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Legislation

Court Fees Act, 1870

28 Supreme Court judgments cite this Act.

AJAY DABRAversusPYARE RAM & ORS.

2023 INSC 9031 January 2023Dismissed

Ajay Dabra filed suits for specific performance of two agreements for the sale of agricultural land in Himachal Pradesh, where the original seller had contracted with Himalayan Ski Village Pvt. Ltd., a non‑agriculturist. The sale was conditional on obtaining permission under Section 118 of the Himachal Pradesh Tenancy

SUHRID SINGH @ SARDOOL SINGHversusRANDHIR SINGH & ORS.

2010 INSC 18029 March 2010Appeal(s) allowed

Suhrid Singh filed a suit seeking a declaration that certain sale deeds were void as they did not bind the co‑parcenary, along with joint possession and injunction relief. The trial court held that the suit sought cancellation of the deeds and required ad‑valorem court fee based on the sale consideration, a view affirm

RAM NARAIN PRASAD AND ANR.versusATUL CHANDER MITRA AND ORS.

1994 INSC 12829 March 1994Appeal(s) allowed

The appellants filed an eviction suit against the first respondent, claiming they were landlords and the respondent was a tenant in arrears of rent, and valued the suit on the basis of twelve months' rent. The respondent denied any landlord‑tenant relationship and argued that the suit required adjudication of title, th

K.N. GOVINDAN KUTTY MENONversusC.D. SHAJI

2011 INSC 82428 November 2011Appeal(s) allowed

The appellant filed a criminal complaint under Section 138 of the Negotiable Instruments Act, which the magistrate referred to a Lok Adalat for settlement. The parties reached a compromise and the Lok Adalat passed an award, but the respondent failed to honour the payment schedule, leading the appellant to file an exec

FORASOLversusOIL & NATURAL GAS COMMISSION (AND VICE VERSA)

1983 INSC 16225 October 1983Disposed off

Forasol, a French company, entered into a drilling contract with ONGC that required most payments in French Francs and 20% in Indian rupees at a fixed rate. After the rupee was devalued, Forasol claimed a higher conversion rate, which the arbitrator awarded without specifying a rate for the Franc portion. The Delhi Hig

SURENDER SINGHversusSTATE OF HARYANA & ORS.

2018 INSC 6525 January 2018Matter referred to larger bench

The State of Haryana acquired about 520 acres of land spread across 15 villages for an expressway under the Land Acquisition Act, 1894. The Land Acquisition Officer fixed a uniform compensation rate of Rs.12,50,000 per acre, which was later enhanced by the Reference Court to Rs.43,17,841 per acre. Both the landowners a

P.K. PALANISAMYversusN. ARUMUGHAM & ANR.

2009 INSC 94323 July 2009Appeal(s) allowed

The appellant filed a suit for recovery of money in 1998 with a deficit court fee, seeking extensions under Sections 148, 151 and later Section 149 of the CPC because stamp fee papers were unavailable. The deficit fee was eventually paid and the court condoned a 272‑day delay in presenting the plaint. The respondents,

KAMALESHWAR KISHORE SINGHversusPARAS NATH SINGH AND ORS.

2001 INSC 57922 November 2001Appeal(s) allowed

Kamaleshwar Kishore Singh filed a partition suit valued at Rs 16 lakhs and paid a fixed court fee of Rs 29.25, assuming it was a simple partition case. Defendant No. 20 objected, leading the trial court to order payment of ad‑valorem court fee on 10% of the sale‑deed value of certain properties. The defendant later cla

SHAILENDRA BHARDWAJ & OTHERSversusCHANDRA PAL & ANOTHER

2012 INSC 52721 November 2012Dismissed

The appellant filed a civil suit after the testator's death seeking a declaration that a will dated 21‑03‑2003 and a sale deed dated 12‑01‑2005 were forged and should be declared null and void, along with their cancellation. The suit property was valued at Rs 30,00,000, but the plaintiff paid a fixed court fee of Rs 20

SANJEEVKUMAR HARAKCHAND KANKARIYAversusUNION OF INDIA & ORS.

[2024] 12 S.C.R. 86619 December 2024Dismissed

The appellant filed a civil suit for specific performance which was referred to mediation under Section 89 of the CPC and settled amicably; he sought a full refund of the court fees paid, but the trial court allowed only a 50% refund. He challenged this in a writ petition, arguing that Section 16 of the Court Fees Act,

HAKIM ALI AND ANR.versusBOARD OF REVENUE U.P. AND ORS.

1990 INSC 39119 December 1990Dismissed

Badlu, the father of Hakim Ali, filed a suit under Section 229‑B of the U.P. Zamindari Abolition and Land Reforms Act, 1950 seeking a declaration of bhumidari rights. The suit was dismissed, but the Additional Commissioner reversed the decision, leading the respondent to file a second appeal before the Board of Revenue

CANARA BANKversusG S JAYARAMA

2022 INSC 59719 May 2022Disposed off

The appeal concerned an award of a Permanent Lok Adalat (PLA) that had granted Canara Bank repayment of a loan from G S Jayarama without any recorded conciliation. The High Court had set aside the award, holding that the PLA lacked adjudicatory power and had bypassed mandatory conciliation steps. The Supreme Court exam

K. SRINIVASAPPA & ORS.versusM. MALLAMMA & ORS.

2022 INSC 58718 May 2022Appeal(s) allowed

The parties to a partition suit entered into a compromise that was recorded by a Lok Adalat on 7 July 2012, which under Section 21 of the Legal Services Authorities Act, 1987 is deemed a decree of a civil court. Plaintiffs 4‑6 later alleged that their signatures were obtained by fraud and filed writ petitions seeking t

BLACK PEARL HOTELS (PVT) LTD.versusM/S PLANET M RETAIL LTD.

2017 INSC 126617 February 2017Appeal(s) allowed

Black Pearl Hotels (Pvt) Ltd. entered into a "conducting agreement" with M/s Planet M Retail Ltd. and later sought arbitration under the Arbitration and Conciliation Act, 1996. The High Court Judge, invoking s.33(2)(b) of the Karnataka Stamp Act, 1957, referred the matter to the Registrar to determine whether the instr

BHARAT BHUSHAN GUPTAversusPRATAP NARAIN VERMA & ANR

2022 INSC 64916 June 2022Appeal(s) allowed

The plaintiff filed a suit for mandatory and prohibitory injunction, together with damages, to evict licensees from his plot. The defendant challenged the suit's pecuniary jurisdiction, arguing that the valuation should be based on the market value of the property (Rs. 1.8 crore) rather than the nominal amounts claimed

STATE OF PUNJAB AND OTHERSversusDEV BRAT SHARMA

2022 INSC 31616 March 2022Appeal(s) allowed

The plaintiff, a former freedom fighter, sued the State of Punjab and its officers for Rs.20 lakhs in damages for denial of his freedom‑fighter status. He affixed only Rs.50 as court‑fees, relying on a Punjab & Haryana High Court decision that allowed tentative valuation for fee payment. The trial court ordered him to

COMMERCIAL AVIATION & TRAVEL COMPANY & ORS.versusVIMAL PANNALAL

1988 INSC 17313 July 1988Dismissed

The plaintiff, Mrs. Vimal Duti, filed a suit for dissolution of partnership and for accounts, valuing the suit at Rs.25 lakhs for jurisdiction and Rs.500 for court fee. The defendants contended that the valuation for court fee was grossly undervalued and sought dismissal of the plaint under Order VII, Rule 11(b) of the

SARDAR TAJENDER SINGH GHAMBHIR AND ANOTHERversusSARDAR GURPREET SINGH & OTHERS

2014 INSC 62712 September 2014Appeal(s) allowed

The plaintiffs filed a suit for declaration and injunction and later amended the plaint, increasing the valuation and creating a deficiency in court fee. The trial court did not order a time limit for payment of the deficit fee. The defendants appealed; the first appellate court observed the lack of a time order and al

C.G. GHANSHAMDAS & ORS.versusCOLLECTOR OF MADRAS

1986 INSC 18912 September 1986Dismissed

The appellants owned property that had been requisitioned by the Government under the Requisitioning and Acquisition of Immovable Property Act, 1952, and a compensation award of Rs.21,000 per month was fixed by an arbitrator, which the appellants contested. They appealed to the Madras High Court under section 11 of the

ABDUL HAMID SHAMSIversusABDUL MAJID AND OTHERS

1988 INSC 10412 April 1988Appeal(s) allowed

The plaintiff, a former partner, sued his brothers for dissolution of a partnership and for accounts, alleging they had excluded him and falsified a partnership deed. He valued the suit at a nominal Rs.150 (Rs.50 each for declaration, accounts, and profit) and paid the corresponding court fee. The defendants contended

CENTRAL BANK OF INDIA & ANR.versusSMT. PRABHA JAIN & ORS.

2025 INSC 958 January 2025Disposed off

The plaintiff, Smt. Prabha Jain, inherited a one‑third share of a plot that was illegally partitioned and sold by her brother-in‑law; the buyer later mortgaged the plot to Central Bank of India, which took possession under the SARFAESI Act. Jain filed a civil suit seeking declaration that the sale deed and mortgage dee

SATHEEDEVIversusPRASANNA AND ANR.

2010 INSC 2997 May 2010Appeal(s) allowed

Satheedevi owned a 9.98‑acre rubber plantation and had executed a power of attorney in favour of her daughter, who later sold the land to her husband by a registered sale deed. Satheedevi filed a suit for cancellation of that sale deed, stating the property value as Rs 7 lakhs and paying court fees accordingly. The tri

STATE OF UTTAR PRADESHversusPT. CHANDRA BHUSHAN MISRA

1979 INSC 2306 November 1979Dismissed

The State of Uttar Pradesh appealed a decision of the Allahabad High Court which had ordered a refund of court fees under Section 13 of the Court Fees Act, 1870 after a case was remanded to the lower court under Order XI Rule 23 of the Code of Civil Procedure, 1908 as amended by the High Court. The central question was

BISWANATH AGARWALLAversusSABITRI BERA & ORS.

2009 INSC 10124 August 2009Appeal(s) allowed

The respondents filed a title suit for eviction of the appellant, claiming ownership and landlord status over a shop in Purulia. The appellant denied being a tenant, asserting that he entered possession under a sale agreement and later pleaded adverse possession, claiming over twelve years of possession. The trial cour

A. NAWAB JOHN & ORS.versusV.N. SUBRAMANIYAM

2012 INSC 2633 July 2012Dismissed

The appellants filed a suit for specific performance but initially paid only a deficient court fee. After multiple representations and condonation of delay, the trial court allowed the deficit fee to be paid well beyond the limitation period. The second defendant, a pendente‑lite purchaser, was impleaded and challenged

NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY (NOIDA)versusYUNUS & ORS.

2022 INSC 1423 February 2022Appeal(s) allowed

The dispute arose from a land acquisition notification where the original compensation award was Rs.24,033 per bigha. The respondents did not file an application under Section 18 of the Land Acquisition Act, but later a reference was made and a Lok Adalat, under Section 20 of the Legal Services Authorities Act, 1987, p

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