Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1870: s.7 – Computation of Fees Court Fees Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Court Fees Act, 1870: s.7 – Computation of Fees – Money suit – Respondent filed a suit for recovery of Rs.20 Lakhs as damages on account of denying the status of freedom fighter and affixed court fees of Rs.50 – Appellant sought rejection of plaint on the ground of non payment of requisite court fee – Trial Court directed the respondent to make good the court-fees on the amount of Rs.20 lakhs claimed as damages – However, High Court set aside the order of trial court – On appeal, held: s.7 of the Act 1870 provides for computation of fees in certain suits – s.7(i) refers to Money Suits which includes suits for damages, compensation, arrears of maintenance, annuities or other sums payable periodically where the fee payable would be according to the amount claimed – s.7(iv) which has six categories where the fees would be payable according to the amount at which the relief sought is valued in the plaint or memorandum of appeal – For s.7(iv), liberty has been given to plaintiff to value his claim for the payment of Court fee – Present case is of money suit for compensation/damages and would fall u/ s.7(i) of the Act – Valuation for the purpose of jurisdiction and relief has to be same in the money suit falling u/s.7(i) – Court fees shall be payable by the respondent on the valuation, i.e., on Rs. 20 lakhs – Hence, ad valorem Court-fees would have to be paid as per schedule 1 entry 1 – Order of the High Court set aside – Order of Trial court restored. |
Judge | Hon'ble Mr. Justice Vikram Nath |
Neutral Citation | 2022 INSC 316 |
Petitioner | State Of Punjab And Others |
Respondent | Dev Brat Sharma |
SCR | [2022] 2 S.C.R. 528 |
Judgement Date | 2022-03-16 |
Case Number | 2064 |
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