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Power Grid Corporation Of India Ltd vs Gurbachan Singh And Others on 13 September, 2017

25. The similar controversy was before Hon'ble Apex Court in the case of Indore Development Authority v. Tarak Singh and Others in Civil Appeal Nos. 5645-46 of 1995, the Apex Court considering the provision of Section 8 of Madhya Pradesh Court Fees Act are similar to the Court Fees Act is applicable in the State of Uttarakhand. The Hon'ble Apex Court in paragraph has held that the final adjudication has been made by the reference court. Therefore, it becomes decree in view of the Section 2 (2) of CPC and in case the appellant wish to avoid the decree by challenging in appeal, the appellant has to pay the ad valorem court fee.
Uttarakhand High Court Cites 22 - Cited by 1 - L P Singh - Full Document

Prayag Chand vs Land Acquisition Officer And Anr. on 9 December, 2004

31. The last nail in coffin has been sealed by the later decision of the Hon'ble Supreme Court in Indore Development Authority v. Tarak Singh and Ors., (AIR 1995 SC 1828) related to the question of ad valorem court fee on an appeal filed Under Section 54 of the Land Acquisition Act, 1894 in an appeal from the Madhya Pradesh High Court regarding the aforesaid question and reliance has been placed on a decision of the Supreme Court in C.G. Ghanshamdas's case (supra), the Court said thus:-
Rajasthan High Court - Jaipur Cites 39 - Cited by 0 - D Maheshwari - Full Document

Nathuni Mistry vs The State Of Bihar (Now Jharkhand) And ... on 24 January, 2007

In the case of Indore Development Authority, v. Tarak Singh and Ors. , similar question arose as to the amount of court-fee payable in an appeal under Section 54 of the Land Acquisition Act. In the case before the Supreme Court, appeal was filed by the Indore Development Authority aggrieved by the award of higher amount of compensation determined by the Reference Court. It was argued that the appellant is not the claimant and it seeks to avoid the decree which is made by the appellate Court, hence fixed court-fee is payable. Their Lordships of the Supreme Court held that even if in an appeal the appellant seeks to avoid the amount of the higher compensation, ad valorem court-fee is payable. Their Lordships observed:
Jharkhand High Court Cites 23 - Cited by 0 - M Y Eqbal - Full Document
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