section 7
Fee on memorandum of appeal against order or award relating to compensation in certain cases.
The Maharashtra Court-fees ActCivil195953 sections7 chapters
Chapter III COMPUTATION OF FEES
Statutory text
- (1) The amount of fee payable under this Act on a memorandum of appeal against an order 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 1[or challenged] by the Appellant : 2[Provided that, where the State Government is an acquiring body, it shall not be liable for payment of fee in such appeals. Explanation.- For the purposes of this sub-section, "amount" means the amount in dispute and it shall not include the amount of statutory benefits]
- (2) The amount of fee payable under this Act on a memorandum of appeal against an award of a Claims Tribunal preferred under section 110-D of the 3Motor Vehicles Act, 1939 (VI of the 1939), shall be computed as follows :-
- (i) If such appeal is preferred by the insurer or owner of the motor vehiclethe 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 1 of Schedule I ;
- (ii) If such appeal is preferred by any other person-one half of 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.
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