1971 (HC)

Onkar and Nath Vs. Rameshwar Dass and ors.

Court : Delhi

Reported in : AIR1972Delhi80; ILR1972Delhi380

..... section 7(v) of the court fees act.(14) the appeal is, thereforee, allowed. the order of remand passed by the ..... cannot, thereforee, be valued under section 7(v) of the court fees act. this is precisely the reason why it must fall under the principal part of section 7(iv)(c) of the court fees act. the proviso added by the court fees (punjab amendment) act, 1953 is not attracted inasmuch as no valuation of the share in the right of management can be made under ..... v.s. deshpande, j. (1) section 7(iv)(c) of the court fees act as amended by the court fees (punjab amendment) act, 1953 as extended to delhi runs as follows :- '7.the amount of fee payable under this act in the suits next hereinafter mentioned shall be computed as follows :- ** ** ** (iv) in suits- ** ** ** (c) to obtain a declaratory decree or order, where consequentialrelief is prayed, ** ** ** according to the ..... the purposes of court-fee and jurisdiction, the suit is valued at rs. 130.00 for the relief of declaration coupled with the consequential relief by way of injunction. the respondent no. 1 objects to the valuation on the ground that in view of the punjab amendment of section 7(iv)(c) of the court fees act, the plaintiff appellant was bound to pay court .....

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