AI Overview...
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Section 8 of Maharashtra Court Fees Act - The section pertains to the payment of court fees and the rejection of plaints. Orders passed under Section 8(1) and (2), such as rejection of plaints for non-payment of court fees, are generally not appealable as they do not constitute decrees or judgments. However, if an order under Section 8 results in a rejection of the plaint, it can be considered an appealable decree if it effectively disposes of the suit Pundalik S/o Haribhau Chandekar VS Jagdish S/o Dadaji Bind - Bombay.
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Appealability of Orders in Court Fees Act - The general principle is that orders rejecting plaints under Order VII Rule 11 or similar provisions, including those related to court fees, are not appealable unless they culminate in a decree or final order that disposes of the suit MAHARASHTRA STATE ELECTRICITY BOARD VS NIRANJAN ALLOYS STEELS PVT. LTD. , AURANGABAD - Bombay.
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Case Law and Judicial Viewpoints - Several judgments clarify that orders related to rejection of plaints for non-payment of court fees are not appealable as they are interlocutory in nature. For example, an order rejecting a plaint under Section 8(1) or (2) is not appealable unless it results in a final decree Kolkata Municipal Corporation VS Sankarshan Pvt. Ltd. - Calcutta.
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Exceptions and Specific Provisions - In certain cases, such as when an order is deemed to be a decree or when specific statutes provide for an appeal (e.g., Section 17 of the Consumer Protection Act), appealability is recognized. The availability of an efficacious remedy through an appeal is a key consideration Ashok Khipal VS District Magistrate, Barnala - Punjab and Haryana.
Analysis and Conclusion:
Section 8 of the Maharashtra Court Fees Act primarily deals with the rejection of plaints due to non-payment of court fees. Orders under this section, especially those rejecting plaints, are generally not appealable as they are interlocutory and do not dispose of the suit. However, if such an order results in a decree or final judgment, or if specific statutory provisions provide for an appeal, then it may be appealable. The prevailing judicial view emphasizes that orders under Section 8 are typically not appealable unless they culminate in a final decree or judgment Pundalik S/o Haribhau Chandekar VS Jagdish S/o Dadaji Bind - Bombay, MAHARASHTRA STATE ELECTRICITY BOARD VS NIRANJAN ALLOYS STEELS PVT. LTD. , AURANGABAD - Bombay, Kolkata Municipal Corporation VS Sankarshan Pvt. Ltd. - Calcutta.
References:
- Gujarat Court Fees Act, 2004 Ravani Ceramics VS Marshal MFG. & Exports - Gujarat
- Bombay Court Fees Act, 1958 Pundalik S/o Haribhau Chandekar VS Jagdish S/o Dadaji Bind - Bombay
- Civil Procedure Code, 1908 MAHARASHTRA STATE ELECTRICITY BOARD VS NIRANJAN ALLOYS STEELS PVT. LTD. , AURANGABAD - Bombay
- Other relevant case law and statutory provisions as summarized above
Search Results for "Wheter Section 8 of Maharshtra Court Fees Act is Appealable Section"
2018 0 Supreme(Guj) 1213 • India - Gujarat
J.B.PARDIWALA
4 of Gujarat Court Fees Act, 2004 – Even if suit is dismissed under Section 4 of Gujarat Court Fees Act, 2004, same will amount ... and Section 149 thereof is special – First application praying for time to pay court fees should be in terms of Section 149 of Code ... to rejection of plaint and order in that regard will be a decree and same will be appealable. ... The issue before....
2009 0 Supreme(Bom) 1673 • India - Bombay
B.P.DHARMADHIKARI
as per provisions of Section 6(1) of the Bombay Court Fees Act, 1958. ... Section 8(1)(2) of Act not appealable - Order passed by District Judge not perverse and illegal - Petition dismissed. - In the present ... Maharashtra Rent Control Act, 1999 - Section 8(1), (2), (3), (4) and (5) - Condonation of delay - Application for - Rejected by District ... It is apparent that merely b....
2020 0 Supreme(Mad) 1149 • India - Madras
N.ANAND VENKATESH
Motor Vehicles Act, 1988 - Section 168 - Criminal Procedure Code, 1973 - Section 477 - Civil Procedure Code ... , 1908 - Section 122 – Constitution of India, 1950 - Article 227 - Motor Accident Claim – Claim of compensation - Petitioner has ... relied upon Orders of this Court made in Tr. ... Section 173 of the Act provides that any person aggrieved by an award of a Tribunal may prefer an appeal to the High Court subject to the provisions of sub-#HL_....
2013 0 Supreme(Mad) 3333 • India - Madras
G.M.AKBAR ALI
SIPCOT - Enforcement of Loan Recovery - Sec.29, Sec.31, Sec.32 of State Financial Corporations Act - The court analyzed the provisions ... Issues: The main issue was whether the claim of SIPCOT was barred by limitation and whether the petition filed under Sec.31 ... The main contention was whether the claim was barred by limitation. ... Court-fees Act”. ... In Paragraph-28 the Apex Court considered sub Section #HL....
2006 0 Supreme(Bom) 2098 • India - Bombay
V.R.KINGAONKAR
- payment of required court-fee - Order rejecting plaint under Order VII, Rule 11 appealable as a decree - Exercise of inherent powers ... under Section 151 of Code by trial Court cannot be stamped as arbitrary, capricious or perverse - Time to pay court-fee can be extended ... Civil Procedure Code, 1908 - Section 151, Order VII, Rule 11 - Inherent powers of Court - Invocation of - Rejection of plaint - Non ... Rajinder Prashad and others (supra) that it is ....
2018 0 Supreme(Bom) 1199 • India - Bombay
S.B.SHUKRE
Civil Procedure Code, 1908 - Section 9A - Order 37 - Arbitration and Conciliation Act, 1996 - Section 8, ... under Section 33 of Stamp Act to an officer appointed in that regard by High Court - This was in pursuance of proviso (b) to Section ... 33 of Court Fees Act - However as parties disclosed their agreement over one name of a former Honble Judge of this Court to be appointed....
2009 0 Supreme(Kar) 181 • India - Karnataka
A.N.VENUGOPALA GOWDA, P.D.DINAKARAN, S.R.BANNURMATH, V.GOPALA GOWDA, V.G.SABHAHIT, K.L.MANJUNATH, A.S.BOPANNA
petition is not appealable, is against the spirit of 44th Amendment of the Constitution. ... Court Act, which were intended for the matters not governed under Section 8 of the Karnataka High Court Act. ... Karnataka High Court Act, which were intended for the matter not governed under Section 8 of the Karnataka High Court Act. ... Act, 1958, th....
2016 0 Supreme(Cal) 946 • India - Calcutta
SOUMITRA PAL, MIR DARA SHEKO
1 or Section 104 of the Code of Civil Procedure. ... AMENDMENT OF PLAINT - MAINTAINABILITY OF APPEAL - KOLKATA MUNICIPAL CORPORATION ACT, 1980 - SECTIONS 179 TO 197 - Whether an appeal ... Hence, the order dated August 13, 2015 under challenge being an interlocutory order and not appealable, the Court held that the appeal ... either under Order 41 Rule 11 or Order 43 Rule 1 or Section 104 of the Code of Civil Procedure. ... In those cases the question, what if a ‘judg....
2013 0 Supreme(Guj) 11 • India - Gujarat
BHASKAR BHATTACHARYA, J.B.PARDIWALA
appeal against an order passed in exercise of power of superintendence under Article 227 of the Constitution which is equivalent to Section ... certiorari is not possible — The Learned Single Judge has not issued a writ in the nature of certiorari so as to make the order appealable ... If such combined application is filed, it is for the office to point out whether Court fees payable for invoking both the provisions ... Mahaboob Shahi Kulburga Mills, Gulburga and Another reported in AIR 2005 Karnataka 3....
2016 0 Supreme(P&H) 2096 • India - Punjab and Haryana
AJAY KUMAR MITTAL, RAMENDRA JAIN
Finding of the Court: The court found that an appealable order existed under Section 17 of the Act, providing an efficacious ... Final Decision: The court refrained from entertaining the petition, citing the availability of an appealable order under Section ... availability of an appealable order under Section 17 of the Act, and the existence of an efficacious remedy for the borrowers. ... Admi....
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