court fee on alternative relief

Sulaikha VS Raghavan - 06 Dec 18

India - Kerala

court-fee for the alternative relief, on a combined reading of the proviso to Sections 6(3) and 52 of the Act, the fee that would ... ;Even if the respondent/plaintiff has not paid the court-fee for the alternative relief, on a combined reading ... , which was prayed for in alternative to a greater relief-No court-fee was paid for the lesser alternative relief, by virtue of Section ... Therefore, it follows that, even if the respondent/plaintiff has not paid the court-fee for the alternative relief, on a combined ... fee for the said lesser alternative relief; but he had paid the court fee for the highest relief viz. the specific performance of ... payable" on the relief in the court of first instance.

- 03 Jul 42

India - Madras

Court-Fee - Single Relief and Alternative Relief - The court considered whether a single court-fee would be sufficient for a claim ... seeking possession as the primary relief and the return of consideration money as an alternative relief. ... Final Decision: The court held that a single court-fee based on the total valuation of the claim was all that could be levied ... The second and alternative relief was for the recovery of the consideration on the footing that though the deed might be good, the ... The Court held that a single court-fee based on a valuation of Rs. 22,000 would be sufficient for both the reliefs, as they did not ... The matter relates to a question of court-fee.

Anem Shiva Parvatamma VS Akasam Bayanna - 14 Nov 52

India - Orissa

This alternative relief was valued at Rs.50,000/- and court-fee was paid on this amount. ... COURT FEES ACT, 1870 - SECTION 17 - INTERPRETATION - SUBJECT - CAUSE OF ACTION - ALTERNATIVE RELIEF - COURT FEE PAYABLE ON THE ... and the fee already paid on the higher relief is sufficient. ... This alternative relief was valued at Rs.50,000/- and court-fee was paid on this amount. ... Ramdheyan Rai, 44 Ind Cas 143 (Pat), where it was held that where alternative reliefs were sought, court-fee must be paid on the ... the same cause of action, are sought either jointly or in the alternative, the fee shall be paid according to the value of the relief

K. Rangaswamy Reddiar VS V. Venkataperumal Reddiar - 05 Oct 37

India - Madras

Issues: Dispute over the proper court-fee payable on the plaint, specifically on the alternative relief claimed by the plaintiff ... Finding of the Court: The court directed the plaintiff to pay additional court-fees on the alternative relief, leading ... The plaintiff also sought an alternative relief for a sum of money and specific performance based on an alleged agreement. ... not pay additional court-fee for the alternative relief. ... If the plaintiff had not been directed to pay additional court-fee on the alternative relief, the plaintiff perhaps might have been ... Champakesa Aiyangar is in regard to the direction to pay additional court-fee on the sum of Rs. 22,000 the alternative relief claimed

K. Rangaswami Reddiar VS K. Venkataperumal Reddiar - 05 Oct 37

India - Madras

that the plaintiff need not pay additional court fee for the alternative relief as the cause of action was based on the settlement ... Issues: The main issue was the court fee payable on the deed of settlement and the alternative relief claimed by the plaintiff ... Finding of the Court: The court found that the plaintiff need not pay additional court fee for the alternative relief ... not pay additional court-fee for the alternative relief. ... to pay additional court-fee on the alternative relief, the plaintiff perhaps might have been able to comply with the order in so ... Champakesa Aiyangar is in regard to the direction to pay additional court-fee on the sum of Rs. 22,000, the alternative relief claimed

- 17 Sep 31

India - Madras

Court-fee for each relief or only the higher valued relief. ... Finding of the Court: The Court found that the plaintiff had to pay ad valorem Court-fee on the valuation of the second ... relief claimed, and as the Court-fee payable in respect of that relief would be more than the Court-fee paid in respect of the first ... respect of Court-fee leviable on each, then the amount of Court-fee payable is to be determined on the relief carrying the higher ... , and also an, alternative relief for payment of Rs. 60 (for which the Court-fee would be only Rs. 6-11-0). ... Advocate for the petitioner) that the plaintiff will have to pay ad valorem Court-fee on the valuation of that relief.

Kancharmal VS Salim - 23 Jun 88

India - Madhya Pradesh

the Court fee on the alternative relief. ... In the alternative he submits that even if it is held that the Court fee had to be paid on the relief sought by the plaintiff for ... pay the Court – fee on that amount.

Joseph Carlos Xavier Louis Anthony Benedict Aldo Costa, a minor by mother and next friend Mary John Berchamans VS Stanislaws Costa and others - 02 Dec 55

India - Madras

Court-fee - Administration Suit - The court held that the relief sought by the plaintiff for setting aside certain sales and alternative ... relief of a money decree should be separately valued and court fee paid thereon. ... binding on the estate, and therefore, the plaintiff must pay court-fee under Art. 17-A(i) of the Second Schedule of the Court-fees ... In this view there is no need for the plaintiff to pay court-fee on the alternative relief because that is only consequential on ... For this relief, the plaintiff must pay court-fee under Art. 17-A(i) of the Second Schedule of the Court-fees Act. ... of setting aside the sales and alternative relief of a money decree separately and pay separate court-fees in respect of the higher

S. P. GUPTA VS ABDUL RAHMAN - 11 Oct 57

India - Allahabad

This figure exceeded the valuation of the alternative relief No. 3, court-fee was, therefore, payable on the sum of Rs. 56,450/- ... - on the value of the alternative relief of Rs. 50,000/-. ... Issues: Whether the plaintiff was bound to pay full court-fee on the consideration of the contract of sale or only on the ... This figure exceeded the valuation of the alternative relief No. 3, court-fee was, therefore, payable on the sum of Rs. 56,450/- ... paid in the trial Court because the court-fee in respect of the first relief should have been paid on the sum of Rs. 56,250/- which ... of Rs. 2,190/10/- on the value of the alternative relief. e. , Rs. 50,000/- because the total value of the two other reliefs was

L. Rathanchand Sarma VS Vinayaka Exports & Imports, Rep. By its Partners, Dr. A. Shanmugasundaram - 29 Aug 17

India - Madras

Court Fee either Under Section 30 or under Section 37 as may be - Similarly when a plaintiff seeks an alternative relief of refund ... in such cases is Court Fee that would be payable in Court of first instance on relief prayed for in appeal - In a case of rejection ... submission of learned Additional Advocate General could be countenanced - Suitor is given benefit to pay Court Fee on main relief ... the Court Fee should be paid on the main relief. ... Court Fee for the said relief. ... Act, 1955 and contend that the rejection of the plaint being an ancillary relief, the Court Fee is payable on the main relief that

MADHAVRAO SITARAM KOHALI VS State of Maharashtra - 21 Feb 78

India - Bombay

pay ad valorem court fee on Rs. 15,16,500. ... The plaintiffs were directed to amend the plaint so as to value the alternative relief and to pay court-fee thereon as indicated ... COURT FEES ACT - SECTION 6 (I) (V) - SUIT FOR POSSESSION OF LAND - VALUATION - COURT FEES PAYABLE - ALTERNATIVE RELIEF - DECLARATION ... It seems to me that the plaintiffs must value this alternative relief for the purpose of court-fee. ... The plaintiffs are directed to amend the plaint so as to value the alternative relief and to pay court-fee thereon as indicated above ... There is, however, one more difficulty which has arisen on account of plaintiffs' amendment to the plaint and the alternative relief

Champabai VS Pirudas - 11 Feb 88

India - Madhya Pradesh

called upon her to pay additional court – fee in respect of the relief praying for a decree of Rs.24,000/ – based on the bonds executed ... S. (2) of S. 17, does not contemplate an alternative relief based on the same set of facts. ... not a different relief, it is claimed as an alternative relief in case the relief of cancellation of sale – deeds was not granted

Krishnan Namboothiri VS Parameswara Menon - 14 Jan 64

India - Kerala

The court fee was paid on the alternative relief amount, but the specific provision of the Court Fees Act was not mentioned in the ... Court Fees Act, and the court fee is payable on the amount or value of the subject matter. ... Issues: Interpretation of court fee provisions under the Court Fees Act and valuation of relief for cancellation of promissory ... The relief for injunction was valued at Rs. 100/-. Court fee was paid on the sum of Rs. 7715/-. ... According to the plaintiff, court fee on the first relief is leviable under S.3(4)(f) of the Travancore-Cochin Act - to obtain a ... declaratory decree or order where consequential relief is prayed for - for which court fee is payable on the amount at which the

SOBHANA vs V.REGHUNATH - 30 Jan 23

India - Kerala

The primary relief was to measure and demarcate property, with the second alternative prayer contingent on the outcome of the first ... Ratio Decidendi: The court established that the alternative prayer for recovery of possession was dependent on the primary ... of alternative prayers in a suit and the applicability of court fee provisions, emphasizing proper valuation and procedural adherence ... along with his written statement; and that all which he prayed for is that plaintiff be directed to remit the Court Fee on prayer ... Going by Ext.P5 impugned order, the Trial Court has concluded that the primary relief sought for is for a finding that plaint A schedule ... The petitioners argue that Trial Court has erred in holding that suit is correctly valued; and further that, on account of the Explanation

Neptune India Ltd VS New Delhi Municipal Council - 23 Dec 21

India - Delhi

seeks restraint on respondent from terminating agreement for not furnishing performance guarantee and from recovering license fee ... Court found that compensation was adequate relief for non-performance of contract and dismissed the petition. ... Court did not consider or comment on the merits of the case of either party. All rights and contentions of parties are reserved. ... Section 14 of the Specific Relief Act, 1963 stipulates that where compensation in terms of money is an adequate relief for non performance ... As noticed hereinabove repeatedly time was granted on assurances given to the Court but the assurances given to the Court were not ... of petitioners default in honoring the statement given to this Court on 08.03.2021.

KAILASH CHANDRA MOHANTO VS RAJKISHORE MOHANTO - 05 Mar 64

India - Orissa

ON THAT RELIEF. ... - COURT-FEES ACT, 1870 - SECTION 17 - COURT-FEE PAYABLE ON PLAINT - HIGHER COURT-FEE PAYABLE ON ONE OF THE RELIEFS - COURT-FEE PAYABLE ... Finding of the Court: The High Court held that the suit for alternative reliefs was maintainable as the two reliefs ... one requires a higher Court-fee the Court-fee payable is on the relief requiring the higher Court-fee; Dasarathe Meshy v. ... , the defendants' contention on Court-fee has no merit at all. ... In case the story of exchange is disbelieved the plaintiffs also claimed an alternative relief for declaration of title to and recovery

PUNJRAJ VS KALUSA - 09 Apr 27

India - Nagpur

The appeal was allowed, and the appellant was granted a refund of Court-fee on the memorandum of second appeal. ... However, the plaintiff sought an alternative relief of the refund of consideration due to the finding that it was the plaintiff's ... Finding of the Court: The Court held that the contract was difficult to perform as it depended on the consent of a ... The appellant will get refund of Court-fee on the memorandum of second appeal. Costs in the lower Court will abide the result. ... Rightly enough the plaintiff is not satisfied with this decree and wants in lieu thereof a decree granting the alternative relief ... No doubt, the plaintiff has put forward the alternative claim for refund of consideration, but that is expressly made contingent

MAHESH KUMAR MONGA VS RISHI RAJ - 01 Feb 96

India - Delhi

court fee is liable to be paid. ... Ratio Decidendi: The court held that in a suit for specific performance, the relief of possession is also sought, and no additional ... did not have privity of contract with defendant No. 5, so the question of the suit being properly and separately valued for the relief ... In my view it is permissible to claim the alternative relief of damages in a suit for specific performance and the Court fee is liable ... No additional Court fee is liable to be paid. However, in the present case the situation is on a different footing. ... fee separately Counsel for the defendant further argued that the plaintiff has to pay separate Court fee for relief of specific

BALDEO SINGH RAGHURAJ SINGH VS GOPAL SINGH RAGHURAJ SINGH - 21 Jan 66

India - Madhya Pradesh

... (2) Court Fee-payable on plaint as drafted and not on a plaint as ... determining Court Fee. ... extent of plaintiff's share-no consequential relief claimed –Court-fee payable under Art. 17 (iii), Sch. ... relief such as the cancellation of an instrument the court fee on the plaint and the memorandum of appeal should be fixed court-fee ... The Court-fee is dependent not on the form of the pleadings, but on the real substance of the relief claimed. (3) A suit though cast ... and contents himself with claiming a mere declaratory decree the Court can call upon him to pay court fee on the consequential relief

G. S. CIDKKAMADAIAH VS T. VENKATESH - 21 Oct 08

India - Karnataka

the Court fee. ... of contract and as relief of alternative relief cannot bar Court from granting relief of specific performance - Said reasons leading ... lower appellate Court to disagree with view taken by trial Court on this aspect - Not proper. ... of specific performance with the alternative relief was allowed on 3-12-1996, the plaintiff did not pay the requisite Court fee ... of the contract and as the relief of alternative relief cannot bar the Court from granting the relief of specific performance, the ... on record that the plaintiff gave up the relief of specific performance being unable to pay the Court fee and said prayer was included

Searched Results

Sulaikha VS Raghavan - 06 Dec 18

- 03 Jul 42

Anem Shiva Parvatamma VS Akasam Bayanna - 14 Nov 52

K. Rangaswamy Reddiar VS V. Venkataperumal Reddiar - 05 Oct 37

K. Rangaswami Reddiar VS K. Venkataperumal Reddiar - 05 Oct 37

- 17 Sep 31

Kancharmal VS Salim - 23 Jun 88

Joseph Carlos Xavier Louis Anthony Benedict Aldo Costa, a minor by mother and next friend Mary John Berchamans VS Stanislaws Costa and others - 02 Dec 55

S. P. GUPTA VS ABDUL RAHMAN - 11 Oct 57

L. Rathanchand Sarma VS Vinayaka Exports & Imports, Rep. By its Partners, Dr. A. Shanmugasundaram - 29 Aug 17

MADHAVRAO SITARAM KOHALI VS State of Maharashtra - 21 Feb 78

Champabai VS Pirudas - 11 Feb 88

Krishnan Namboothiri VS Parameswara Menon - 14 Jan 64

SOBHANA vs V.REGHUNATH - 30 Jan 23

Neptune India Ltd VS New Delhi Municipal Council - 23 Dec 21

KAILASH CHANDRA MOHANTO VS RAJKISHORE MOHANTO - 05 Mar 64

PUNJRAJ VS KALUSA - 09 Apr 27

MAHESH KUMAR MONGA VS RISHI RAJ - 01 Feb 96

BALDEO SINGH RAGHURAJ SINGH VS GOPAL SINGH RAGHURAJ SINGH - 21 Jan 66

G. S. CIDKKAMADAIAH VS T. VENKATESH - 21 Oct 08