Bright Way Cars Clinic (M/s.) and Another v. Central Bank of India and Others

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2007 Supreme(Online)(J&K) 2

JAMMU AND KASHMIR HIGH COURT
Mansoor Ahmad Mir, J.
Bright Way Cars Clinic (M/s.) and Another v. Central Bank of India and Others

Table of Content
1. lack of court fee deposit by the appellant. (Para 1 , 4 , 5)
2. arguments regarding the necessity of court fee payment. (Para 2 , 6)
3. the court fees act's principles and provisions concerning appeals. (Para 3 , 7 , 8 , 10 , 11 , 13 , 15 , 23)
4. valuation principles for court fees and jurisdiction. (Para 9 , 14 , 20 , 22)
5. final decree on the necessity to comply with payment of court fees. (Para 24 , 25 , 26 , 27)

1. In terms of note of the Registry, appellant has not deposited the Court fee.

2. Mr. Haqani, learned counsel for appellants, disputed the correctness of the note of the Registry on the premises that the appellants are not required to pay the court fees because it is to be paid only once which the respondent (plaintiff) had paid at the time of filing of the suit which came to be decreed. Thus the appellants are not required to pay court fee.

3. Heard. Perused. Considered.

4. It appears that plaintiff had filed a suit before the trial Court for recovery of Rs. 28,20,542/- along with interest thereon pendente lite and future interest at the rate of 16.5% w.e.f. 31-3-2001 till final liquidation of the decretal amount. The defendant filed written statement bef

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2007 Supreme(Online)(J&K) 2

JAMMU AND KASHMIR HIGH COURTMansoor Ahmad Mir, J.Bright Way Cars Clinic (M/s.) and Another v. Central Bank of India and Others

JAMMU AND KASHMIR HIGH COURT
Mansoor Ahmad Mir, J.
Bright Way Cars Clinic (M/s.) and Another v. Central Bank of India and Others