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1956 Supreme(Bom) 115

H.K.CHAINANI, J.C.SHAH
Karbhari Vithoba – Appellant
Versus
Anusuya Karbhari – Respondent


Judgment

1. This revision application raises a question about the court-fee payable on a petition filed under section 13 of the Hindu Marriage Act, XXV of 1955.

2. The Court-fees Act as amended by Bombay Act XII of 1054 prescribes by Section 7 read with Schedule I, Article 1 that on plaints, written-statements, pleadings, or set-off or counter-claims or memoranda of appeals or of cross-objections presented to any Civil or Revenue Court, court-fee ad valorem depending upon the value of the subject-matter of the suit shall be paid. Schedule II Article 1 prescribes court-fee payable on applications or petitions of different categories. Clause (b) prescribes a fixed court-fee of ten annas on an application or petition when presented to a Civil Court, Schedule II, Article 17 prescribes a fixed court-fee for plaints in certain suits described therein. Clause (vii) of Article 17 prescribes a fixed court-fee for other suit where it is not possible to estimate at a money value the subject-matter in dispute and which is not otherwise provided for by the Act. Under Article 21 on all plaints under the Parsi Marriage and Divorce Act, 1936, or the Bombay Hindu Divorce Act, 1947 a fixed court-fee o




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