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Limitation

AJAY DABRA versus PYARE RAM & ORS.

The High Court was correct to dismiss the condonation application under Section 5 because the appellant's explanation (insufficient funds to pay court fee) was not a sufficient ground given that Section 149 CPC permitted filing a deficient appeal and curing the defect later; further, on merits the assignment and claim for specific performance were unsustainable because the purchaser (a non-agriculturist company) had not obtained the permission under Section 118 of the Himachal Pradesh Tenancy and Land Reforms Act, 1972 and the assignment lacked necessary consent, so specific performance could…

Source excerpt

  • Condonation of delay
  • Section 5 limitation act, 1963
  • Court fees
  • Section 149 cpc
  • Section 118 himachal pradesh tenancy and land reforms act, 1972
  • Specific performance
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Constitutional law

REEPAK KANSAL versus SECRETARY GENERAL, & ORS.

The petition was not maintainable and was dismissed because the petitioner filed in undue haste, failed to implead the Supreme Court properly through the Secretary-General, and the alleged discriminatory conduct by the Registry was not established: the Registry had acted reasonably in processing and listing matters during the COVID-19 pandemic and the petitioner’s own defective filings and delays accounted for the issues complained of.

Source excerpt

  • Article 32
  • Court registry procedures
  • Listing of matters
  • Advocate professional conduct
  • Court fees
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Land acquisition

SHRI BADRU (SINCE DECEASED) THROUGH L.R.HARI RAM ETC. versus NTPC LIMITED (FORMERLY NATIONAL THERMAL POWER CORPORATION LIMITED) & ORS.

The High Court was obliged to independently decide the landowners' cross objection for enhancement of compensation on its merits, with reasons, even though the main appeals by State/NTPC were dismissed; failure to do so renders the dismissal unsustainable and necessitates remand.

Source excerpt

  • Compensation for land acquisition
  • Cross-objection in appeal
  • Court fees
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Taxation

CARDAMOM MARKETING CORPORATION AND ANR. versus STATE OF KERALA & ORS.

The impugned notification levying additional court fee under Section 76 is intra vires, as the levy serves the purpose of providing efficient legal services and social security measures for advocates, which constitute a direct quid pro quo to litigants and the public who seek justice. The levy is not a tax but a legitimate fee linked to statutory objectives.

Source excerpt

  • Vires of notification
  • Nature of levy (fee vs tax)
  • Court fees
  • Legal benefit fund
  • Social security for advocates
  • Efficient legal service
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Civil procedure

POLAMRASETTI MANIKYAM & ANR. versus TEEGALA VENKATA RAMAYYA & ANR.

Section 37 of the Andhra Pradesh Court Fees and Suits Valuation Act, 1956 requires that court fee in suits for cancellation of sale deeds be calculated on the value of the property for which the document was executed, as stated in the document, not on its market value.

Source excerpt

  • Court fees
  • Valuation of suits
  • Cancellation of sale deeds
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Civil procedure

SHAILENDRA BHARDWAJ & OTHERS versus CHANDRA PAL & ANOTHER

The suit, filed after the death of the testator, sought cancellation and declaration of nullity of a will and sale deed. Section 7(iv-A) of the U.P. Amendment Act, which specifically provides for computation of court fee according to the value of the subject matter in cases involving cancellation of instruments, applies. Article 17(iii) of Schedule II does not apply because the U.P. Amendment Act 'otherwise provides' for the court fee, irrespective of whether consequential relief is sought.

Source excerpt

  • Court fees
  • Declaration suits
  • Cancellation of instruments
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Land acquisition

GIRIMALLAPPA versus THE SPECIAL LAND ACQUISITION OFFICER M & MIP & ANR

Petitioner did not belong to the class protected by Section 28-A, and made no specific demand for enhancement before the High Court. Mere reference to higher award for similar land without demonstrating similarity is insufficient. High Court did not prefer technicalities over justice; petitioner’s claim stood satisfied. SLP lacked merit and was dismissed.

Source excerpt

  • Re-determination of compensation
  • Section 28-a
  • Delay/laches
  • Court fees
  • Enhancement of compensation
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Civil procedure

A. NAWAB JOHN & ORS. versus V.N. SUBRAMANIYAM

Section 149 CPC does not confer an absolute right on a plaintiff to pay court fee whenever they please, but only enables exercise of Court's discretion to permit later payment of deficit court fee, conditional on the plaintiff providing a legally acceptable explanation for the delay; in this case, trial court did not exercise such discretion properly, and High Court rightly set aside orders condoning large delay in making up court fee deficiency.

Source excerpt

  • Court fees
  • Specific performance
  • Limitation
  • Pendente lite purchaser impleadment
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Civil procedure

SANJEEV KUMAR JAIN versus RAGHUBIR SARAN CHARITABLE TRUST & ORS.

High Court could not award to respondents costs exceeding the scale prescribed in the Schedule to the Rules, as doing so is contrary to both the Rules and Section 35 of CPC which makes award of costs subject to limitations and conditions prescribed by law. Therefore, the High Court's award of actual litigation expenses as costs in appeal was unwarranted and contrary to law; only costs as per Rules plus Rs. 3000 as exemplary costs could be awarded.

Source excerpt

  • Costs
  • Court fees
  • Interim orders
  • Arbitrator appointment
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India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.