Determining the nature of a document titled as agreement which has characteristics of bond, mortgage deed and agreement

 ఒప్పంద పత్రము 

____వ సంవత్సరము ____నెల ___వ తేదీన

వ్రాయించుకున్నవారు :- AAAAAA

వ్రాయించి ఇచ్చినవారు :- BBBBBB అయిన నేను వ్రాయించియిచ్చిన “ఒప్పంద పత్రం” ఏమనగా!

Kadthal మండలము, Raviched శివారులో వున్న భూమి నాకు సంక్రమించి, నాస్వాధీనములో వున్న భూమి సర్వేనెం.122 లో ఎ.2-00 గు||లు, సర్వేనెం.22 లో ఎ.4-00 గు||లు, మొత్తం భూమి ఎ.6-00 గుంటలు గల భూమిపై రూ.2000000/- (అక్షరాల ఇరవై లక్షల రూపాయలు) నీ నుండి భూమి తాకట్టు పెట్టి నగదు రూపాయలు నేను (BBBBB) తీసుకున్నాను. ఇట్టి రూపాయలకు (6 నెలలు) గడువు నాటికి మొత్తం రూపాయలు నీకు చెల్లించగలను. గడువు నాటికి చెల్లించని యెడల నాయొక్క మొత్తం భూమి ఎ.6 నీవు కాని, నీవు కోరిన వారిపేరుమీద రిజిష్టర్ చేసి ఇవ్వగలను. ఇది నేను, నా కుటుంబ సభ్యుల సమ్మతితో ఒప్పుకొని వ్రాసి ఇచ్చిన “ఒప్పంద పత్రం” నిజం.

సాక్షులు :-

1. [Signature]

2. [Signature]

3. [Signature]

వ్రాయించు కున్నవారు; AAAAA

వ్రాయించి ఇచ్చినవారు,; BBBBBB                                                                                                         

DETERMINATION 

1. A suit for recovery of money, being O.S. No. {suit_number}, has been instituted by the Plaintiff,  against the Defendant, based on a document titled "Agreement Document" dated ___ The Document has been produced before the Court and requires classification to determine the appropriate stamp duty and penalty payable thereon. The central question for determination is whether the Document should be construed as a simple 'Agreement' chargeable with fixed duty, or as a 'Bond' or 'Mortgage-deed' chargeable with ad valorem duty.

Upon a thorough perusal of the Document, the following key features are noted: a. The Document is titled "Agreement Document". b. It evidences the receipt of a sum of Rs. 20,00,000/- (Rupees Twenty Lakhs only) by BBBBBB From AAAAA. c. It contains an express and unconditional undertaking by BBBBB to repay the said amount within a period of three months, i.e., by _______ d. The Document is attested by three individuals, namely ____________ who have affixed their signatures as witnesses. e. The Document further stipulates that specific immovable property, admeasuring 6 acres  is mortgaged as security for the repayment of the amount.

The determination of the nature of the Document is governed by the definitions provided in the Indian Stamp Act, 1899 (the "Act"), as applicable to Telangana. a. Section 2(5) of the Act defines "Bond" to include: (b) any instrument attested by a witness and not payable to order or bearer, whereby a person obliges himself to pay money to another.b. Section 2(17) of the Act defines "Mortgage-deed" as an instrument whereby, for the purpose of securing money advanced or to be advanced by way of loan, one person transfers, or creates, to, or in favour of, another, a right over or in respect of specified property. c. Article 13 of Schedule I-A of the Act (Telangana) prescribes ad valorem stamp duty for a Bond. d. Article 35 of Schedule I-A of the Act (Telangana) prescribes ad valorem stamp duty for a Mortgage-deed. e. Article 6(B) of Schedule I-A of the Act (Telangana) prescribes a fixed stamp duty for an Agreement or Memorandum of an Agreement not otherwise provided for.

Analysis and Determination:a. Attestation is Decisive: The most critical feature of the Document is its attestation by three witnesses. An instrument that creates an obligation to pay money and is attested by a witness falls squarely within the definition of a "Bond" under Section 2(5)(b) of the Act. The presence of attestation elevates the instrument beyond a mere agreement or a promissory note. b. Creation of Obligation: The Document does not merely acknowledge a pre-existing debt; it is the very instrument that creates the obligation on the part of J. Banu Prakash Chari to pay the sum of Rs. 20,00,000/-. This is a primary characteristic of a Bond. c. Title of Document is Not Conclusive: The nomenclature or title given to a document, such as "Agreement Document," is not determinative of its true nature. The character of an instrument is ascertained from its contents, the rights and liabilities it creates, and its compliance with statutory definitions. d. Dual Character as a Mortgage-deed: The Document also possesses the character of a Mortgage-deed under Section 2(17) of the Act, as it explicitly creates a security interest in specified immovable property to secure the repayment of the loan. As per the proviso to Section 6 of the Act, where an instrument is chargeable with different duties under two or more descriptions in Schedule I-A, it shall be chargeable only with the highest of such duties. Both a Bond (Article 13) and a Mortgage-deed (Article 35) attract ad valorem duty.                                               

Conclusion on Nature: Based on the foregoing analysis, the Document, by virtue of being an attested instrument creating an obligation to pay money, is unequivocally a "Bond" as defined in Section 2(5)(b) of the Act. It cannot be treated as a simple agreement attracting a fixed duty

Court's Permission Needed To Arrest Accused For Offence Added After Grant Of Bail- Hon'ble Apex Court's directions

2026 INSC 1451 

 SUPREME COURT OF INDIA

 CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. OF 2026 (Arising out of SLP(Crl.)No.1536/2026) 

SUMIT ....Appellant 

 VERSUS 

STATE OF U P & ANR. Respondent(s) 

Para 34:

34. In such circumstances referred to above, we arrive at following conclusions in respect of a circumstance whereafter the grant of bail to an accused, further cognizable and non- bailable offences are added:-

(i) The accused can surrender and apply for bail for newly added cognizable and non-bailable offences. In the event of refusal of bail, the accused can certainly be arrested.

(ii) The investigating agency can seek order from the court under Sections 437(5) or 439(2) of Cr.P.C. respectively for arrest of the accused and his custody.

(iii) The Court, in exercise of its power under Sections 437(5) or 439(2) of Cr.P.C. respectively, can direct for taking into custody the accused who has already been granted bail after cancellation of his bail. The Court in exercise of its power under Section 437(5) as well as Section 439(2) respectively can direct the person who has already been granted bail to be arrested and commit him to custody on addition of graver and non-cognizable offences which may not be necessary always with order of cancelling of earlier bail.

(iv) In a case where an accused has already been granted bail, the investigating authority on addition of an offence or offences may not proceed to arrest the accused, but for arresting the accused on such addition of offence or offences it needs to obtain an order to arrest the accused from the Court which had granted the bail.

35. The appeal is accordingly, disposed of.

36. Pending application(s), if any, also stand disposed of.

37. Registry shall forward a copy of this order to the Registrar General, High court of Allahabad, who in turn shall place this order before Hon’ble the Chief Justice of High Court.

A BRIEF NOTE ON THAT PROVIDES OVERVIEW OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 (RFCTLARR), (CENTRAL ACT) AND THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT (TELANGANA AMENDMENT) ACT, 2016 (NOTIFIED AS ACT 21 OF 2017) DESIGNED FOR LEGAL PRACTITIONERS

 A BRIEF NOTE ON THAT PROVIDES OVERVIEW OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 (RFCTLARR), (CENTRAL ACT) AND THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT (TELANGANA AMENDMENT) ACT, 2016 (NOTIFIED AS ACT 21 OF 2017) DESIGNED FOR LEGAL PRACTITIONERS

CENTRAL ACT:

1. Statutory Objective and Scope

The Act replaced the colonial-era Land Acquisition Act of 1894 to ensure a humane, participative, and transparent process. It mandates that land acquisition for industrialization or infrastructure projects must be paired with just compensation and mandatory rehabilitation and resettlement (R&R).

2. Preliminary Steps: SIA and Public Purpose

Before acquisition, the "appropriate Government" must conduct a Social Impact Assessment (SIA).

• Consultation: Must involve local bodies (Panchayats/Municipalities).
• Mandatory Factors: The SIA must determine if the project serves a "public purpose," estimate the number of affected families, and confirm the land is the "absolute bare-minimum" required.
• Expert Group Appraisal: An independent multi-disciplinary Expert Group must evaluate the SIA report. If they find the social costs outweigh the benefits, they can recommend abandoning the project.

3. The Consent Requirement

For specific types of acquisitions, the Act requires prior consent from affected families:

• Private Companies: At least 80% consent.
• Public-Private Partnership (PPP) Projects: At least 70% consent.

4. Compensation Framework (First Schedule)

Compensation is no longer based merely on the "market value" but follows a tiered calculation:

• Market Value: Determined via registered sale deeds or average price of similar land in the vicinity.
• Multiplier Factor: The market value is multiplied by a factor of 1.0 to 2.0 in rural areas (based on distance from urban centers) and 1.0 in urban areas.
• Solatium: A mandatory "Solatium" of 100% of the total compensation amount must be added to the final award.
• Interest: 12% per annum interest is payable from the date of the SIA notification to the date of the award.

5. Rehabilitation and Resettlement (Second & Third Schedules)

R&R is a statutory right, not a discretionary benefit.

• Entitlements: Includes housing units (for displaced families), land-for-land (in irrigation projects), a one-time resettlement allowance (₹50,000), and monthly subsistence grants.
• Infrastructure: The Third Schedule lists 25 mandatory amenities for resettlement areas, including roads, drainage, safe drinking water, and schools.
• Possession: The Collector can only take possession after full payment of compensation and R&R entitlements (within 3–6 months of the award).

6. Judicial and Administrative Authorities

LARR Authority (Land Acquisition, Rehabilitation and Resettlement Authority): Established for "speedy disposal of disputes" related to compensation and R&R. The LARR Authority in Telangana is a specialized judicial body established under Section 51 of the RFCTLARR Act, 2013. It is designed to adjudicate disputes referred by the Collector under Section 64 concerning:

·         Objections to the measurement of the land.

·         The amount of compensation awarded.

·         The person to whom it is payable.

·         The apportionment of the compensation among the persons interested.

Location and Jurisdiction

Central Seat: The LARR Authority for the state of Telangana is situated in Hyderabad.

Office Address: Office of the Registrar, LARR Authority (State of Telangana), CCLA Building (Chief Commissioner of Land Administration), Nampally Station Road, Abids, Hyderabad – 500001.

Composition and Leadership

·         Presiding Officer: The Authority consists of a single Presiding Officer.

·         Qualifications: To be eligible for appointment, the Presiding Officer must be a retired District Judge or a legal practitioner with at least seven years of experience.

·         Appointment: The state government is mandated by the High Court to ensure this position is filled for the timely disposal of cases.

·         Speedy Disposal: The Authority is designed for the "speedy disposal of disputes" to avoid the lengthy delays associated with traditional civil courts.

·         Original Jurisdiction: It adjudicates on references made under Section 64 of the Act regarding objections to the area of land, the amount of compensation, or the apportionment of the award.

·         Judicial Status: All proceedings before the Authority are deemed judicial proceedings, and the Authority has the powers of a Civil Court for summoning witnesses and enforcing the production of documents.

• Reference: Any "person interested" who has not accepted the award may move the Collector to refer the matter to the Authority.References must be made to the Collector within six weeks (if the person was present at the time of the award) or six months (in other cases) from the date of the Collector's award.
• High Court Appeal: Appeals against Authority awards must be filed in the High Court within 60 days.
• Civil Court Bar- Section 63 of Act. : Civil courts have no jurisdiction to entertain disputes relating to land acquisition under this Act.

7. Key Procedural Safeguards

• Lapse of Proceedings: If no award is made within 12 months of the declaration under Section 19, the acquisition proceedings lapse.
• Urgency Clause: Section 40 allows the Government to bypass SIA in cases of national security or emergencies, but requires an additional 75% compensation.
• Return of Land: Land remaining unutilized for 5 years must be returned to the original owners or the Government Land Bank.

 TELANGANA  AMENDMENT  ACT

THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT (TELANGANA AMENDMENT) ACT, 2016 (NOTIFIED AS ACT 21 OF 2017) OF TELANGANA, INTRODUCED SIGNIFICANT DEPARTURES FROM THE CENTRAL ACT 30 OF 2013.

BELOW IS A BRIEF SUMMARY

1. Statutory Framework

·         Primary Legislation: Central Act 30 of 2013.

·         State Amendment: Telangana Act 21 of 2017 (effective retrospectively from January 1, 2014).

·         State Rules: Telangana State RFCTLARR Rules, 2014, and the specialized Consent Award/Voluntary Acquisition Rules, 2017.

2. Key Exemptions (Section 10A)

The State Government has the power to exempt specific "public interest" projects from the mandatory Social Impact Assessment (SIA) and provisions safeguarding Food Security (Chapters II and III of the Central Act). These categories include:

·         Projects vital to national security or defense.

·         Infrastructure projects, including electrification and irrigation.

·         Affordable housing for the poor.

·         Industrial corridors set up by the State Government (up to a specified distance from rail/road lines).

3. Alternative Compensation & R&R (Section 31A)

For projects exempted under Section 10A, the State may pay a lump-sum amount in lieu of the detailed Rehabilitation and Resettlement (R&R) entitlements specified in the Central Act.

·         Safeguard: This lump-sum must not be "abnormally at variance" to the disadvantage of affected families.

·         Current Practice: In some projects, oustees have been offered options between the standard 2013 Act package and the 2016 Telangana Amendment lump-sum package.

4. Voluntary Acquisition and Consent Awards (Section 23A & 30A)

·         Consent Awards: If all interested persons agree in writing, the Collector can pass an award without a formal inquiry.

·         Voluntary Agreements: The State can acquire land through a direct sale agreement with willing owners. Title vests with the State upon notification in the Gazette.

·         Registration Exemption: Such agreements are not liable for registration under the Registration Act, 1908.

5. Procedural Differences

·         Section 24 (Lapsing): Telangana amended the proviso to clarify that the five-year period for determining if an award has lapsed must be computed from the date of the Central Act's commencement.

·         Return of Unutilized Land: Unutilized land must be returned after five years or the "period specified for setting up of any project," whichever is later.

·         Prosecution of Officials: Cognizance of offences committed by government officials requires following the procedure under Section 197 of the CrPC (prior sanction).

Comparison: RFCTLARR Central Act vs. Telangana Amendment

Provision	Central Act (30 of 2013)	Telangana Amendment (Act 21 of 2017)
SIA & Food Security	Chapters II & III mandate Social Impact Assessment (SIA) for all acquisitions.	Section 10A: Exempts projects for national security, infrastructure, affordable housing, and industrial corridors from Chapters II & III.
Consent (PPP/Private)	Requires 70% consent for PPP and 80% for private projects.	Exempted Projects: Consent requirements of the first proviso to Section 2(2) are removed for projects notified under Section 10A.
Lapse of SIA Report	SIA report lapses if preliminary notification isn't issued within 12 months.	Follows the Central Act but state rules allow for expedited procedures for specific projects.
Consent Award	Not explicitly simplified; requires standard enquiry under Section 23.	Section 23A: Allows the Collector to pass an award without formal enquiry if all parties agree in writing.
R&R Entitlements	Detailed benefits under Second and Third Schedules (housing, land-for-land, etc.).	Section 31A: Allows the State to pay a lump-sum amount in lieu of standard R&R for projects notified under Section 10A.
Voluntary Acquisition	Land generally acquired through formal compulsory process.	Section 30A: Formalizes "Voluntary Acquisition" where the State buys land via direct agreement with willing owners.
Unutilized Land	Return of land if unutilized for 5 years.	Section 101: Land return period is 5 years or the period specified for the project, whichever is later.
Offences by Officials	Head of department held guilty unless due diligence is proven.	Section 87: No court shall take cognizance without prior government sanction under Section 197 CrPC.

---

·         Retrospective Effect: The Telangana Amendment Act is deemed to have come into effect on January 1, 2014.

·         Exemption Challenges: While the state has wide powers to exempt projects from SIA under Section 10A, these are often subject to judicial review regarding whether they truly serve a "public interest".

NOTE: 1. Retrospective applicability under Section 24 Under Section 24(1), if an award had already been passed under the Land Acquisition Act, 1894, before 1st January 2014, the acquisition proceedings would continue to be governed by the old law. However, Section 24(2) provides that if an award was made five years or more before the commencement of the 2013 Act but either physical possession of the land was not taken or compensation was not paid, the entire acquisition would be deemed to have lapsed, and fresh proceedings would have to be initiated under the new Act. Furthermore, the proviso to Section 24(2) stipulates that if the compensation in respect of the majority of landholdings was not deposited in the accounts of the beneficiaries, then all landowners would be entitled to have their compensation determined in accordance with the provisions of the 2013 Act, thereby ensuring uniformity and fairness in the compensation process. Union of India v. Shiv Raj (2014) 6 SCC 564 the Court ruled that the litigation period (time spent in challenging acquisition) cannot be excluded while calculating the five-year limit. Hence, if possession or payment was delayed due to litigation, the acquisition still lapses

Basics of Motor Accident claim petitions- Useful to Junior Advocates

Motor vehicles accident claims petitions: 

These are normally filed u/s 166 or 163-A of the Motor Vehicles Act, 1988 (M.V.Act) as the case may be before the M.A.C. Tribunals of which the District Courts are presently designated so. 

If the claim based on the negligence of a wrong doer is made by an injured, the claim petition lies under 166(1)(a) and in case the injured died and his legal representatives are seeking the compensation for the death of the deceased in the motor accident, claim lies under 166 (1)(c) of Motor Vehicles Act. 

In case of no fault liability, the claim is laid U/s 163-A of the Motor Vehicles Act. 

The liability to pay compensation in certain cases on the principle of no fault liability arises u/s 140 of that Act. 

As per the settled law reiterated in New India Assurance Company Limited Vs. Margham Padmavathi (MACMA No. 188 of 2007 decided by the A.P. High Court on 16.12.2014) the driver of the offending vehicle is a necessary party to the claim petition and the non-joinder is fatal to the proceedings. 

As per the High Court circular in Roc. No. 4907/E1/97, dt. 25.07.1997, the array of the respondent in case the respondent is a corporation shall be proper with full details as contemplated in the Order 29 C.P.C. 

As per the High Court Circular Roc. No. 5689/98/OP Cell-E dt. 11.04.2000, every claim petition filed under the Motor Vehicle Act should require to have an affidavit filed by the claim petitioner swearing that similar application is not filed before any other Forum or Tribunal seeking compensation. U/s 168(3) of the Motor Vehicles Act. 

Who can file a claim? 

In case of damage to property, the application for compensation has to be made by the owner of the property damaged. It is implied that in case of death of owner of the property, the legal representatives of the deceased owner can competently claim compensation. 8 [Dr. R. G. Chaturvedi, “Law of Motor Accident Claims and Compensation” (2010) p.642) Apart from that : 

1. People, who have been injured in accidents on the road, can themselves file for compensation or route the claims through their advocates. 

 2. But accident victims, who are below 18 years of age, cannot file for compensation themselves; they have to go through their natural or legal guardians. 

 3. Legal heirs of people who have died in accidents can also claim compensation; alternatively, they can route their claims through their advocates.

It has been held in Sarla Verma vs. Delhi Transport Corporation (2009) 6 S.C.C. 121 as under: “Further, subject to evidence to the contrary, the father is likely to have his own income and will not be considered as a dependent and the mother alone will be considered as a dependent. In the absence of evidence to the contrary, brothers and sisters will not be considered as dependents, because they will either be independent and earning, or married, or be dependent on the father. Thus even if the deceased is survived by parents and siblings, only the mother would be considered to be a dependent…….

In view of the judgment of Supreme Court in Manjuri Bera vs. Oriental Insurance Company (2007) 10 S.C.C. 643, even the brothers or father would be entitled to the compensation under section 140 of Motor Vehicles Act, because the liability under section 140 of the Motor Vehicles Act does not cease because there is absence of dependency. Moreover, the legal heirs who were not dependent on the deceased would be entitled to compensation for loss of estate. But an appeal filed by the injured- claimants for personal injuries cannot be continued by his legal heirs as stated in the case of Smt. Ram Ashari vs. H.R.T.C, 2005 (1) Sim LC 359 except in respect of the pecuniary heads. V. Mepherson and Anr. v. Shiv Charan Singh &Ors. 1 (1998) ACC 6 relied on judgment of Punjab and Haryana High Court in Joti Ram &Ors. v. Chaman Lal &Ors. 1984 ACJ 645 and held that in a claim for damages for injuries suffered by a deceased, the claim so far as it relates to non-pecuniary damages, i.e. pain and suffering etc suffered by the injured would abate on the death of the injured. The right to sue would survive in case of the pecuniary damages which could be on account of special diet, purchase of medicines, conveyance etc. This has been reiterated in Bajaj Allianz General Insurance Company Ltd. v. Kamla Bist III (2010) ACC 55 and in Rajani Sharma & Ors. v. Bodhu & Ors. MAC. APP.877/2010 and National Insurance Company Ltd. v. Smt. Rajani Sharma &Ors. MAC. APP.49/2011 decided on 15.10.2012. 

What all documents should accompany the petition? 

1. Copy of the FIR registered in connection with the accident, if any or the DD entry. 

 2. Copy of the MLC/Post Mortem Report/Death Report as the case may be. 

 3. The documents of identity of the victim or the claimants and of the deceased in a death case. 

 4. Original bills of expenses incurred on the treatment alongwith treatment record. 

 5. Documents of the educational qualifications of the deceased, if any. 

 6. Disability Certificate, if already obtained, in an injury case. (Oriental Insurance Co. Ltd. vs. Raji Devi, (2008) 5 SCC 736 and FAO No. 49 of 2009, decided on 4/07/2011, titled as New India Insurance Co. Ltd. vs. Smt. Sarita Devi)

7. The proof of income of the deceased/injured. 

 8. Documents about the age of the victim. 

 9. The cover note or the insurance policy, if any. 

10. An affidavit detailing the relationship of the claimants with the deceased along with documentary proof. 

11. Copy of Driving License of the driver, 

12. RC of the offending vehicle and other documents such as permit, if any. 

13. Copy of charge sheet, if available, along with copy of site plan, mechanical inspection report of the vehicle. 

 Jurisdiction of Claims Tribunal.

 A plain reading of Section 166(2) shows the legislative intent to leave the filing of the claim petition totally at the option of the claimant, either to the claims tribunal having jurisdiction over the area where the accident took place, or to such tribunal within local limits of whose jurisdiction the claimant resides or carries on business or within local limits of whose jurisdiction the defendant resides. In other words, the claimant can file an application within the jurisdiction of claims tribunal:

1.  Where the accident occurred, or 

2. Before the tribunal within local limits of whose jurisdiction, the claimant resides or carries on his business, or 

 3. Within local limits of whose jurisdiction, the defendant resides.

In Sanno Devi v. Balram [2007, ACJ 1881 (MP) DB] it was held that jurisdiction of tribunal depends essentially on the fact whether there had been any use of motor vehicle and once it has been established, tribunal’s jurisdiction cannot be held ousted on findings that it is negligence of other joint tortfeasor and not of the motor vehicle in question.

 In Mantoo Sarkar v. Oriental Insurance C. Ltd (2009 ACJ 564) it was held by the Supreme Court of India that a victim of an accident arising out of use of motor vehicles may file a claim application to the Claims Tribunal within local limits of whose jurisdiction the claimant resides or carries on business. While it has been held that the provision would not allow the filing of the petition in the Claims Tribunal within whose jurisdiction the defendant carries on business, it was laid down that the petition could be filed where the policy issuing office of the insurance company is located (New India Assurance Co. Ltd. v Kutiswar Pramanik & Another, 2010 ACJ 1749). The Supreme Court, in a recent judgement in Malati Sardar v. National Insurance Company Limited Civil Appeal No.10 of 2016 decided on 5.1.2016 has held that there is no bar to a claim petition being filed at a place where the insurance company, which is the main contesting party in such cases, has its business. 

As regards an accident occurring in a foreign country, the legal position is that a suit or proceeding can be filed in a court or tribunal having jurisdiction in relation with the place where the cause of action or part thereof had arisen (Civil Procedure Code, 1908, Section 20). Where a bus was booked at Delhi, part of cause action had arisen in India and it was held that the claimants could file a claim in the tribunal having jurisdiction over the place of residence of the claimant under section 166(2) of the Act (Sarbati v. Anil Kumar, 2006 ACJ 2532 (P&H). In the above case, a bus for pilgrimage from Delhi to Kathmandu was booked at Delhi and the vehicle was registered in India. The bus fell into a river in the territory of Nepal. It was held that a claim under section 163A of the Act was maintainable in a tribunal within the State of Punjab. It was further held that the Motor Vehicles Operations and Contiguous Counties Rules, 1963 had no application, since the rules could operate only if the claim was filed in Nepal. Eventually, the insurer was held liable. 

Section 175 of the Act, 1988 bars the jurisdiction of Civil Courts where any Claims Tribunal has been constituted in respect of “any question relating to any claim for compensation which may be adjudicated upon by the Claims tribunal for that area, and no injunction in respect of any action taken or to be taken by or before the Claims Tribunal in respect of the claim for compensation shall be granted by the Civil Court”

FEE PAYABLE

475. Fees :- (1) Every application under sub-section (1) of Section 166 of the Act for payment of compensation shall be accompanied by a fee in the form of court fee stamps as specified below:
(a) If the claim is confined to special damage, only Re.1;
(b) If the claim includes general damages also, an ad valorem fee at the following rates, on the aggregate of the claims for special and general damages:

Amount of Claim	Amount of Court fee
UP to 10,000/-      Rs.10                                 Upto Rs. 10,000 to 50,000/-	1/4 % of the amount of claim
From Rs .50,000 to 1,00,000	1/2 % of the amount of claim
Above Rs.1,00,000	1 % of the amount of claim

Explanation:- For the purpose of the above sub-rule;

(i) ‘Special damages’ is one which has to be specially pleaded and proved. It consists of out of pocket expenses and loss of earning incurred down to the date of trial, and is generally capable of exact substantial calculations; and

(ii) ‘General damages’ is one which the law implies and which is not specially pleaded. It includes compensation for pain and suffering and like and if the injuries suffered are such as to lead to continuing or permanent disability, compensation for loss of earning power.

(2) The Claims Tribunal may in its discretion exempt a party form the payment of fee prescribed under sub-rule (1):

Provided that where a claim of party has been accepted by the Claims Tribunal, the party shall have to pay the prescribed fee, exemption in respect of which has been granted initially before a copy of the judgment is obtained.