AI Overview...
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Section 7 of the Court Fees Act - Provides detailed guidelines for computing court fees in various suits, including suits for enforcement of pre-emption rights, partition, declaratory relief, and suits involving agricultural lands. The section specifies different methods of valuation, such as market value or share of estate, depending on the nature of the suit. Oinam Gulamjat Singh VS State of Manipur - Gauhati, GIRDHARLAL LAVJIBHAI CHOLERA VS BHOGILAL GIRDHARLAL - Gujarat, Haripada Roy VS Rashbehary Mallick - Calcutta, Sushil Suri VS Harish Suri - Allahabad
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Computation in Specific Suit Types - For suits for partition, the fees are calculated based on the value of the share or the total land, with provisions for suits involving agricultural lands and declaratory decrees. The valuation often depends on the market value or the relief sought, affecting the fee payable. GIRDHARLAL LAVJIBHAI CHOLERA VS BHOGILAL GIRDHARLAL - Gujarat, JIWAN VS HIMACHAL PRADESH HOUSING - Himachal Pradesh, Haripada Roy VS Rashbehary Mallick - Calcutta
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Suits for Declaratory Relief - Section 7(iv)(c) specifically addresses suits for declarations, where the fee is determined by the valuation of the subject matter, which influences both the court’s jurisdiction and the fee payable. Courts have emphasized that proper valuation is crucial for correct fee computation. JIWAN VS HIMACHAL PRADESH HOUSING - Himachal Pradesh, Haripada Roy VS Rashbehary Mallick - Calcutta
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Special Provisions and Variations - Certain suits, such as those filed in wrong names or involving possession, have specific rules for fee calculation, sometimes requiring fixed fees or valuation based on market value. The Court Fees Act also provides for revision and correction of valuation errors. Sushil Suri VS Harish Suri - Allahabad, Samar Singh Bisen S/o Late Shri R. S. Bisen VS Chhattisgarh Kiraya Bhandar Through its Sole Proprietor Shashank Yadu - Chhattisgarh, SANJAY MITTAL VS BAKULI - Chhattisgarh
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Legal Principles and Judicial Interpretations - Courts have consistently held that the valuation for fee purposes must reflect the true nature and relief sought in the suit. The Supreme Court and High Courts have clarified that the fee should be computed in accordance with the scheme laid down in Section 7, considering the suit's subject matter. Haripada Roy VS Rashbehary Mallick - Calcutta, Nana VS Sundarbai - Madhya Pradesh
Analysis and Conclusion
The computation of fees payable in suits under the Court Fees Act primarily hinges on the valuation of the suit's subject matter, as outlined in Section 7. Different types of suits—such as for partition, declaratory relief, or enforcement of pre-emption—have specific valuation rules, often based on market value, share of estate, or relief sought. Proper valuation is critical, as it affects both the fee payable and the court’s jurisdiction. Courts have emphasized adherence to statutory provisions and have clarified that fees should be proportionate to the relief or value involved in the suit, ensuring fairness and consistency in fee assessment.
Search Results for "Computation of Fees Payable in Suits"
1989 0 Supreme(Gau) 104 • India - Gauhati
R.K.MANISANA SINGH, Y.IBOTOMBI SINGH
Section 7 of the Court Fees Act provides for computation of fees payable in certain suits. 7. ... Section 7 (vi) of the Court Fees Act provides for computation of fees payable in suits to enforce a right of pre-emption. 8. ... FEES ACT, 1870, SECTION 7(V)(B) - COURT FEES ACT, 1870, SECTION 7(V)(D) - Whether court fee is payable in respect of an application ... S....
2023 0 Supreme(Chh) 3 • India - Chhattisgarh
DEEPAK KUMAR TIWARI
of fees payable in certain suits – Learned counsel parties would submit that respondent defendant was ex-parte before Court which ... Civil Procedure Code, 1908 – Order 7 Rule 11 – Court Fees Act, 1870 – Section 7 – Decree or Order – Computation ... precedents are of no help to petitioner plaintiff impugned order passed by trial Court directing plaintiff to pay deficit Court Fees ... Clause (v) provides that where the relief is in regard to agricultural lands, court fee should be recko....
2023 0 Supreme(Chh) 121 • India - Chhattisgarh
DEEPAK KUMAR TIWARI
, 1870 – Section 7 – Power of superintendence of all courts by High Court – Computation of fees payable in certain suits – Writ petition ... Pradesh has categorically held that even when a suit is filed for a share of an estate not being any specified part – Court fee payable ... Constitution of India, 1949 – Article 227 – Civil Procedure Code, 1908 – Order 14 Rule 2 – Court-fees Act ... Fundibai Amichand Kulmi reported in AIR 1972 MP 22, in which the High Court of Madhya Pradesh has c....
2006 0 Supreme(J&K) 49 • India - Jammu and Kashmir
MANSOOR AHMAD MIR
in court and the computation of fees payable in suits for money. ... Court Fees Act, specifically Section 6, Section 7(i), and Section 13, which govern the payment of court fees for documents filed ... the relevant provisions of the Court Fees Act. ... Computation of fees payable in certain suits. -- The amount of fee payable under this Act in the suits next her....
1980 0 Supreme(Guj) 35 • India - Gujarat
B.J.DIVAN
Act provides for computation of fees payable in certain suits relevant portion of provides as follows amount of fees payable this ... Act in the suits next after mentioned shall be computed as follow - In suits for partition and separate possession of a share of ... Civil Suit - Court Fees Act – Section 12 (3) - Claims in suit land - Declaration and partition - petitioner ... ... ( 4 ) SEC. 6 of the Bombay Court Fees#HL_E....
2009 0 Supreme(HP) 1070 • India - Himachal Pradesh
DEEPAK GUPTA
Section 7(iv)(c) of the Himachal Pradesh Court Fees Act, 1968 provides for the computation of fees payable in suits for a declaratory ... Court Fees Act deals with multifarious suits and the aggregate amount of fees payable in such suits. ... The court also held that the suits were not properly valued for court fees purposes. ... As far as Issue No.2 is concerned Section 7(iv)(c)....
2023 0 Supreme(All) 104 • India - Allahabad
MANISH MATHUR
Act, 1870 – Section 7(v)(I)(c), 7(v)(II), 7 – Revision – Suit in name of wrong plaintiff – Computation of fees payable in certain ... suits – Possession of land, houses and gardens – Maintenance and annuities - Whether determination of 'market value' as contemplated ... by learned counsel for opposite parties do not have any application in present case and it is therefore held that in cases where suits ... It is submitted that however the trial court by means of impugned order while holding court #HL_ST....
2018 0 Supreme(Chh) 642 • India - Chhattisgarh
SHARAD KUMAR GUPTA
payable in certain suits - In suits for a declaratory decree and consequential relief, to obtain a declaratory decree or order, ... - Rehabilitation - Suit for cancellation and declaration that it is ineffective and paid the fixed Court fee - Computation of fees ... Code of Civil Procedure, 1860 - Order 7, Rule 11 - Court-fees Act, 1870 - Section 7 (iv)(c) - Sale deed ... Computation of fees payable in certain suits#HL_END....
1985 0 Supreme(Cal) 247 • India - Calcutta
B.C.Roy, N.G.Chaudhuri
Finding of the Court: The court held that, as per Section 7(iv)(c) of the Court Fees Act, 1970, in suits for declaratory ... Ramanathan Chettiar, which held that in suits falling under Section 7(iv) of the Court Fees Act, the plaintiff's valuation determines ... the value for both court fees and jurisdiction. ... (as His Lordship then was), who spoke for the Supreme Court, observed as follows :- ... "if the scheme laid down for the computation of fees paya....
1980 0 Supreme(MP) 687 • India - Madhya Pradesh
U.N.BHACHAWAT
On the consideration of the scheme laid down for the computation of fees payable in suits covered by various sub – sections of section ... The upshot of this discussion is that the plaintiffs cannot be required to pay the Court – fees which is payable on a consequential ... ... (2) Suits Valuation Act/a
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