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Checking relevance for Superintending Engineer VS B. Subba Reddy...
Superintending Engineer VS B. Subba Reddy - 1999 4 Supreme 386 : Court fee is payable on cross-objection like that on the memorandum of appeal. This principle is explicitly stated in Para 22 of the document, which cites the Code of Civil Procedure, 1908, Order 41, Rule 22, and further confirms that provisions relating to appeals by indigent persons also apply to cross-objection. The document reinforces this by referencing judicial precedent in Sahadu Gangaram Bhagade v. Special Deputy Collector, Ahmadnagar & Anr., where it was held that a cross-objection, though not formally styled as an appeal, functions substantially as one and thus attracts the same procedural requirements, including payment of court fees.Checking relevance for Sahadu Gangaram Bhagade VS Special Deputy Collector, Ahmednagar...
Sahadu Gangaram Bhagade VS Special Deputy Collector, Ahmednagar - 1970 0 Supreme(SC) 174 : Yes, a respondent must pay court fees on a cross-objection filed in an appeal. The court held that the cross-objection filed by the appellant (respondent) was a form of appeal and thus subject to ad valorem court fees under Article 3 of Schedule I of the Bombay Court-fees Act, 1959. The court explicitly stated that a cross-objection, though not formally called a ''''memorandum of appeal'''', functions as one in substance and is therefore treated as such for the purpose of court fee calculation. The court further clarified that Section 7(1) of the Bombay Court-fees Act, 1959, which mandates computation of court fees based on the difference between the claimed and awarded amounts, applies to appeals under Section 11 of the Requisitioning and Acquisition of Immovable Property Act, 1952, and confirms that such fees are ad valorem, not fixed. Therefore, court fees are required on cross-objections.Checking relevance for P. K. Palanisamy VS N. Arumugham...
Checking relevance for Hari Shankar Rastogi VS Sham Manohar...
Hari Shankar Rastogi VS Sham Manohar - 2005 2 Supreme 626 : Yes, court fee is payable on a cross-objection, just as it is payable on a memorandum of appeal. This is explicitly stated in the legal document, which notes that ''''Court fee is payable on cross-objection like that on the memorandum of appeal.''''Checking relevance for Gujarat State Financial Corporation VS Natson Manufacturing Company Private LTD. ...
Gujarat State Financial Corporation VS Natson Manufacturing Company Private LTD. - 1978 0 Supreme(SC) 230 : Art. 1 of Sch. I of the Court-fees Act provides for ad valorem court-fee on a plaint or memorandum of appeal (not otherwise provided for in the Act) or of cross-objections presented to any civil or revenue court, to be levied according to the scale set out in the Schedule on the value of the subject-matter in dispute. This indicates that cross-objections are subject to court fees under the Court-fees Act, and the fee is calculated based on the value of the subject-matter in dispute.Checking relevance for South Eastern Coalfields Limited VS S. Kumar Associates Through Its Power Of Attorney Holder Rajendra Rajput...
South Eastern Coalfields Limited VS S. Kumar Associates Through Its Power Of Attorney Holder Rajendra Rajput - 2023 0 Supreme(Chh) 546 : In a cross-objection filed by a respondent, court fees are not required to be paid if the cross-objection is merely against an adverse finding and not in lieu of a cross-appeal. The court held that under the Explanation to Order 41 Rule 22 of the CPC, a respondent may file a cross-objection against an adverse finding even if the decree is partly in their favor, and such a cross-objection does not attract ad-valorem court fees. This principle was affirmed by the Madhya Pradesh High Court in Babulal Agrawal vs. Jyoti Shrivastava and in Bhagchand vs. Laxmi Narayan, which distinguish between a cross-objection against an adverse finding (no fee required) and a cross-objection in lieu of a cross-appeal (which does require fee). Therefore, if the respondent''''s cross-objection challenges only an adverse finding and not the decree itself, no court fee is payable.
