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AMAR NATH KESHARWANI
Giraja Shankar Sharma – Appellant
Versus
National Insurance Company Limited – Respondent
Headnote: Read headnote
ORDER
1. Heard on I.A. No.10710 of 2022, an application for ignoring the default of 2.5% Court fee as pointed out by the Registry.
2. Learned counsel for the appellants submits that as per the provision of the Court Fee (Madhya Pradesh Amendment) Act, 2012, Court fee ought to be paid 2.5% of the enhanced amount, awarded in the Appeal and not on the amount which is claimed in appeal and Registry of this Court has wrongly raised objection on the proportionate Court fee and demanding 2.5% Court fee on the claimed amount in appeal which is against the spirit of law.
3. Learned counsel for the appellant submits that the enhanced amount cannot be determined earlier the judgment, but only after the judgment and only in cases where enhancement is made, then in that case only the Court fee has to be paid and that too on the enhanced amount and in case enhancement is not done, then no Court fee is required to be paid.
4
The main legal point established in the judgment is the interpretation of Sec. 52 of the Tamil Nadu Court Fees and Suit Valuation Act, 1955, and its application to appeals arising from suits filed be....
An appeal against the Master’s order regarding court fees is not maintainable as per Order XIV Rule 12 of the Madras High Court Original Side Rules, 1994.
Court fees must be paid for appeals as per the Court Fees Act; its proper valuation is crucial.
The provisions of Section 148 and 149 of the Code of Civil Procedure are intended to apply to cases of bona fide mistakes and not where a party consciously and intentionally avoided putting in defici....
A court must address court fee sufficiency before evaluating the merits of a claim, per statutory provisions preventing post-evidence challenges.
Court fees determined based on unascertainable claim amount; excess fees by mistake eligible for refund.
The duty of the Civil Court and first appellate Court to decide the amount of Court-fees payable and the power of the first appellate Court to adjudicate the issue of Court-fees in the appeal.
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