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HAJI IMDAD HUSSAIN versus RANA SHAUKAT MAHMOOD


Plaintiffs filed a trial court order dismissing the charges of defamation in Section 10 and 13 Court Fees Act (VII of 1870), Sections 7 and 1 Civil Procedure Code (VV 1908), O VII, R1 suit He was directed to affix them to the court. The fee with his plaintiff was that no fee should be charged on the suit initiated under the Defamation Honor Ordinance 2002: and that it was not in the category of the suit described in section 7 of the Court Fee Act 1870 Section 10 of the Defamation Ordinance, 2002, provided that the modifications to the provisions of the Civil Procedure Code, 1908 were to be applied to proceedings under the Defamation Ordinance, 2002. And under the said ordinance, both civil and criminal proceedings could have been initiated by the plaintiff's offer under the contempt of court ordinance, 2002, and consisted of the plaintiff, under OVII, R1, CPC, Statement of court fees along with the importance of the suit case; therefore, the provisions of the Court Fee Act, 1870 apply to proceedings under the Honorable Ordinance; the Court Court Fee Act, 1870 was a special law and as long as it was practicable It is not banned, it will apply to all civil cases when the High Court observed that the court was entitled to dismiss under the Honorable Ordinance 2002. The fee filed was to run under section 7 of the Judicial Fees Act 1870 as it was not specifically or even prohibited under Section 7 (i) of the Judicial Fees Act 1870. The court fee was to be paid according to the amount claimed and the defamation was for money due to damages and compensation under the Ordinance, 2002, so the court fee is in line with the amount claimed by the trial court.

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