Supreme Court of India
Suhrid Singh @ Sardool Singh v. Randhir Singh & Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
8 Supreme Court benches have cited this judgment.
What the Court ordered
We accordingly allow these appeals, set aside the orders of the trial court and the High Court directing payment of court fee on the sale consideration under the sale deeds dated 20.4.2001, 24.4.2001, 6.7.2001 and 27.9.2003 and direct the trial court to calculate the court fee in accordance with Section 7(iv)(c) read with Section 7(v) of the Act, as indicated above, with reference to the plaint averments.
Judgment, Para 8
From the headnote
Court Fees Act, 1870 - s. 7(iv)(c) and (v) - Court fee - Computation of - In suits for a declaratory decree and consequential benefits - Filing of civil suit - Prayer for declaration that sale deed not binding on co-parcenary and for joint possession and court fee paid u/s. 7(iv)(c) - Courts below holding that the prayer was to seek cancellation of sale deeds and thus, court fee to be paid on the sale consideration mentioned in sale deeds - On appeal, held: Prayer was not for cancellation of sale deed but for a declaration that sale deed not binding on co-parcenary and for joint possession - Plaintiff was non-executant of sale deed - Thus, court fee was computable u/s. 7(iv)(c) - Orders of courts below set aside.
Where later benches applied it
- 2020 Deccan Paper Mills Co. Ltd. v. Regency Mahavir Properties & Ors.
- 2020 Agra Diocesan Trust Association v. Anil David and Ors.
- 2025 Hussain Ahmed Choudhury & Ors. v. Habibur Rahman (dead) through Lrs & Ors.
- 2026 Neelam Sharma v. Amita Passan
- 2023 H. Vasanthi v. A. Santha (dead) through Lrs. and Ors.
- 2023 B.P. Naagar v. Raj Pal Sharma
- 2019 M. Srikanth v. State of Telangana and Anr.
- 2017 J. Vasanthi & Ors. v. N. Raman! Kanthammal (d) Rep. by Lrs. & Ors.
Of those, 2 relied on · 1 distinguished · 1 referred to · 4 mentioned
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