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KSHITIJ SHAILENDRA
Kaniz Fatima – Appellant
Versus
Imran Khan – Respondent
JUDGMENT :
KSHITIJ SHAILENDRA, J.
The Proceedings:
Appeal under section 6-A of the Courts Fees Act, 1870
1. Heard Shri P.K. Ganguli, learned counsel for the plaintiff-appellant and Shri Sheikh Moazzam Inam, learned counsel for the sole-respondent.
2. The instant appeal under Section 6-A of the Court Fees Act, 1870 (hereinafter referred to as 'the Act of 1870') at the instance of plaintiff of Original Suit No. 576 of 2021 (Kaniz Fatima v. Imran Khan) questions correctness and legality of the order dated 13.12.2023 whereby the learned Civil Judge, (Senior Division), Gorakhpur has decided the issue No. 2 holding that though the suit has been correctly valued, the plaintiff has not deposited ad-valorem Court fees on market value of the property and, therefore, she has been called upon to deposit the ad-valorem Court fees.
Submissions of the appellant:
3. Challenging the order impugned, Shri Ganguli submits that the defendant-respondent is son of the plaintiff-appellant and he committed a fraud in the manner that under the garb of getting executed a power of attorney from the appellant, he got executed and registered a gift deed dated 07.04.2021 and the appellant, having come to know about the
In cases involving the declaration of a gift deed as null and void, Section 7(iv-A) of the Court Fees Act mandates the payment of ad-valorem court fees based on the market value of the property.
plaintiff filed the suit for declaration that the sale deeds were fabricated and therefore, were void. Considering the provisions of Tamil Nadu Court Fees and Suit Valuation Act, it was held that sui....
In suits for declaratory decrees with consequential relief, fixed court fees apply when no possession is sought, as per Section 7(iv)(a) of the Court Fees Act.
The main legal point established in the judgment is the determination of court fees for a suit challenging gift deeds based on the value of the properties mentioned in the gift deeds and the nature o....
The court clarified that a non-executant must pay ad valorem court fees for declaring a sale deed void, capped at Rs.1,50,000 under the Madhya Pradesh Amendment.
Damage suit – Valuation for the purposes of jurisdiction and relief has to be same in money suits falling under category 7(i).
Proper valuation for damages and consequences in agricultural cases must adhere to statutory guidelines of the Court Fees Act.
The main legal point established in the judgment is the interpretation of 'consequential relief' under Section 7 (iv) (c) of the Court Fees Act and the limited scope for interference under Article 22....
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