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march 1970

Supreme Court of India · 1970-03-30

SAHADU GANGARAM BHAGADE vs SPL. DEPUTY COLLECTOR, AHMADNAGAR AND ANOTHER

Citation / case number
SC 1969/60122
Court
Supreme Court of India
Petitioner
SAHADU GANGARAM BHAGADE
Respondent
SPL. DEPUTY COLLECTOR, AHMADNAGAR AND ANOTHER
Bench
HEGDE, K.S.

Judgment text excerpt

The Supreme Court addressed the applicability of court-fee provisions under the Bombay Court-Fee Act, 1959, in relation to cross-objections filed against an arbitrator's award under Section 8 of the Requisitioning and Acquisition of Immovable Property Act, 1952. The Court held that the award constituted an 'order' despite not being defined as such in the Civil Procedure Code, and clarified that Section 7(1) of the Bombay Court-Fee Act applies to appeals under the Act, necessitating ad valorem court-fee for cross-objections. The decision of the High Court was upheld, confirming the requirement for ad valorem fees rather than fixed fees for cross-objections.

SAHADU GANGARAM BHAGADE vs SPL. DEPUTY COLLECTOR, AHMADNAGAR AND ANOTHER · Niyam