What is the injection order court fees in India?
04-Jul-2024 (In Property Law)
Under Section 26 of the Andhra Pradesh Court'fees and Suits Valuation Act, 1956 a suit for injunction relating to immovable property (where the plaintiff's title is denied) is charged on one'half of the market value of the property (or the statutory minimum), so for a property worth Rs.30,00,000 the court'fee is to be calculated ad valorem on Rs.15,00,000. [Andhra Pradesh Court'fees & Suits Valuation Act, s.26; see text: https://sooperkanoon.com/act/133091/andhra-pradesh-court-fees-and-suits-valuation-act-1956-complete-act] Exact rupee liability must be computed from Schedule I of the Act and confirmed by the court registry (courts require correct market'value certificates; see cases on valuation/fee objections: In Re D. Rajamannar (administrative directions on valuation) https://www.courtkutchehry.com/judgements/935299/in-re-d-rajamannar-and-others/ and Nade Ali Mirza v. Khalida Mohammed (objection for under'valuation) https://indiankanoon.org/doc/192367065/).
In India, obtaining an injunction order on property whether to maintain status quo or prevent certain actions involves court fees, which vary based on several factors. The type of injunction (temporary, permanent, or mandatory), the valuation of the property, and the jurisdiction of the court all play a role in determining the fee. For some injunction suits, especially temporary or preventive ones, a fixed fee may apply. However, in cases involving mandatory injunctions or where specific relief is sought concerning immovable property, the court fee is often calculated as a percentage of the property's market value or the suit value declared by the plaintiff. Each state may have its own Court Fees Act or schedule, so exact amounts can differ depending on the location.
The court fee for filing a suit for injunction in Andhra Pradesh will depend on the specific provisions of the Andhra Pradesh Court-Fees and Suits Valuation Act, 1956. The applicable court fee in Andhra Pradesh for filing a suit for injunction is calculated as follows:
- Stamp Duty: The stamp duty for filing a suit for injunction in Andhra Pradesh is 1% of the total value of the subject matter in dispute or Rs. 100, whichever is higher. This stamp duty is payable at the time of filing the plaint.
- Ad Valorem fee: The ad valorem fee for a suit for injunction is calculated as a percentage of the value of the subject matter in dispute. The fee varies depending on the value of the subject matter in dispute and the relief sought. The maximum ad valorem fee payable for a suit for injunction is Rs. 75,000.
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