AI Overview...
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Court Fee Calculation Based on Market Value - When consequential relief is claimed, the court fees should be calculated on the market value of the property or the value mentioned in the instrument. Multiple judgments emphasize that valuation for court fees must reflect the current market value and not just the relief amount. Deepti Gupta VS Karam Singh - Himachal Pradesh, K.K.VASANTHAKUMARY Vs K.G.CHANDRASHEKARAN - Kerala, MAHANT PURSHOTTAM DASS VS HAR NARAIN - Delhi, Chief Inspector of Stamps, U. P. Allahabad VS Mahanth Laxmi Narain - Allahabad
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Relief Type and Its Impact on Valuation - If the relief sought is mere declaration without consequential relief, the court may fix a flat fee. However, when consequential relief (such as injunction or declaration affecting immovable property) is involved, the valuation should correspond to the market value of the property. The nature of relief influences whether ad valorem or fixed fee applies. Jai Krishna Das VS Babu Ram - Punjab and Haryana, MANOHAR LAL vs DELHI DEVELOPMENT AUTHORITY AND ORS. - Delhi, SHANYA DEVELOPERS & RELATIONS (P) LTD. Vs GEORGE - Kerala, INDIAN LEAF TOBACCO DEVELOPMENT VS AGRICULTURAL MARKET COMMITTEE - Andhra Pradesh, T. S. Sridharan & Another VS M. F. Simon & Another - Madras
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Legal Provisions and Judicial Ratification - Courts have consistently held that under the Court Fees and Suit Valuation Acts, the valuation for court fees should be based on the market value of the property, especially for declaratory and consequential reliefs. In cases where the valuation is undervalued, courts have the authority to reassess based on the actual market value. K.K.VASANTHAKUMARY Vs K.G.CHANDRASHEKARAN - Kerala, SHANYA DEVELOPERS & RELATIONS (P) LTD. Vs GEORGE - Kerala, INDIAN LEAF TOBACCO DEVELOPMENT VS AGRICULTURAL MARKET COMMITTEE - Andhra Pradesh
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Summary - When consequential relief is sought in a suit involving immovable property, court fees are to be calculated on the market value of the property, not merely on the relief amount or fixed fees. The valuation principles are reinforced by various judgments and statutory provisions, ensuring fees reflect the property's true market worth.
Search Results for "If Consiquential Relief is Asked then Court Fees is to be Calculated on Market Value"
2016 0 Supreme(HP) 2511 • India - Himachal Pradesh
TARLOK SINGH CHAUHAN
the court fee should be affixed on the market value of the property or the value mentioned in the instrument. ... The court referred to various judgments to determine whether the court fee should be affixed on the market value of the property ... The court emphasized that the valuation of the suit property should be in accordance with the market value of the property and not ... on the m....
2020 Supreme(Online)(KER) 9565 • India - High Court of Kerala
R. NARAYANA PISHARADI, J
Ratio Decidendi: The valuation of court fees must be based on the current market value of the property and the nature of relief ... on the property’s market value as per the Kerala Court Fees and Suit Valuation Act. ... valuation for court fees under Section 25 must align with market value principles set in Section 7, influencing the interpretation ... However,....
1977 0 Supreme(Del) 133 • India - Delhi
PRITHVI RAJ, T.V.R.TATACHARI, YOGESHWAR DAYAL
reference to immovable property, and that the value of the suit for purposes of court fees would be the market value of the immovable ... COURT FEES - SUIT VALUATION - DECLARATORY RELIEF WITH CONSEQUENTIAL RELIEF - SECOND PROVISO TO SECTION 7 (IV) (C) OF THE COURT ... property plus the value of the relief for purposes of declaration and consequential#H....
1979 0 Supreme(AP) 116 • India - Andhra Pradesh
A.SEETHARAM REDDY
Markets Act Court fee paid under Sees 24 (d) and 20 on notional value - Not proper ... ... issued by the Market Committee demanding returns of purchases for levy of market fee under A P Agricultural Produce and Livestock ... turnovers are declared, the Quantum could be ascertained and then the fee at the rate of 20 paise per hundred Rupees could be calculated ... It was also observed that it cannot be held that until rules are framed under section 77 of the Court#HL_E....
1966 0 Supreme(P&H) 212 • India - Punjab and Haryana
R.S.NARULA, D.K.MAHAJAN, S.K.KAPUR
If the plaintiff has asked for a mere declaration without any consequential relief, prima facie he is entitled to sue on a fixed ... by the language in which the relief asked for is expressed. 2. ... The Court should not import into the plaint or read into it any relief which has not been asked for by the plaintiff only in order ... Sharma, JJ.) was that the proviso to Section 7(iv) (c) applied to the case and the plaintiffs were, therefore, liable t....
2025 Supreme(Online)(Del) 7396 • India - IN THE HIGH COURT OF DELHI AT NEW DELHI
ANIL KSHETARPAL, HARISH VAIDYANATHAN SHANKAR, JJ
... ... Issues: The main issue was whether the court fee should be payable ad valorem on the market value of the property or as a ... between consequential relief from declaratory relief and independent injunction resulting in a mere fixed fee requirement. ... ... ... Ratio Decidendi: The court reasoned that the reassessment of court fees based on the nature of relief indicates distinction ... The moot question ....
2010 Supreme(Online)(KER) 25255 • India - High Court of Kerala
THOMAS P.JOSEPH, J
Issues: Whether the court fee for the declaratory relief sought should be calculated under Section 25(b) based on the property ... ruled that the relief sought in a declaratory suit concerning immovable property necessitated fee payment based on the market value ... Final Decision: The petitioner must pay court fees based on half of the market value of the properties as specified in Section ... in the way of #HL_....
1979 0 Supreme(AP) 121 • India - Andhra Pradesh
A.SEETHARAM REDDY
COURT FEES - VALUATION OF SUIT - SUIT FOR DECLARATION AND INJUNCTION - MARKET FEE - COURT CAN VALUE THE RELIEF IF IT IS NOT SATISFIED ... Court Fees and Suits Valuation Act empowers the court to value the relief if it is not satisfied with the valuation put by the plaintiff ... WITH THE VALUATION PUT BY THE PLAINTIFF - COURT CAN VALUE THE RELIEF#HL_END....
2005 0 Supreme(Mad) 337 • India - Madras
A.KULASEKARAN
to be considered only-It the relief claimed is undervalued, payment of court fee to be determined and calculated on the basis of ... Code of Civil Procedure, 1908-Order 7, Rule 11, Tamil Nadu Court fees and suits valuation Act, 1955-Section 25-Suit for declaration ... for administration of property-Relief of injunction also sought-Plaintiff in possession of the property-Allegation in the plaint ... market value of the property or on rupees one thousa....
1969 0 Supreme(All) 97 • India - Allahabad
S.N.DWIVEDI, S.D.KHARE, G.C.MATHUR, S.N.SINGH, J.S.TRIVEDI, H.N.SETH, HAMID HUSAIN
The value of the consequential relief is the market value of the immovable property in respect of which the relief has been sought ... sought is with reference to immovable property and that the value of the consequential relief is the market value of the immovable ... The Court examined the meaning of the term 'consequential relief' as used in....
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