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Supreme Court of India 2022-03-16 allowed

State of Punjab and Others vs Dev Brat Sharma

Bench: 2 — Vikram Nath

In Brief

The State of Punjab challenged a High Court order that allowed a freedom fighter's damages suit to proceed with minimal court fees (₹50) on the basis of a promise to pay the balance later. The Supreme Court held that money suits for damages require full ad valorem court fees to be paid on the amount claimed under Section 7(i) of the Court Fees Act, 1870. The special permission to value relief differently applies only to six enumerated categories of suits (such as partition and accounts) under Section 7(iv), which are inherently difficult to value. Damage suits are straightforward money claims and fall under Section 7(i), requiring full ad valorem fees upfront. The Court reversed the High Court, restored the trial court's order, and directed the plaintiff to pay court fees on ₹20 lakhs within four weeks.

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Court Fees Civil Procedure Jurisdiction and Valuation Damages and Compensation Statutory Interpretation

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