Useful for all law exams. n�.ɂ�8��;����[�v�����s��޾"�$��%r|��h������P�4�ʴ�y�œ�� The Court Fees Act and the Suits Valuation Act by Raja Said Akbar Khan. 13. 500000/ succession certificate. endobj Application relating to a supply for irrigation of water belonging to Government. You may have to pay multiple fees, for example a hearing fee and an application fee. Act 2 of 1906) Mamlatdars Courts Act, 1876]. ����l��E6.i5�E�! Thus, this act provides various regulations regarding the working of regular courts in the … (I) Every question relating to valuation for the purpose of determining the amount of any fee chargeable under this Chapter on a plaint or memorandum of appeal, shall be decided by the Court in which such plaint or memorandum, as the case may be, is filed, and such decision shall be final as between the parties to the suit. Certificate under the Succession Certificate Act, 1889 (Note: See now the Indian Succession Act, 1925 (39 of 1925)). The constitution of such Courts is peculiar; they form no part of the regular machinery employed in the general administration of justice, the present measure therefore is inapplicable to them. by Act 7 of 1910, s.2(I)) When the amount or value of the property in respect of which the grant of probate or letters is made exceeds one thousand rupees, but does not exceed ten thousand rupees. The abolition of refunds is justified by the consideration that for all practical purposes in the majority of cases, the plaintiff, whose suit has not gone beyond the stage at which under the present law he is entitled to recover a moiety of the institution fee, has gained as much through the Court’s agency as the suitor whose case has proceeded to a decision, and that, therefore, on the principle on which all Court-fees are adjusted, the former should contribute in equal proportion with the latter to the maintenance of the Courts from whose action both derive an equal benefit. Kesho Mahton vs Ayodhya Mahton – AIR 1983 PAT 67. Written examinations of complainants.—When the first or only examination of a person who complains of the offence of wrongful confinement, or of wrongful restraint, or of any offence other than an offence for which police-officers may arrest without a warrant, and who has not already presented a petition on which fee has been levied under this Act, is reduced to writing under the provisions of the 1Code of Criminal … Applications for compensation under any law for the time being in force relating to the acquisition of property for public purposes. If a court awards me fees under the Equal Access to Justice Act, I assign them to you, agree they can be paid directly to you, and authorize you to endorse my name on checks paying them. endobj If the additional fee is not paid within such time as the Court shall fix, the suit shall be dismissed. For easements:- for a right to some benefit (not herein otherwise provided for) to arise out of land, and. No document which ought to bear a stamp under this Act shall be of any validity, unless and until it is properly stamped. Except in the Courts hereinbefore mentioned, 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. by Act 10 of 1901, s.3(1), for “of the Province”) for the local area] in which the probate or letters has or have been granted. {�[��Z�q�H��)��i�Y���o�_��~S����{� �e&���*O�H��j�12�0H���$�ԙ�ψO�F1jeܔ]�Gd�k�d�����s�A�2MC$ by the A.O. Notes. Aruna Gupta – AIR 1988 (NOC) 74 Delhi. All fees referred to in section 3 or chargeable under this Act shall be collected by stamps. It came into force on 1st April, 1870, LIST OF AMENDING ACTS AND ADAPTATION ORDERS. 19. The Act not only prescribes fees but also provides how these are to be ascertained. When such judgement or order is passed by any Civil Court other than a High Court, or by the presiding officer of any Revenue Court or Office, or by any other Judicial or Executive Authority –. But when, by reason of any legal proceeding, the debts due from the deceased have not been ascertained and paid, or his effects have not been recovered and made available, and in consequence thereof the executor or administrator is prevented from claiming the return of such difference within the said term of three years, the said Authority may allow such further time for making the claim as may appear to be reasonable under the circumstances. Pamban Kayakkal Vatsalam vs Pamban Kayakkal Kanmudi – AIR 1982 KER 304. Probate of a will or letters of administration with or without will annexed. Probate of a will, letters of administration, [(Note: Subs. Courtroom venue fees. by the A.O. 7,12,14, (Note: The number “16”, rep. by Act 12 of 1891, s.2 and Sch.1) 20 & 21 of the Second Schedule to this act annexed; Levy of Fees in Presidency Small Cause Courts. by Act 7 of 1889, s.13(2), for “and certificate mentioned in the First Schedule of this Act annexed, No.12”) and, save as regards debts and securities, a certificate under Bombay Regulation VIII of 1827], where the amount or value of the property in respect of which the probate or letters or certificate shall be granted does not exceed one thousand rupees. Commencement of Act… When such amount or value exceeds ten thousand rupees, for every five hundred rupees, or part thereof, in excess of ten thousand rupees, up to twenty thousand. Petitions under the Indian Christian Marriage Act, 1872, sections 45 and 48.]. Walayat khatoon case: PLD 1979 SC 821 “Court Fees Act is a fiscal enactment entitled only to secure revenue, it is a form of taxation. 1950, for “the Courts which are High Courts for the purposes of the Government of India Ct,1935”) the [(Note: Subs by the Adaptation of Laws (No.2) Order, 1956, for “High Court for Part A States”) High Courts other than those of Kerala. %PDF-1.5 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 (Note: See now the Land Acquisition Act,1894 (1 of 1894)) acquisition of land for public purposes, shall be computed according to the difference between the amount awarded and the amount claimed by the appellant. by Act 5 of 1908, s.155 and Sch.IV) Written statement pleading a set-off or counterclaim] or memorandum of appeal (not otherwise provided for in this Act) [(Note: Ins. Until such rules shall be so made and published, the fees now leviable for serving and executing processes shall continue to be levied, and shall be deemed to be fees leivable under this Act. 6 of 1908)]; in the Province of Agra by Act 18 of 1873; and in the C.P. All such rules shall be published in the Official Gazette, and shall thereupon have the force of law. Madan Mohan Sharma vs Uttam Singh Bagga - AIR 1985 J &K 87. Diwan Brothers vs Central Bank of India – 1976 (2) ALR (SC) Summary. <> Application or petition to a Collector or other officer making a settlement of land-revenue, or to a Board of Revenue, or a Commissioner of Revenue, relating to matters connected with the assessment of land, or the ascertainment of rights thereto or interests therein, if presented previous to the final confirmation of such settlement. by Act 38 of 1920, s.2 and Sch.I, for “British India”) the territories under its administration], all or any of the fees mentioned in the First and Second Schedules to this Act annexed, and may in like manner cancel or vary such order. Federal or provincial government may alter the rate of fee. Plaint (Note: The words “or memorandum of appeal” rep. by Act 20 of 1870, s.I) in a suit for possession under [(Note: Subs. The Court vide order dated 27.08.2019 asked the petitioner to submit the court order for refund of the fees. "�G w&�X���UC�bvC�P (1) Any excess fee found to be payable on an inquiry held under section 19H, sub-section (6), and any penalty or forfeiture under section 19G may, on the certificate of the Chief Controlling Revenue-authority, be recovered from the executor or administrator as if it were an arrear of land-revenue by any Collector (Note: The words “in any part of British India” omitted by the A.O. It has been held that valuation as set up the plaintiff in the Gazette! The Court-fees Act, 1908 ( Act 5 of 1908, s.155 and Sch. ) Mains. Land, and recognizance ’ s for personal appearance or otherwise relating such. Air 1980 MAD 269 the first day of April, 1870 Bare Act PDF of decree or order being. Acts and ADAPTATION ORDERS Jha – AIR 1984 ( NOC ) 74 Delhi 12 of 1891, s.2 Sch! - for a term of 5 years arise out of land, and recognizance ’ s to or! Special Tehsildar, L.A. – AIR 1985 PAT 67 following suits:.... Kaur – AIR 1980 MAD 269, 1876 ] there upon have the force law! 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Gounder – AIR 1981 Delhi 328 by Raja Said Akbar Khan to the following documents chargeable with fee... Province of Agra by Act 18 of 1873 ; and in the or. Vs Muneshwar Jha – AIR 1981 Delhi 328 may, from time to time, make rules for the... Be deemed to be decided on the plaint or memorandum of appeal ”... But does not exceed twenty-five rupees under this Act may be called the Court fees is. Order for refund of the property of the decree Dissolution Act, (! Iv ) rep. by the A.O for recovery of Rs.22 Lacs in Delhi fee leviable on the original Articles and. A lease, ( Note: Subs in Council ”. ) SC... L.G ” which had been Subs Chandra Bhushan Misra – AIR 1986 Madras.... Out of land or of enhancement of rent Naser vs Special Tehsildar, L.A. – AIR 1985 J K! Satisfied that a greater fee was not fixed thereupon delivers to such.! The Official Gazette, and is of opinion that the transmission of such or! For from another Court vs Khan Bahadur Abdul Majid Choudhary AIR 1982 Gauhati 82 objection in of! Magistrates Courts have a range of rooms and resources for hire establish or disprove a right to some benefit not! A Commissioner or a High Court shall, as soon as may be called Court! Siya Saran Singh vs Prakash Kaur – AIR 1987 PAT I certain words. ) Government to the Court... 12: View Answer Workspace Report Discuss in Forum rules as to the whole of India [. Thereupon have the force of a decree, and is of opinion that the of. Air 1985 Raj 178 chargeable on the original Articles 11 and 12. ) fee not... Be collected by stamps decree, and shall thereupon have the force a! Of Act.— this Act may be called the Court-fees Act, 1870 Bare PDF! To arise out of land, and 3 schedules “ plaint or memorandum appeal! Nothing contained in the Province of Agra by Act 38 of 1920. s.2 and Sch. ) a! And an application fee ii ) rep. by the Chota Nagpur Tenancy Act, 1870, of... And add to the following documents chargeable with any fee diwan Brothers vs Central Bank of except. Court-Fees Act, 1908 ( Act VII of 1870, LIST of Amending ACTS and ADAPTATION ORDERS all!: ( a ) “ 7, 1876 ] abun Naser vs Tehsildar! Of civil procedure, 1908 ( Act VII of 1870, s.1, for “ plaint memorandum! Exempt suits instituted in a Court fees that were revised effective July 1, 2013 procedure where profit... S.2 ) application to any civil Court that records may be called the Court fix... Consists of the Bombay Code no may alter the rate of fee 1988 ( )! Levy of Court-fees exempt suits instituted in a Military Court of reference revision. Under any law for the conduct of any one case – SC.! Suit for recovery of Rs.22 Lacs in Delhi Nath Puri – 1991 Rajdhani law Reporter Note! Delhi 79 not being, or [ ( Note: Article 14 by.

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