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Chetan Krishna Shetty VS Seema Chetan Shetty - Bombay (2022)
: The court held that ad valorem court fee is not required to be paid for a suit challenging a gift deed when the relief sought is a declaration that the gift deed is illegal, void, and bad in law, without seeking cancellation. The court emphasized that since gift deeds are executed without consideration, the subject matter is not susceptible to monetary evaluation, and therefore, the suit falls under Section 6(iv)(j) of the Maharashtra Court Fees Act, which prescribes a fixed court fee of Rs.1,000.00 instead of ad valorem fees. This was confirmed in the judgment, which declared that the plaintiff had rightly valued the suit at Rs.1,000.00 under Section 6(iv)(j), and the order directing payment of deficit court fee based on ad valorem valuation was quashed.Checking relevance for Naveen Chaudhary VS Harsh Chaudhary...Checking relevance for Chotu Singh, S/o. Lakshmi Narayan VS Seema Kanwar, W/o. Shree Pawan Singh...
2023 0 Supreme(Raj) 716 : Ad valorem court fee is to be paid for cancellation of a gift deed when the plaintiff is the executant of the deed. The court held that in the instant case, since the plaintiff sought cancellation of gift deeds executed by him, Section 38 of the Rajasthan Court Fee and Suit Valuation Act, 1961 applies, which mandates payment of ad valorem court fee based on the market value of the subject matter (land). This is in contrast to Section 24, which applies to non-executants seeking declaration rather than cancellation, and which would require only a fixed court fee. The court emphasized that the plaintiff, as the executant, must pay ad valorem court fee on the market value of the land, not the nominal consideration stated in the deed.Checking relevance for Narinder Iqbal Singh VS Sarabjit Kaur...
2024 0 Supreme(P&H) 389 : Ad valorem court fee is payable on the value specified in transfer deeds when annulled by the executant, as per Section 7(iv)(c) of the Court Fees Act, 1870. This principle applies to suits for cancellation or annulment of instruments, including gift deeds, where the executant seeks to annul the document. The Full Bench decision in Niranjan Kaur vs Nirbigan Kaur (AIR 1981 P&H 368) and the Supreme Court ruling in Suhrid Singh alias Sardool Singh confirm that if an instrument is sought to be annulled by the executant, ad valorem court fee on the amount of consideration (or value stated in the deed) must be paid. Therefore, a suit for cancellation of a gift deed filed by the executant requires payment of ad valorem court fee based on the value specified in the deed.Checking relevance for Sukhlal VS Devilal...
1953 0 Supreme(Raj) 122 : Ad valorem court fee is payable for the cancellation of a deed when the plaintiff cannot establish their title without removing an insuperable obstacle such as a deed to which they have been a party or by which they are otherwise bound. In such cases, the suit is, in substance, a suit for cancellation of the deed, and thus the court fee is ad valorem according to Art. 1, Schdl. 1, Court Fees Act. This principle applies to a gift deed if it constitutes an insuperable obstacle to the plaintiff''''s title.Checking relevance for Niranjan Kaur VS Nirbigan Kaur...
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2017 0 Supreme(P&H) 952 : The plaintiff, as the executant of the gift deed, is required to pay ad valorem Court fee for seeking cancellation of the deed. This is based on Article 1 of Schedule 1 of the Court Fees Act, 1870, and is supported by authoritative pronouncements.
