Union of India Vs Virsa Singh

High Court Of Punjab And Haryana At Chandigarh 5 Jan 1979 Civil Miscellaneous 3624/CII/78 and Civil Miscellaneous 3604/CII of 1978 in EX-Objection No. 35/CII/78 in F.A.O. No. 242 of 1978 (1979) 01 P&H CK 0002
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Civil Miscellaneous 3624/CII/78 and Civil Miscellaneous 3604/CII of 1978 in EX-Objection No. 35/CII/78 in F.A.O. No. 242 of 1978

Hon'ble Bench

S.P. Goyal, J

Advocates

S.S. Shergili, for the Appellant; Suresh Amba, for the Respondent

Final Decision

Dismissed

Acts Referred
  • Requisitioning and Acquisition of Immovable Property Act, 1952 - Section 11

Judgement Text

Translate:

@JUDGMENTTAG-ORDER

S.P. Goyal, J.@mdashThe award passed under the Requisitioning and Acquisition of Immoveable Property, Act, 1952, is appealable as such u/s 11 of the Act. The Court fee payable on such appeal is Rs. 5.25. As held by a Division Bench of this Court in Major Trilok Nath Bhargava and another v. Smt. Jaswant Kaur and Another (1975) 77 P.L.R. 422, the cross objections have to bear the same court fee as would have been payable if an appeal would have been filed instead of the cross-objections. The court fee payable, therefore, on the cross-objections would be only Rs. 5.25 and the applicant is entitled to refund of the remaining court fee paid in excess of the said amount. Necessary certificate, therefore, may be issued to the applicant for the refund of the amount of the excess court fee. In view of this order, Civil Misc. No. 3604-CII of 1978 has become infructuous and is accordingly dismissed.

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