SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1993 Supreme(Ker) 424

K.P.BALANARAYANA MARAR
State Bank of India – Appellant
Versus
Iqbal Zacharia – Respondent


Judgment :-

The question that arises in this revision petition is whether plaintiff is liable to pay the full court fee in a case of admission of the claim by the defendant. The suit was filed since the introduction of S.4A in the Court Fees Act by which a plaintiff was permitted to present a plaint by paying one-tenth of the amount of court fee chargeable under the Acton the plaint claim. The defendant on appearance in pursuance to the summons filed written statement admitting the claim. Plaintiff was directed to pay the balance court fee. This order is under challenge in this revision.

2. Section 4A was introduced by the Amendment Act 6 of 1991. That Section reads:

"4A. Levy of fee at the time of institution of suit:-Notwithstanding anything contained in any other provisions of this Act, the amount of fee to be paid on plaint at the time of institution of suit shall be one-tenth of the amount of fee chargeable under this Act and the balance amount shall be paid within such period, not later than fifteen days from the date of framing of issues or where framing of issues is not necessary, within such period not exceeding fifteen days as may be specified by the court:

Provided that the









Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top