MILIND N. JADHAV
Anjlli Patil alias Anjlii Gaurav Sharma – Appellant
Versus
Bajaj Allianz Life Insurance Company Ltd – Respondent
JUDGMENT
Heard Mr. Kulkarni, learned Advocate for Petitioner and Mr. Chitnis, learned Advocate for Respondent No. 1.
2. Present Writ Petition takes exception to the order dated 12.02.2024 passed by the learned Trial Court below unnumbered Exhibit dated 31.01.2024 which is an Application moved by Defendant No.1 (Respondent No.1 herein). The Application was moved for rejection of Suit Plaint under O VII R 11(c) of the Code of Civil Procedure, 1908 (for short “CPC”). After hearing both sides, learned Trial Court in its wisdom partly allowed the Application, inter alia, directing Plaintiff (Petitioner herein) to properly value the Suit Plaint and pay requisite court fee stamp since that was the only sustainable objection raised by Defendant No. 1 in its Application.
3. Briefly stated Plaintiff is the wife of an Army Officer. She filed Special Civil Suit No. 2401/2023 seeking declaratory relief, damages, her reinstatement and injunction pursuant to her termination. She was serving with Defendant No. 1 Company as ‘Vice President’ and was terminated against which she approached the Civil Court. In the Valuation Clause as stated in the Suit Plaint, she categorically pleaded that being the
(1) It is not a crime in this Country to have an independent source of income or have a loan balance, but that cannot be considered as sole yardstick to classify a family member not wholly dependent.....
The term 'wholly dependent' includes both financial and physical support, allowing the wife of an Army Officer to claim exemption from court fees despite previous employment.
Court fees exemption applies distinctly to plaintiffs' income, independent of spouses' earnings.
The delay in filing an appeal cannot be condoned without giving an opportunity of hearing to the opposite party. The exemption from payment of Court fee is applicable to 'plaint' only and not to 'mem....
The legal point established is that 'wholly dependent' should be understood in the context of the relevant rules and should not be confined to mere financial dependence, but should also include physi....
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....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.