(a) If the order relates to a claim or proceeding the value of which exceeds one thousand rupees. (iv) to the Government in the exercise of a statutory right of appeal for which no court fees are levied under another decree. Application under section 26 of the Provincial Insolvency Act, 1920, [as extended and amended by the Provincial Insolvency (Extension and Amendment of Karnataka) Act 1962 (Karnataka Act 7 or 1963)] Application under section 95 of the Code of Civil Procedure 1908. (2) If the appeal is made under section 45-B of the Banking Companies Act 1949. Where there is a special right to compensation in an action referred to in one of the preceding paragraphs, a separate fee shall be levied on the amount of damages claimed at the rates laid down in Article 1 of Annex I.] Application in connection with a lawsuit under the Mysore Converts` Dissolution of Marriage Act, 1866 (Mysore Converts Act XXI of 1866); or the Dissolution of Marriages of Converts Act of 1866 (Central Act XXI of 1866); 5. The court of first instance made the order under appeal on a question referred for a preliminary ruling concerning the payment of court fees in an action for division and separation of possession brought by the appellant. The trial court specifically found that there was a fictitious division between the applicant and the defendants and that the respective names had been moved to the relevant files. In view of the above, the court decided that the applicant was required to pay court fees under section 35(1) of the Karnataka Court and Prosecution Assessment Act. In accordance with the law established by the Court in Seetharama Reddy v. Hanumantha Reddy 1975 (1) KarLJ 115, in which the Court held: „If the plaintiff brings an action for partition and possession and claims that a previous division has been falsified and has not been implemented, exemption from the declaration is not required.

The exemption for partition and possession falls under Article 35(1) and not Article 24(a). Court fees shall be calculated on the basis of the market value of the plaintiff`s share“, the Magistrate`s Court ruled that the plaintiff must pay court costs in accordance with Section 35(1) of the Karnataka Court Fees and Prosecution Assessment Act. Application under sections 391, 439 and 522 of the Companies Act 1956 in connection with the dissolution of a company. application under sections 22, 23, 24, 25 or 27 of the Special Marriage Act, 1954 (Central Act 43 of 1954) and notice of appeal under section 39 of that Act; (a) an action is dismissed as settled amicably before evidence of the merits of the action has been gathered; or an application under section 14 or section 20 of the Arbitration Act, 1940 for an order for the filing of an arbitral award or an order for the filing of an agreement and an application for enforcement of foreign arbitral awards, if submitted to the company in accordance with section 49 of the Indian Divorce Act, 1869. (d) If the fees paid at first instance are too high, the court shall transmit the reimbursement of the deductible to the party entitled to it. (iii) legal actions and other documents relating to actions brought before village courts; (b) in an action to increase or reduce maintenance by the amount whose annual obligation is to be increased or reduced; 1. A clear written statement of set-off, counterclaim or appeal to a court. If the amount or value of the subject matter of the dispute (1) In an action for partition and separate possession of a share of family property that is common or owned jointly or jointly by a plaintiff, whose ownership of such property is refused or which is excluded from possession of such property, the fees shall be calculated on the basis of the market value of the plaintiff.

(2) Actions before the tax courts in relation to a village office. An application for arrest or seizure before trial if it is made in connection with a claim or proceeding in a civil court other than the High Court or a tax court. (ii) `court` means any civil, financial or criminal court, including a court or other authority which, under special or local law, has jurisdiction over matters affecting the rights of the parties; (i) if the value of the claim or proceeding to which the appeal relates does not exceed Rs 1,000; Application or application to a court or [council, statutory authority or public official] for a copy or translation of a judgment, decree or order of that court, board of directors [legal authority] or officer or any other document second before such a court Court, council [legal authority] or office. Notice of appeal [arising from a decision or award or arbitral order], including an order ruling on a matter under Article 47 or Article 144 of the 1908 Code of Civil Procedure and not otherwise provided for at the time of filing. – Application or application to a civil court other than a competent civil court of first instance or to a small business court or to a deputy commissioner or other tax officer or public official for any claim or matter the amount or value of the object is less than fifty rupees. (3) Non-statutory actions in a tax court by amending sections 43 and 47 of the Karnataka Court Fees and Suits Valuation Act, 1958. (xii) a request from a detainee or any other person subjected to coercion or coercion by a court or its official; (i) filed, issued or registered in any court, including the High Court, or filed or filed by a court comprising the High Court or any claim or memorandum of appeal under the Parsi Marriage and Divorce Act 1936 (Central Act III of 1936) or a counterclaim under section 37 of this Act; (b) the remuneration of persons employed by the courts referred to in point (a) in the service or conduct of proceedings; Application under section 45 of the Specific Remedial Measures Act 1877. 3.

The main reasons advanced by counsel acting on behalf of the applicant are that the contested court order violates the relevant provisions of the Karnataka Court Costs and Prosecution Assessment Act. The plaintiff is required to pay court fees under section 35(2) of the Karnataka Court Fees and Prosecution Assessment Act and not section 35(1) of that Act. Moreover, it is clear from the applicant`s action that he is claiming a share of the joint family patrimony. Therefore, he is not required to pay court fees under section 35(1) of the Karnataka Court Fees and Proceedings Assessment Act.