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Tag: litigation
Supreme Court Quashes FIR in Bengaluru Property Dispute: Calls It Civil Matter Without Criminal Element Bench Led by Justices Sudhanshu Dhulia and Ahsanuddin Amanullah
The case deals with the protracted dispute of the property located in Bengaluru and involves both the civil and criminal…
Supreme Court Ends Bitter Matrimonial Feud, Dissolves Marriage and Quashes All Cases: Bench Led by CJI B.R. Gavai and Justice A. G. Masih
Ruling in another landmark matrimonial case on July 22, 2025, the Supreme Court of India, comprising CJI B.R. Gavai, and…
BCI Chairman Manan Mishra’s Plea to CJI Gavai: Barriers Faced by First-Generation Advocates in Litigation
First-generation advocates often find themselves at a disadvantage when it comes to securing courtroom assignments. In many high courts and the Supreme Court, case rosters are influenced by informal relationships and long-established networks. Senior advocates and prominent law firms receive priority, while new entrants struggle to gain visibility. Without invitations to argue important matters, these lawyers miss critical opportunities to build reputations, hone advocacy skills, and attract clients.
The absence of transparent criteria for assigning cases exacerbates this imbalance. Clerks and court officers frequently rely on personal discretion rather than a merit-based process, and clients default to familiar names even when fresh talent is available. This perpetuates a cycle where first-generation advocates remain on the periphery, unable to demonstrate their capabilities on high-stakes platforms. As a result, the profession loses out on diverse perspectives, and justice delivery risks becoming insular and less responsive to the needs of a varied populace.
Understanding Suit Valuation and Objections in Rajasthan (Section 48 & 49)
This abstract explores suit valuation and objections under the Rajasthan Court Fees and Suits Valuation Act, 1961, specifically Sections 48 and 49. Section 48 authorizes courts to fix the proper valuation of suits where there is a dispute, providing for proper fee determination. Section 49 provides for objections to valuation or jurisdiction by parties, ensuring procedural fairness. The critique is marked by highlighting their part in upholding judicial integrity, avoiding under- or over-valuation, and resolving litigant complaints in the legal system of Rajasthan, with a focus on statutory directives and practical realities.
Suits for Movable Property (Section 23 of The Rajasthan Court Fees and Suits Valuation Act, 1961)
Section 23 of The Rajasthan Court Fees and Suits Valuation Act, 1961, regulates suits over movable property in Rajasthan, India. It prescribes the mode of valuation for ascertaining court fees in suits over movable property. According to the section, the fee is calculated using the market value of the movable property in question, in a bid to provide a uniform method of litigation expenses. This provision seeks to simplify judicial procedures, improve accessibility, and ensure fairness in legal proceedings related to movable property. Its application is important for litigants and courts in determining reasonable fees.
Court Fees for Property Value and Counterclaims: Sections 7 and 8 of the Rajasthan Court Fees and Suits Valuation Act, 1961
Sections 7 and 8 of the Rajasthan Court Fees and Suits Valuation Act, 1961 define court fees for property valuation and counterclaims. Section 7 mandates that court fees for property-related suits be calculated based on the market value or government valuation. Section 8 ensures that counterclaims are treated as separate suits, requiring an independent fee assessment. These provisions prevent undervaluation and ensure fairness in litigation. Understanding these sections is essential for litigants, lawyers, and courts to determine the correct court fee liability and comply with judicial procedures.
Court Fees for Multiple Claims in a Suit : Section 6 of the Rajasthan Court Fees and Suits Valuation Act, 1961
Section 6 of the Rajasthan Court Fees and Suits Valuation Act, 1961 addresses court fees on multiple claims in a suit. Where a suit presents multiple distinct claims, separate court fees shall be paid by each claim unless they are intrinsically related. The Act provides for just valuation of suits and avoids abuse of the judicial process by undervaluing claims. Exemptions or reductions may be allowed in certain cases. An understanding of this provision assists litigants and lawyers in computing proper fees and adhering to procedural mandates.