CiteTEXT
...of the Karnataka Court Fee and Suit Valuation Act. It is the plaintiffs valuation that decides the forum of the appeal. Therefore, appeal is very much maintainable in the Distric...Office has raised objection with regard to maintainability of appeal in this Court. 2. Perused the valuation slip filed by the plaintiffs in the trial Court. Suit...Court decreed the suit, defendant No.2 i.e., appellant preferred an appeal before the District Court. But, the District Court held that it had no jurisdiction because in the valuation slip, the value...
...CPC, to which compromise petition, appellants as well as respondents in this appeal were also parties. Thus, claim of appellants for refund of court fee squarely falls under clause(b) of Section 66 of the Karnataka .... Hence, registry is hereby directed to refund 75% of the court fee paid on the Appeal Memorandum by issuing cheque in favour of first appellant and said cheque shall be issued on proper identification of first appellant. ...Court fee. 3. Appeal is dismissed as withdrawn. As could be seen from the compromise entered into in RSA No.2785/2010, same was filed under Order 23 Rule 3 of...
...the Court fee.Wherefore, the appellant most respectfully pray that this Hon'ble Court be pleased to dispose of the above suit as withdrawn and order for refund of court fee...City, dismissing the suit for declaration and permanent injunction.2. Today when the matter is posted for admission, learned counsel for the appellant has filed a memo seeking permission...leave of this Hon'ble Court to withdraw the appealThe appellant had paid a court fee of Rs. 10,745-00/- on the appeal at the time of filing of the above appeal hence prays for refund of...
...noticed that only if a person is a party to a deed, Section 38 of the Karnataka Court Fee and Suit Valuation Act would be attracted. 4. A perusal of the prayer in the...view, the Trial Court was right in refusing to frame an issue regarding sufficiency of Court fee paid : 3 : especially when the plaintiff was not a party to the sale deed and he had paid Court fee...1. This writ petition is filed challenging the refusal of the trial Court to frame an issue regarding sufficiency of Court fee paid. 2. The Trial Court in the...
...against the respondents. The petitioner filed a suit on 11.07.2013 the office has raised objection in regard to payment of Court fee to be paid on the present market value of the schedule property under Section 24(a) r/w S...that the petitioner has filed a suit for the relief of declaration and consequential reliefs. The office has raised a objection in regard to payment of Court fee, that the petitioner ought to have paid the .... 2. Brief facts leading rise to filing of this petition are as under: The petitioner filed a suit in O.S.No.5030/2013 seeking for the relief of declaration and consequential reliefs...
...Taluk and District. He further submits that the plaintiffs have valued the suit property at Rs.8,00,000/- and have paid the Court fee on half of the market value i.e., Rs.4,00,000/- erroneously valuing und...have paid Court fee of Rs.25/-, which is inadequate and contrary to the provisions of the Karnataka Court Fee and Suit Valuation Act. He...committed error in rejecting the application but has also erred in opining that the Court fee paid by the plaintiffs was under Section 24 (b) of the Karnataka Court Fee and Suit ...
...The petitioner is before this Court assailing the order dated 08.09.2014 in O.S.No.166/2011 passed on I.A.No.VIII on the file of the Additional Senior Civil Judge, Hassan. 2. The petit...with regard to Court fee is to be considered along with the other issues. 3. No ground is made out to interfere with the order passed by the trial Court. Accordingly, writ petition is rejected. Sd/- JUD...AND ORS IN WRIT PETITION NO.8087 OF 2018 (GM-CPC) reported in 2018 SCC ONLINE KAR 1854, has held that the issue...
...ORDERThe Trial Court has rejected the contention of defendants that plaintiff is liable to pay Court fee in terms of Section 38 of the Karnataka Court Fee and ...Court Fee and Suit Valuation Act, 1958 relates to Court fee payable in a suit for cancellation of a decree. The same reads as under:...suit was brought not only for cancellation of General Power of Attorney but also for cancellation of sale deed and the plaintiff was required to pay the Court fee in terms of Section 38...
...paid the court fee on the amount claimed in the plaint which is insufficient. Explanation 3 to Section 49 of Karnataka Court Fee and Suit Valuation Act...and court fee was not duly paid has later dismissed the appeal. 2. After service of notice, respondent / plaintiff has entered appearance though his counsel and opposes the writ...dismissed. It is needless to mention that if and when the dispute is amicably settled before the Lok Adalath, ordinarily the parties are entitled for the refund of court fee subject to all just exceptions and this ...
...paid the court fee on the amount claimed in the plaint which is insufficient. Explanation 3 to Section 49 of Karnataka Court Fee and Suit Valuation Act...and court fee was not duly paid has later dismissed the appeal. 2. After service of notice, respondent / plaintiff has entered appearance though his counsel and opposes the writ...dismissed. It is needless to mention that if and when the dispute is amicably settled before the Lok Adalath, ordinarily the parties are entitled for the refund of court fee subject to all just exceptions and this ...
...and therefore Section 35(2) of the Karnataka Court Fee and Suit Valuation Act gets attracted. 4. The learned counsel for the respondents submit that except Ite...arise. They have to pay court fee according to Section 35(1) of the Karnataka Court Fee and Suit Valuation Act in so far as Item No.72 is concerned. 5...places cannot be construed as if they are excluded from the joint family properties. In my opinion, the approach of the trial court requiring the plaintiffs to pay court fee according to Section 35(1) of the ...
...suit is valued for the purpose of Court fee under Section 24(d) and 26(c) of the Karnataka Court Fee and Suit Valuation Act, 1958 at a sum of Rs.1,000/...appeal before this Court is not maintainable as the suit is valued for the purpose of jurisdiction at a sum not exceeding Rs.10,00,000/-.
3. A perusal of the plaint and the valuation...
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NC: 2024:KHC:16395
MFA No. 2567 of 2024
IN THE HIGH COURT OF KARNATAKA...
...Plaint. The value for the purpose of Court Fee and Jurisdiction before this Hon'ble Court is Rs. 11,00,000/- and a Court Fee of Rs. 450/- is paid on the Memorandum of Regular First Appeal.... The value for the purpose of Court Fee and Jurisdiction before the Trial Court as mentioned in valuation slip is more than Rs. 5,00,000/- and a Court Fee of Rs. 450/- had been ...ORDERThe Complainant is before this Court under Section 15(1)(b) read with Section 2(c) of the Contempt of Courts Act, 1971, praying to initiate...
...fee in view of withdrawal of the appeal.
Submission is noted. Memo placed on record. Registry concerned is directed to refund the Court fee in accordance with Karnataka Court ....
Counsel for appellants further submits that a memo for refund of Court fee is filed. Counsel therefore, submits that memo may be placed on record and office concerned may be directed to refund the ...
1
IN THE HIGH COURT OF KARNATAKA BENGALURU
DATED THIS THE 1STDAY OF AUGUST, 2022...
...affidavit.
4. The office is directed to refund the Court fee as per Section 66 of the Karnataka Court Fee and Suit Valuation Act, 1956...
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF MARCH, 2025
BEFORE..., and the appellant has agreed to vacate the suit schedule property on or before 30.09.2025, and the appellant has also filed an affidavit of undertaking to vacate the suit premises on or before...
...under Section 24(a) of the Karnataka Court Fee and Suit Valuation Act, 1958 (hereinafter referred to as 'K.S.F.S.V. Act for short).
5. The Trial ...the application filed as well as the relief sought for in the plaint, rejected the application holding that the plaintiff had properly valued the suit under Section 24(d) of the of the Karnataka Court Fee ...valuation and therefore, he had valued the suit under Section 24(d) of the of the Karnataka Court Fee and Suit Valuation Act.
7. ...
...) AND (D)
R/W SECTION 16 OF CODE OF CIVIL PROCEDURE AND SECTION
11(2) OF KARNATAKA COURT FEE AND SUIT VALUATION ACT OF
...Civil Procedure and Section 11(2) of Karnataka Court Fee and Suit Valuation Act of 1958 (for short, "Court fee Act, 1958").
....27/2020 passed by the Principal Senior Civil Judge, Karwar filed under Order VII Rule 11 (A), (B), (C), and (D) R/w Section 16 of Code of Civil Procedure and Section 11(2) of Karnataka Court Fee ...
...1. This petition is filed challenging the rejection of an application, which had been filed under Section 35(1) of the Karnataka Court Fee and Suit Valuation Act ...of Court fee under Section 35(1) of the Act was correct. In my view, this : 4 : reasoning of the Trial Court does not call for any interference and the same is dismissed subject to the above observations. ...property. It was specifically denied that the plaintiff was a joint owner of the suit property. The defendant therefore contended that the plaintiff was required to pay Court fee on the basis of the...
...that property is valued under Section 24 (d) the Karnataka Court Fee and Suit Valuation Act and in the considered opinion of the Trial Court, the market value of the pro...
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Court Fee and Suit Valuation Act and the trial Court has come to the conclusion that the ...Fee and Suit Valuation Act is proper and correct, the plaint cannot be rejected and accordingly the application has dismissed. In fact, the...
...schedule premises within one month and hence, the question of Karnataka Court Fee and Suit Valuation Act is being attracted, does not arise and that in terms of ...Karnataka Court Fee and Suit Valuation Act. He would place reliance on the provisions of Sub-Rule 2 of Rule 31 of the Karnataka Rent Act and ...relief granted under Section 27 (2) (r) of the Karnataka Rent Act and that he is not pressing the petition under Section 27 (2) (a) of the Karnataka Rent Act...