• Costs

9 lacs rupees granted as costs me on eviction suit.
if I am not happy and appeal in high court for claiming 15 lacs what amount i need pay fee in high court

in case tenant want to challenge does he/she need to pay any amount in high court for appeal?
Asked 4 years ago in Property Law
Religion: Hindu

7 answers received in 30 minutes.

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15 Answers

U need to submit positive proof for claiming higher cost

Tenant has to pay nominal court fees in appeal

Yusuf Rampurawala
Advocate, Mumbai
6876 Answers
79 Consultations

5.0 on 5.0

A filing fee is the amount of money you must pay to the court to begin your court case. The amount of money you have to pay depends on the court and the type of case. You may have to pay other filing fees at certain times during your case. The court clerk can give you a list of all the filing fees for your court case so you know the total cost.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

Court fees is state subject and varies from state to state

2) if you want enhancement of amount awarded by trial court from Rs 9 lakhs to Rs 25 lakhs you woukd have to pay nominal court deed

3) similarly tenant has to pay nominal court fees

Ajay Sethi
Advocate, Mumbai
87892 Answers
6207 Consultations

5.0 on 5.0

1. You are going to challenge the impugned order passed by the court below before the High Court.

2. No court fee based on the value of your claim shall be required to be paid to High Court.

3. Here you are just challenging the order passed by the lower Court.

4. Tenant also will not be required o pay any such extra amount for challenging the said order passed by the lower Court.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Yes he has to pay the amount as awarded by the Lower court but you need not to pay anything you can go for appeal against the lower court order.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Your lawyer would guide you as to exact amount of court fees payable

Ajay Sethi
Advocate, Mumbai
87892 Answers
6207 Consultations

5.0 on 5.0

1. You shall have to file a suit claiming cost for contesting the application praying for injunction before the lower court.

2. You can challenge any order passed by the lower court before the High Court.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Hello

The case can be appealed in the hc. The tenant will be the opposite of course. He does not have to pay at the outset but costs MAY be imposed upon him if the court finds out that he obtained the order from the lower court by fraud, or by misleading the court.

Regards

Rahul Mishra
Advocate, Lucknow
13754 Answers
65 Consultations

5.0 on 5.0

1. The minimal court fee of Rs, 50 to 100 is paid for the appeal in high court no separate court fee is to be paid.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Sir the First appeal can be filed if the suit is disposed of there is no court fee as such minimal high court filing fee has to be deposited.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. Court fees differs in every state. Like in WB the highest court fees is Rs.50,000/-.

2. So if you are aggrieved with the part of judgement as regards costs you can prefer an appeal challenging only the cost part .

3. Generally for preferring an appeal the court fees is a fixed sum of money.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

This is my response to you:

1. The court fee will be as per the market value of the property;

2. You can file the appeal in the High Court;

3. Showcase how you have suffered mental and physical agony;

4. If you proof that you have suffered monetary losses then charge for the same;

5. Ask the other side to pay your legal expenses;

6. Take assistance of a High Court lawyer dealing specifically on the Appellate side.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

The court fee is a state subject.

It differs from one state to another across the country.

If you want to prefer an appeal then you may have to pay the appropriate court fee, similarly the tenant has to pay the court as applicable for his appeal,

You may enquire your advocate about the court fee applicable for preferring the appeal.

If the tenant wants to prefer an appeal then he may have to pay the court fee alone and may not be required to deposit any amount from the award amount provided the court instructs him to do so.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

I want to challenge impugned order from 9 lacs to 15 lacs

tenant has filed an injunction order I contested and dismissed ( I want to claim costs on this )

It is your rights to prefer an appeal against the judgment by which you are aggrieved.

You can decide about preferring an appeal agaisnt the cost factor alone.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

1. It is most unlikely that HC would enhance the cost. You may end up wasting your money. Costs is the discretion of the court. Unless you demonstrate that discretion was not exercised in a judicious manner you cannot succeed in the HC.

2. Be that as it may, a local lawyer alone can tell you what the court fee would be.

3. Tenant too has to pay the court fee according to the State Stamp Duty Act.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

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