Maharashtra Court Fees Act, 1959—S.43—Civil Procedure Code, 1908 (CPC)—S.89—Rights for refund of Court Fees, upon compromise—Appeal by litigants, whose Application had been dismissed by High Court—The effect of the above being that for the time when the amendment to the MCFA, 1959 granting partial or complete refund, as the case may be, in accordance with Section 43 as amended, the persons whose matters were settled by way of ADR would not be entitled to 100% refund. Any matter settled under the processes mentioned in Section 89 CPC after the coming into force of the above-extracted amendment, such parties shall receive refund of court fees in its entirety. (Para 23) Constitution of India, Article 142—Jurisdiction to do complete justice—When exercised to do complete justice—The tota...

(A) Court Fees Act, 1870 Section 7, 12—Specified value—Suits Valuation—Appeal against an order that vacated an ex parte injunction granted in favor of the plaintiff/appellant. The issue revolves around the valuation of intellectual property rights (IPR) suits below Rs. 3 lakhs, which affects their jurisdiction and application of the Commercial Courts Act (CCA). The Court discussed a previous case, Vishal Pipes, where the Single Judge imposed specific procedures for IPR suits, including a minimum valuation of Rs. 3 lakhs. The amicus curiae argued for a distinction between the "specified value" under CCA and the value of reliefs claimed in the Court Fees Act, emphasizing the plaintiff's discretion to value their relief. The appellant challenged the injunction's vacation and the need for strict valuat...

Court Fees Act, 1870—Section 16 — Civil Procedure Code, 1908 (CPC)—Order 23 Rule 3, Section 89, Section 89(1)(c) — Constitution of India, 1950—Article 227      ...

Protection of Children From Sexual Offences Act, 2012—Section 5, Section 6 — Penal Code, 1860 (IPC)—Section 120B, Section 363, Section 366, Section 368, Section 376(2)(N)  ...

Penal Code, 1860 (IPC)—Section 120(b), Section 143, Section 147, Section 149, Section 295(a), Section 307, Section 323, Section 325, Section 332, Section 337, Section 34, Section 427, Section 504, Section 506(2) — Constitution of India, 1950—Article 22    ...

Income Tax Act, 1961—Section 260A—Kerala Court Fees and Suits Valuation Act, 1959—Section 52A—Amended the court fee provisions in 2003, and a question arose regarding the retroactive application of these changes—High Court held that the amended provisions applied to appeals filed on or after October 26, 2002—However, the Supreme Court disagreed, stating that the court fee provisions depend on the date of assessment or the date the disputed demand was negated by the appellate authority—Appeals were allowed accordingly. ...

Civil Procedure Code, 1908—Section 104—Court Fees Act, 1870 - Section 6A, Section 7(iv)(a), Schedule 2, Article 17(iii)—Suit for declaration—Sale deed—The plaintiff filed an Original Suit seeking to declare a sale deed null and void without consequential relief, valuing the suit at Rs. 10 lakhs and paying court fees of Rs. 200—The defendants argued that proper court fees weren't paid as per Section 7(iv-A) of the Court Fees Act, which applies to suits involving cancellation of instruments with market value—The plaintiff contended that court fees under Article 17(iii) of Schedule II sufficed—The Court held that Section 7(iv-A) applied, requiring ad-valorem court fees based on the property's market value—The Full Bench judgment of Smt. Bibbi and Another v. Shugan Chand and Others...