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COURT-FEES ACT

Ministry of Law and Justice

Act nº 7 of 1870


  • Chapter I
  • Chapter II
  • Chapter III
  • Chapter IIIA. Probates, Letters of Administration and Certificates of Administration
  • Chapter IV
  • Chapter V
  • Chapter VI
  • Schedules
  • Act nº 7 of 1870

Preamble

THE COURT-FEES ACT, 1870

[Act, No. 7 of 1870]

[11th March, 1870.]

Chapter I

Section 1. Short title, Extent of Act, Commencement of Act

ThisAct may be called the Court fees' Act, 1870.

Extentof Act. --It extends to the whole of India except1

[theterritories which, immediately before the 1st November, 1956, were comprised inPart BStates]

Commencementof Act. --And it shall come into force on the first day of April, 1870.

1.Substituted by the Adaptation of Laws (No. 2) Order, 1956, for "Part BStates".


Section 1A. Definition of Appropriate Government

1 [1A. Definition of "Appropriate Government"

In this Act "the Appropriate Government" means, in relation to fees or stamps relating to documents presented or to be presented before any officer serving under the Central Government, that Government, and in relation to any other fees or stamps, the State Government.]

1. Inserted by the A.O. 1937.


Section 2. [Repealed]

[Chief Controlling Revenue-authority defined.] Rep. by the A.O. 1937.

Chapter II

Section 3. Levy of fees in High Courts on their original sides

The fees payable for the time being to the clerks and officers (other than the sheriffs and attorneys) of1[the2[High Courts other than those of Kerala, Mysore and Rajasthan]];

or chargeable in each of such Courts under No. 11 of the first, and Nos. 7, 12, 14,.3*** 20 and 21 of the Second Schedule to this Act annexed;

Levy of Fees in Presidency Small Cause Courts. -and the fees for the time being chargeable in the Courts of Small Causes at Levy of the Presidency-towns,4and their several offices;

shall be collected in manner hereinafter appearing.

1. Substituted by the A.O. 1950, for "the Courts which are High Courts for the purposes of the Government of India Act, 1935".

2. Substituted by the Adaptation of Laws No, 2 Order, 1956, for "High Courts for Part A States".

3. The number "16", rep. by Act 12 of 1891, Section 2 and Schedule I.

4. See the Presidency Small Cause Courts Act, 1882 (15 of 1882).


Section 4. Fees on documents filed etc., in High Courts in their extraordinary jurisdiction;

No document of any of the kinds specified in the First or Second Schedule to this Act annexed, as chargeable with fees, shall be filed, exhibited or recorded in, or shall be received or furnished by, any of the said High Courts in any case coming before such Court in the exercise of its extraordinary original civil jurisdiction; or in the exercise of its extraordinary original criminal jurisdiction;

in their appellate jurisdication or in the exercise of its jurisdiction as regards appeals from the 1 [judgments (other than judgments passed in the exercise of the ordinary original civil jurisdiction of the Court) of one] or more Judges of the said Court, or of a division Court;

or in the exercise of its jurisdiction as regards appeals from the Courts subject to its superintendence;

as Courts of reference and revision.-or in the exercise of its jurisdiction as a Court of reference or revision;

unless in respect of such document there be paid a fee of an amount not less than that indicated by either of the said Schedules as the proper fee for such document.

1. Substituted. by Act 19 of 1922, Section.2. for "judgment of two".


Section 5. Procedure in case of differences as to necessity or amount of fees

When any difference arises between the officer whose duty it is to see that any fee is paid under this Chapter and any suitor or attorney, as to the necessity of paying a fee or the amount thereof, the question shall, when the difference arises in any of the said High Courts, be referred to the taxing-officer, whose decision thereon shall be final, except when the question is, in his opinion, one of general importance, in which case he shall refer it to the final decision of the Chief Justice of such High Court, or of such Judge of the High Court as the Chief Justice shall appoint either generally or specially in this behalf.

When any such difference arises in any of the said Courts of Small Causes, the question shall be referred to the Clerk of the Court, whose decision thereon shall be final, except when the question is, in his opinion, one of general importance, in which case he shall refer it to the final decision of the first Judge of such Court.

The Chief Justice shall declare who shall be taxing-officer within the meaning of the first paragraph of this section.

Chapter III

Section 6. Fees on documents filed, etc., in Mufussil courts or in public offices

Except in the Courts hereinbefore mention

ed, no document of any of the kinds specified as chargeable in the First or Second Schedule to this Act annexed shall be filed, exhibited or recorded in any Court of Justice, or shall be received or furnished by any public officer, unless in respect of such document there be paid a fee of an amount not less than that indicated by either of the said Schedules as the proper fee for such document.

Section 7. Computation of fees payable in certain suits

The amount of fee payable under this Act in the suits next hereinafter mentioned shall be computed as follows:--

(i) for money;--In suits for money (including suits for damages or compensation, or arrears of maintenance, of annuities, or of other sums payable periodically)-according to the amount claimed;

(ii) for maintenance and annuities;-In suts for maintenance and annuities or other sums payable periodically-according to the value of the subject-matter of the suit, and such value shall be deemed to be ten times the amount claimed to be payable for one year;

(iii) for other moveable property having a market-value;-In suits for moveable property other than money, where the subject-matter has a market-value-according to such value at the date of presenting the plaint;

(iv) In suits--

(a) for moveable property of no market value;-for moveable property where the subject-matter has no market-value, as, for instance, in the case of documents relating to title.

(b) to enforce a right to share in joint family property;-to enforce the right to share in any property on the ground that it is joint family property,

(c) for a declaratory decree and consequential relief;-to obtain a declaratory decree or order, where consequential relief is prayed,

(d) for an injunction.-to obtain an injunction,

(e) for easements.-for a right to some benefit (not herein otherwise provided for) to arise out of land, and

(f) for accounts;-for accounts-

according to the amount at which the relief sought is valued in the plaint or memorandum of appeal. In all such suits the plaintiff shall state the amount at which he values the relief sought1***;

(v) for possession of land, houses and gardens;-In suits for the possession of land, houses and gardens--according to the value of the subject-matter; and such value shall be deemed to be--

where the subject-matter is land, and--

(a) where the land forms an entire estate, or a definite share of an estate, paying annual revenue to Government, or forms part of such an estate and is recorded in the Collector's register as separately assessed with such revenue;

and such revenue is permanently settled-ten times the revenue so payable;

(b) where the land forms an entire estate, or a definite share of an estate, paying annual revenue to Government, or forms part of such estate and is recorded as aforesaid;

and such revenue is settled, but not permanently- five times the revenue so payable;

(c) where the land pays no such revenue, or has been partially exempted from such payment, or is charged with any fixed payment in lieu of such revenue,

and net profits have arisen from the land during the year next before the date of presenting the plaint--

fifteen times such net profits;

but where no such net profits have arisen therefrom-the amount at which the Court shall estimate the land with reference to the value of similar land in the neighbourhood;

(d) where the land forms part of an estate paying revenue to Government, but is not a definite share of such estate and is not separately assessed as above-mentioned-the market-value of the land:

proviso as to Bombay presidency;-Provided that, in the territories subject to the2Governor of Bombay in Council, the value of the land shall be deemed to be-

(1) where the land is held on settlement for a period not exceeding thirty years and pays the full assessment to Government-a sum equal to five times the survey-assessment;

(2) where the land is held on a permanent settlement, or on a settlement for any period exceeding thirty years, and pays the full assessment to Government-a sum equal to ten times the survey-assessment; and

(3) where the whole or any part of the annual survey-assessment is remitted-sum computed under paragraph (1) or paragraph (2) of this proviso, as the case may be, in addition to ten times the assessment, or the portion of assessment, so remitted.

Explanation. -- The word "estate", as used in this paragraph, means any land subject to the payment of revenue, for which the proprietor or a farmer or ryot shall have executed a separate engagement to Government, or which, in the absence of such engagement, shall have been separately assessed with revenue;

(e) for houses and gardens;-where the subject-matter is a house or garden-according to the market-value of the house or garden;

(vi ) to enforce a right of pre-emption;-In suits to enforce a right of pre-emption-according to the value [computed in accordance with paragraph (v) of this section] of the land, house or garden in respect of which the right is claimed;

(vii) for interest assignee of land revenue; In suits for the interest of an assignee of land-revenue-fifteen times his net profits as such for the year next before the date of presenting the plaint:

(viii) to set aside an attachment; In suits to set aside an attachment of land or of an interest in land or revenue-according to the amount for which the land or interest was attached:

Provided that, where such amount exceeds the value of the land or interest, the amount of fee shall be computed as if the suit were for the possession of such land or interest;

(ix) to redeem; In suits against a mortgagee for the recovery of the property mortgaged, to foreclose; and in suits by a mortgagee to foreclose the mortgage, or, where the mortgage is made by conditional sale, to have the sale declared absolute-- according to the principal money expressed to be secured by the instrument of mortgage;

(x) for specific performance;-In suits for specific performance--

(a) of a contract of sale-according to the amount of the consideration;

(b) of a contract of mortgage-according to the amount agreed to be secured;

(c) of a contract of lease-according to the aggregate amount of the fine or premium (if any) and of the rent agreed to be paid during the first year of the term;

(d) of an award-according to the amount or value of the property in dispute;

(xi) between landlord and tenant.-In the following suits between landlord and tenant:--

(a) for the delivery by a tenant of the counterpart of a lease,

(b) to enhance the rent of a tenant having a right of occupancy,

(c) for the delivery by a landlord to a lease,

3[(cc) for the recovery of immoveable property from a tenant, including a tenant holding over after the determination of a tenancy,]

(d) to contest a notice of ejectment.

(e) to recover the occupancy of 4[immovable property] from which a tenant has been illegally ejected by the landlord, and

(f) for abatement of rent--

according to the amount of the rent of the4[immovable property] to which the suit refers, payable for the year next before the date of presenting the plaint.

1. The words "and the provision of the Code of Civil Procedure, section thirty-one, shall apply as if, for the word 'claim,' the words 'relief sought' were substituted" rep. by Act 12 of 1891, Section 2 and Schedule I.

2. See paragraph 8 of the A.O. 1937. In view of this provision the expression "Govemor of Bombay in Council" has been left unmodified.

3. Inserted by Act 6 of 1905, Section 2(1)

4. Substituted by Section 2(2), by Act 6 of 1905, for "land".


Section 8. Fee on memorandum of appeal against order relating to compensation

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 1acquisition of land for public purposes, shall be computed according to the difference between the amount awarded and the amount claimed by the appellant 2[:]

3[Provided that the fixed Court fee of one hundred rupees shall be payable on the memorandum of appeal or cross objections before the High court arising under the Land Acquisition Act, 1894 or any other law for the time being in force for acquisitions of land for public purposes.]

1. See now the Land Acquisition Act, 1894 (1 of 1894)

2. Substituted by the Court Fees (Punjab amendment) Act, 1999 vide Notification No. G.S.R.(E) dated 20.07.2009 for the figure : - "."

3. Inserted by the Court Fees (Punjab amendment) Act, 1999 vide Notification No. G.S.R.(E) dated 20.07.2009.


Section 9. Power to ascertain net profits or market value

If the Court sees reason to think that the annual net profits or the a market-value of any such land, house or garden as is mentioned in section 7, paragraphs (v) and (vi), have or has been wrongly estimated, the Court may, for the purpose of computing the fee payable in any suit therein mentioned, issue a commission to any proper person directing him to make such local or other investigation as may be necessary, and to report thereon to the Court.

Section 10. Procedure where net profits or market-value wrongly estimated

(i) If in the result of any such investigation the Court finds that the net profits or market-value have or has been wrongly estimated, the Court, if the estimation has been excessive, may in its discretion refund the excess paid as such fee: but, if the estimation has been insufficient, the Court shall require the plaintiff to pay so additional fee as would have been payable had the said market-value or net profits been rightly estimated.

(ii) In such case the suit shall be stayed until the additional fee is paid. If the additional fee is not paid within such time as the Court shall fix, the suit shall be dismissed.

1[* * * * *]

1. Clause (iii) rep. by Act 12 of 1891, Section 2 and Schedule I.