Indian Soldier/Family Court Fee

..... Indian Soldier/Family - Court Fee

- Basically every party/person is required to pay court fee in civil suit.

                               

- But the state government may from time to time by notification in the official gazette reduce or remite the court fee.

- The Government of Maharashtra by notification remits in the whole of the State of Maharashtra the fees payable as per Schedule I & II annexed to Maharashtra Court Fees Act 1959 by a retired honourably discharged Indiana Soldier or a member of his family. (G. N. R. & F. D., NO. CTF. 1072/17365-N, DATED 11 NOVEMBER 1974)(M. G., PT. IV-B,P. 228).

- Indian Soldier means any person subject to the Army Act 1950 or Air Force Act 1960 or Navy Act 1957 who domiciled in the State of Maharashtra.

- Member of a Family means a wife, child, father, mother, minor brother or unmarried or widowed sister, wholly dependant on an Indian Soldier.

== Relevant Provision ===

- Section 46 of Maharashtra Court Fees Act 1959.

- Notification under above section.

- Schedule I & II annexed to above Act.

=== Relevant Judgement =

- Padmanabh A. Panditrao LT Col (Retd) v/s A Panditrao 2013(3)M. L. J. 468.

- Indian Soldier and Business v/s Shrikrishna Ananta - Writ Petition 206/2013 decided on 08-02-2013 - Bench R. M. Sawant Bombay H. C.

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REFUND OF COURT-FEE

..... Refund of Court- Fee.....

                               

- When any suit/appeal /cross-objection in a Court is settled by agreement of parties before any evidence the amount of court fee paid by plaintiff/appellant/respondant on suit/appeal/cross objection as the case may be shall repaid to him by the court as per notification of Government.

- Basically maximum 3/4 amount of court fee be repaid as per notification of Government.

- But where the court refers the parties to the suit to any mode of settlement of dispute referred to in section 89 of C. P. C. the plaintiff shall be entitled to certificate from the court authorising him to receive back from the collector the Full Amount of the Fee paid in respect of such plaint.

- Please carefully peruse section 89 of C. P. C. for refund of Court Fee.

== Relevant Provisions ===

- Section 43 of Maharashtra Court Fees Act 1959.

- Notification of Government issued u/s 43(2) of above Act.

- Section 89 of C. P. C.

- Chapter VI(6) of C. P. C. (Amendment) 1999 i. e. Amendment Of The Court Fees Act 1870.

- Section 21 of The Legal Services Authorities Act 1987.

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Limitation Issue - Absence of Pleading

- Absence of Pleading of Limitation...... Effect....!

                                  

                               

- Limitation of suits , appeals and applications are provided in The Limitation Act 1963.

- Basically every suit instituted , appeal preferred , and application be made within prescribed period.

- If any suit , appeal , application is filed after prescribed period shall be dismissed ALTHOUGH LIMITATION has not been set up as a DEFENCE .

- Question of Limitation involves a question of very root of the court's jurisdiction of the court .

 

- Point of limitation though not raised before lower court it can raised in appeal or EVEN in Court of Last RESORT.

- Question of limitation is a mandate for Court , Forum irrespective of fact whether it is raised or not as defence in Pleading.

= = Relevant Provision = =

- Section 3 to 24 of The Limitation Act 1963 .

= Relevant Judgement = = =

- Kamlesh Babu & Ors v/s Lajpat Rai Sharma & Ors A.I.R.2008 S.C.(Supp) 1931 = 2008 SAR 542.

- Foreshore Co-operative Housing Society Ltd v/s Praveen D. Desai (D) through LRS and others A.I.R.2015 S.C.2006 = 2015 SAR 789.

- State of Gujarat v/s Kothari and Associates 2016 All.SCR 857 .

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Co Defendant - Cross - Examination Order

Co - defendant & Cross - Cross - Examination.....!

                             

- Basically defendant who support the plaintiff is not entitled to cross examination of the plaintiff unless he shows that evidence of plaintiff would adversely affect his interest.

- If co defendant is permitted to take cross examination of plaintiff then he shall be called upon  to cross examination before cross - examination by Defendant contesting the suit.

= Relevant Provision =

- Section 137/138 of Indian Evidence Act.

- Order 18 of C. P. C.

== Relevant Judgement ==

- Mandabai R. Tumsare v/s Ramlal H. Hiwarkar 1986 M. L. J. 643.

- Vinod K. Lodaya v/s Muljibhai Patel 2013(5) M. L. J. 371=2013(6) All. M. R. 732.

- Pritabai S. Shetgaonkar v/s Ramachandra N. Saradesai 2014(7) All. M. R. 761.

- Syhesta Olievera @ Bhat v/s Dilip Shetye 2016(2) All. M. R. 710

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