VidhiSangh

Supreme Court of India · 16/03/2022

STATE OF PUNJAB AND OTHERS versus DEV BRAT SHARMA

[2022] 2 S.C.R. 528 · 2022 INSC 316

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The State challenged permission to pursue a Rs.20 lakh damages suit on a tentative Rs.50 court fee. The Court held that a money claim for quantified damages attracted ad valorem fees under Section 7(i), rather than the valuation flexibility reserved for specified suits under Section 7(iv). The suit’s subsequent dismissal did not remove the fee obligation. The plaintiff was directed to pay within four weeks and also pay appropriate fees for his pending appeal.

Issues

  1. Whether quantified damages could be pursued on a nominal tentative court fee pending assessment.
  2. Whether subsequent dismissal of the suit made the court-fee appeal academic.

Provisions considered

Held

Result

State’s appeal allowed without costs. The High Court order was set aside and the trial court order restored. Court fees on Rs.20 lakh were payable within four weeks, with appropriate valuation and fees also required in the plaintiff’s pending appeal.

Judgment PDF: Supreme Court of India, [2022] 2 S.C.R. 528.