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DELHI HIGH COURT
NAVIN CHAWLA
Shiv Kumar Gupta – Appellant
Versus
Pooja – Respondent
| Table of Content |
|---|
| 1. challenge to court fee valuation in defamation suits. (Para 1 , 2) |
| 2. court fee in suits for damages is based on claimed amount. (Para 3 , 6 , 10 , 11 , 14) |
| 3. tentative valuation may not suffice for court fees. (Para 4 , 8 , 17 , 20) |
| 4. fixed court fee applicable based on precise claims. (Para 5 , 19 , 21 , 22) |
| 5. petitions dismissed without costs. (Para 26) |
JUDGMENT
Navin Chawla, J. These petitions have been filed by the petitioner(s) challenging the order(s) passed by the learned Trial Court(s) in their respective Suits calling upon the petitioner(s) herein, who are the plaintiffs in the Suit(s), to deposit the deficit court fee. The Suits filed by the petitioner(s) are claiming damages qua their alleged defamation.
2. The question that arises for consideration in the present petitions is as to whether the court fee payable on such Suits claiming damages for defamation is ad valorem according to the amount claimed or whether the petitioners, as plaintiffs, can value the Suit for purposes of court fee at a value different from the amount claimed in the Suit and pay the court fee according to the said amount, with an undertaking to pay the court fee upon the amount
Court fees for defamation suits must be paid ad valorem based on the claimed damage amounts, prohibiting arbitrary lower valuations prior to final adjudication.
The main legal point established in the judgment is that in Suits claiming damages, the court fee payable is ad valorem according to the amount claimed, and plaintiffs cannot arbitrarily value the re....
Damage suit – Valuation for the purposes of jurisdiction and relief has to be same in money suits falling under category 7(i).
The valuation of damages in a suit is tentative when the exact value of the relief cannot be ascertained, and the court fee is a matter between the plaintiff and the state, to be paid as assessed aft....
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