court fees. It would be incongruous to hold
that while for the purpose of payment of
court fees the deemed fiction provided in the
Court ... subject-matter, and the calculation of Court fees.
According to Section 26(c), the Court fee shall be
based on the relief sought
court fee being demanded.
According to Ms. Sukumar, such a direction cannot, in any case, be
prescribed as an inviolate rule divorced from the court ... Section 2(1)(c)(xvi)
of the Act.
9. The Karnataka Court Fees and Suits Valuation Act
deals with the calculation of Court Fees. Section
such possession. Before the
plaintiffs could be called upon to pay
Court-fee under Section 37(1) of the Act
on the ground that they ... 2642/2008 Page 10 of 16
Section 35(2) of Karnataka Court-fees and Suit Valuation
Act, 1958. The plaintiffs had also alleged
court fee prescription does not lead to
profiteering which is constitutionally impermissible.
70. As per the counter affidavit, it is further stated that court fee ... payments of court fees is a lot more
than the court fees actually collected against them.‖
(iv) ―The States of Maharashtra, Gujarat,
Karnataka and Rajasthan
fee structure. Section 17(3) of the DSE Act
conferred autonomy on every unaided recognized private school to
fix and levy fees, without any prior ... Court in T. M. A. Pai
Foundation v. State of Karnataka , (2002) 8 SCC 481.
(ii) In Delhi Abhibhavak Mahasangh-II (supra), this Court
held
settle their dispute before
the Court itself, they should not be denied of refund of
Full Court Fees on the ground that they have ... entitled for refund of Full
Court Fees."
5. This view has been upheld by the Karnataka High Court, in
Kamalamma v. Honnali Taluk Agricultural
Agarwal also drew this Court's attention to Orissa High Court's
judgment in Niranjan Mishra & Ors. Vs. Union of India ... Vidyalaya Vikas Nidhi fee has been
quashed as illegal and unconstitutional. Lastly, Mr. Agarwal relied upon the
Karnataka High Court's judgement
separate Court fee viz what stood affixed as court fee, further held by the relying on the judgment of this Court in Phipson ... court fee, still one the case stood finally disposed of, this Court had no power to call for the alleged deficiency of Court fee
Asstt. Cit vs Hewlett Packard Ltd. on 14 August, 2001
Equivalent citations: (2002)75TTJ(DEL
Court Fees Act requiring the payment of Court-fee on the
basis of what is finally decreed by the Court."
....................... ..............................
30. This Court ... payment of separate Court-fee viz. what stood affixed as court-fee, further held by
relying on the judgment of this Court in Phipson