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CHAPTER II COMPUTATION OF FEES

Section 7: Fee on memorandum of appeal against order of award relating to compensation in certain cases

The Gujarat Court-fees Act, 2004

How current this text is

Text as published by India Code for the Government of Gujarat (Legislative and Parliamentary Affairs Department print, as modified up to 31 January 2024), with amendments up to Guj. 14 of 2016.

The marginal notes printed beside the clauses of section 6 and beside the second paragraph of section 34 are shown as small headings above the clause they label.

(1) The amount of fee payable under this Act on a memorandum of appeal against an order having the force of a decree relating to compensation under any Act for the time being in force for the acquisition of land for public purposes shall be computed according to the difference between the amount awarded and the amount claimed by the appellant.

(2) The amount of fee payable under this Act on a memorandum of appeal against an award of a Claims Tribunal preferred under section 173 of the Motor Vehicles Act, 1988, shall be computed as follows: -

(i) if such appeal is preferred by the insurer or owner of the motor vehicle, the full ad valorem fee leviable on the amount at which the relief is valued in the memorandum of appeal according to the scale prescribed under Article I of Schedule I;

(ii) if such appeal is preferred by any other person - one-half of the ad valorem fee leviable on the amount at which the relief is valued in the memorandum of appeal according to the said scale:

Provided that if such person succeeds in the appeal, he shall be liable to make good the deficit, if any, between the full ad valorem fee payable on the relief awarded in the appeal according to the said scale and the fee already paid by him; and the amount of such deficit shall, without prejudice to any other mode of recovery, be recoverable as an arrear of land revenue.

Questions on this section

1 question in 1 of our papers cite Section 7. Try these from the free papers:

  1. 1. C, a claimant, files an appeal under Section 173 of the Motor Vehicles Act, 1988 against an award of a Claims Tribunal, seeking enhancement of compensation. Under Section 7(2) of the Gujarat Court-fees Act, 2004, the fee on C's memorandum of appeal is:

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