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Supreme Court of India 2022-03-16 allowed

STATE OF PUNJAB AND OTHERS vs DEV BRAT SHARMA

Bench: 2 — Dinesh Maheshwari, Vikram Nath

In Brief

A freedom fighter sued the State of Punjab for Rs. 20 Lakhs damages after being denied his freedom fighter certificate. He paid only nominal court fees (Rs. 50), claiming the exact damages could only be assessed during trial. The Trial Court ordered him to pay full ad valorem court fees on Rs. 20 Lakhs. The High Court allowed his revision and permitted deferred payment. The Supreme Court reversed this, holding that suits for damages are money suits attracting ad valorem court fees under the Court Fees Act, 1870. Fees must be paid upfront on the claimed amount—the exemption for tentative valuation applies only to specialized suits (like partition or accounts) where amounts are inherently difficult to assess. The Court restored the Trial Court's order.

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Civil Procedure Court Fees Money Suits Damages

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