Apex Law Journal
Apex Law Journal
An online law journal reporting latest and important judgments of Hon'ble Supreme Court of India.                                                                                                                         Click here to get free legal updates via email                                                                                                                          Click here to download forms (Address Form, List Of Documents and Memorandum Of Appearance)
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Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Court Fees Act, 1870

Wednesday, October 31, 2012
Court Fees Act, 1870

Court Fees Act, 1870 — Section 12 — Court Fee — The question of court fee is a matter between the plaintiff and the Court — The Court Fees Act was passed not to arm a litigant with a weapon of technicality against his opponent, and from that view it follows, that although in actual practice a defendant is permitted to object that the proper Court fee has not been paid, he has, strictly speaking, no legal right to raise such a plea, but his function must be deemed to be, subject to the court’s leave, merely to assist in it coming to a proper decision.

Monday, April 19, 2010
Court Fees Act, 1870

Court Fees Act, 1870 — Section 7(iv)(c) — Entry 17(iii) of Second Schedule — If a non-executant of the deed, is in possession and sues for a declaration that the deed is null or void and does not bind him or his share, he has to merely pay a fixed court fee of Rs. 19.50 under Article 17(iii) of Second Schedule of the Act — But if a non-executant, is not in possession, and he seeks not only a declaration that the sale deed is invalid, but also the consequential relief of possession, he has to pay an ad-valorem court fee as provided under Section 7(iv)(c) of the Act.

Court Fees Act, 1870

Court Fees Act, 1870 — Section 7(iv)(c) — Entry 17(iii) of Second Schedule — What is the court fee payable in regard to the prayer for a declaration that the sale deeds were void and not ‘binding on the co-parcenary’, and for the consequential relief of joint possession and injunction? — Held, in this case, there is no prayer for cancellation of the sale deeds — The prayer is for a declaration that the deeds do not bind the “co-parcenery” and for joint possession — The plaintiff in the suit was not the executant of the sale deeds — Therefore, the court fee was computable under section 7(iv)(c) of the Act — The trial court and the High Court were therefore not justified in holding that the effect of the prayer was to seek cancellation of the sale deeds or that therefore court fee had to be paid on the sale consideration mentioned in the sale deeds — Appeal allowed — Orders of the trial court and the High Court directing payment of court fee on the sale consideration under the sale deeds set aside — Trial Court directed to calculate the court fee in accordance with Section 7(iv)(c) read with Section 7(v) of the Act.

Monday, October 12, 2009
Court Fees Act, 1870

Court Fees Act, 1870 — Section 7(v) — Decree for recovery of possession — Court fees — For obtaining a decree for recovery of possession, court fees are required to be paid in terms of Section 7(v) of the Court Fees’ Act, 1870 i.e., according to the value of the subject matter of the suit.   

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