Goa, Daman and Diu Suits Valuation Act, 1965
No: 13 Dated: Sep, 25 1965
Goa, Daman and Diu Suits Valuation Act, 1965
An Act to prescribe the mode of valuing certain suits for the purpose of determining the jurisdiction of courts with respect thereto. Be it enacted by the Legislative Assembly of Goa, Daman and Diu in the Sixteenth year of the Republic of India as follows:
1. Short title, extent and commencement.— (1) This Act may be called the Goa, Daman and Diu Suits Valuation Act, 1965.
(2) It extends to the whole of the Union Territory of Goa, Daman and Diu.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint and different dates may be notified for different provisions of the Act and for different areas.
2. Definitions.— In this Act, unless the context otherwise requires,— (a) “Court Fees Act” means the Court Fees Act, 1870 as extended to the Union Territory of Goa, Daman and Diu;
(b)“High Court” means the Court of the Judicial Commissioner constituted under the Goa, Daman and Diu (Judicial Commissioner’s Court) Regulation, 1963 (No. 10 of 1963;)
(c) “State Government” means the Administrator of Goa, Daman and Diu appointed under Article 239 of the Constitution.
3. Power of State Government to make rules determining the value of land for jurisdictional purposes.— (1) The State Government may, in consultation with the High Court, make rules for determining the value of land for purposes of jurisdiction in the suits mentioned in the Court Fees Act, section 7, paragraphs V and VI, and paragraph X, clause (d).
(2) The rules may determine the value of any class of land, or of any interest in land, in the whole or any part of a local area, and may prescribe different values for different places within the same local area:
Provided that such rules shall provide that the value of land for the purposes of jurisdiction shall in no case be less than the value as determinable for the computation of court-fees.
(3) A rule made under this section shall not take effect till the expiration of one month after it has been published in the Official Gazette.
4. Valuation of relief in certain suits relating to land not to exceed the value of the land.— Where a suit mentioned in the Court Fees Act, section 7, paragraph IV, or Schedule II, article 17, relates to land or an interest in land of which the value has been determined by rules made under the last foregoing section, the amount at which for purposes of jurisdiction the relief sought in the suit is valued shall not exceed the value of the land or interest as determined by those rules.
5. Court-fee value and jurisdictional value to be the same in certain suits.— Where in suits other than those referred to in the Court Fees Act, section 7, paragraphs V, VI and IX, and paragraph X, clause (d), court-fees are payable ad valorem under the Courts Fees Act, the value as determinable for the computation of court-fees and the value for purposes of jurisdiction shall be the same.
6. Determination of value of certain suits by High Court.— When the subject-matter of suits of any class, other than suits mentioned in the Court Fees Act, section 7, paragraphs V and VI and paragraph X, clause (d), is such that in the opinion of the High Court it does not admit of being satisfactorily valued, the High Court may, with the previous sanction of the State Government, direct that suits of that class shall, for the purposes of the Court Fees Act, and of this Act and any other enactment for the time being in force, be treated as if their subject-matter were of such value as the High Court thinks fit to specify in this behalf.