Court Fees Act 1870: Ad Valorem Court-Fees Is Payable on Amount Claimed In a Money Suit for Compensation and Damages
Case: State of Punjab vs Dev Brat Sharma
Coram: Justices Dinesh Maheshwari and Vikram Nath
Case No.: CA 2064 OF 2022
Court Observation: Therefore, there would be no question at all for the applicability of Section 7(iv) of the Act. It would be a simple case of applicability of Section 7(i) of the Act and ad valorem Court-fees would have to be paid as per Schedule 1 entry 1…It is only with respect to the category of suits specified in clause (iv) of Section 7 of the Act that the plaintiff has the liberty of stating in the plaint the amount at which relief is valued and Court-fees would be payable on the said amount. Liberty given under clause (iv) to the specific suits of six categories is not available to the suits falling under any other clause, be it (i), (ii), (iii) etc. Once the suit in question was a money suit for compensation and damages falling under clause (i) of Section 7 of the Act, ad valorem Court-fees would be payable on the amount claimed.
“Neither in the case of M/s Commercial Aviation (supra) nor in the case of Chettiar (supra), this Court ever laid down that for the purposes of suits covered by clauses other than Section 7(iv), there could be separate valuation for the purposes of court fees and jurisdiction. On a completely erroneous approach, an erroneous interpretation of the judgments in the case of M/s. Commercial Aviation (supra) and Chettiar (supra), several orders were passed by the Punjab & Haryana High Court, which have been relied upon in the impugned judgment”
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Keywords
Court Fees Act 1870, Court-Fees
