THE COURT-FEES ACT, 1870

PREAMBLE

What is the subject matter of the Court-Fees Act, 1870?

An Act to amend the law relating to court-fees.

What is the Act number of the Court-Fees Act, 1870?

The Court-Fees Act, 1870 is Act No. 7 of 1870.

On what date was the Court-Fees Act, 1870 enacted?

The Court-Fees Act, 1870 was enacted on 11th March, 1870.

CHAPTER I

PRELIMINARY

What is the subject matter of Section 1 of the Court-fees Act, 1870?

Short title, extent and commencement of the Court-fees Act, 1870.

What may the Act be called under Section 1?

The Act may be called the Court-fees Act, 1870.

What is the extent of the Court-fees Act, 1870 under Section 1?

The Act extends to the whole of India except the territories which, immediately before the 1st November, 1956, were comprised in Part B States.

When shall the Court-fees Act, 1870 come into force under Section 1?

The Act shall come into force on the first day of April, 1870.

What is the subject matter of Section 1A of the Court-fees Act, 1870?

Definition of “appropriate Government”.

What is meant by “appropriate Government” under Section 1A?

“Appropriate Government” means "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.

What is the subject matter of Section 2 of the Court-fees Act, 1870?

Definition of “Chief Controlling Revenue-authority”.

What is the status of Section 2 of the Court-fees Act, 1870?

Section 2 was repealed by the Adaptation of Orders, 1937.

CHAPTER II

FEES IN THE HIGH COURTS AND IN THE COURTS OF SMALL CAUSES

What is the subject matter of Section 3 of the Court-fees Act, 1870?

Levy of fees in High Courts on their original sides and in Presidency Small Cause Courts.

What fees are payable under Section 3 in the High Courts on their original sides?

The fees payable for the time being to the clerks and officers other than the Sheriffs and attorneys of the High Courts other than those of Kerala, Mysore and Rajasthan are payable under Section 3.

Under Section 3, which schedule entries govern the fees chargeable in the High Courts on their original sides?

Fees chargeable under No. 11 of the first schedule and Nos. 7, 12, 14, 20 and 21 of the second schedule govern such fees.

What fees are chargeable under Section 3 in the Courts of Small Causes at the presidency-towns?

The fees for the time being chargeable in the Courts of Small Causes at the presidency-towns and their several offices are chargeable under Section 3.

How shall the fees referred to in Section 3 be collected?

The fees referred to in Section 3 shall be collected in the manner thereafter appearing.

What is the subject matter of Section 4 of the Court-fees Act, 1870?

Fees on documents filed, exhibited, recorded, received or furnished in High Courts in their extraordinary jurisdiction.

What restriction is imposed under Section 4 regarding documents specified in the first or second schedule?

No document of any kind specified in the first or second schedule as chargeable with fees shall be filed, exhibited, recorded, received or furnished unless the prescribed fee is paid.

To which jurisdiction of the High Courts does the first paragraph of Section 4 apply?

The first paragraph of Section 4 applies to cases coming before the High Courts in the exercise of their extraordinary original civil jurisdiction.

To which criminal jurisdiction does Section 4 apply?

Section 4 applies to cases coming before the High Courts in the exercise of their extraordinary original criminal jurisdiction.

What appellate jurisdiction is covered under Section 4?

Section 4 applies to appeals from 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.

What appeals from subordinate Courts are covered under Section 4?

Section 4 applies to appeals from the Courts subject to the superintendence of the High Court.

What revisional and reference jurisdiction is covered under Section 4?

Section 4 applies to the exercise of jurisdiction as a Court of reference or revision.

What condition regarding court-fees is imposed under the concluding paragraph of Section 4?

A fee of an amount not less than that indicated by either the first or second schedule as the proper fee for such document must be paid in respect of the document.

What is the subject matter of Section 5 of the Court-fees Act, 1870?

Procedure in case of difference as to necessity or amount of fee.

Between whom may a difference arise under Section 5 regarding court-fees?

A difference may arise between the officer whose duty it is to see that any fee is paid under this Chapter and any suitor or attorney.

What matters may give rise to a difference under Section 5?

A difference may arise as to the necessity of paying a fee or the amount thereof.

To whom shall a question be referred under the first paragraph of Section 5 when the difference arises in any of the High Courts?

The question shall be referred to the taxing-officer.

What is the effect of the decision of the taxing-officer under the first paragraph of Section 5?

The decision of the taxing-officer shall be final.

Under what circumstance shall the taxing-officer refer a question under Section 5 to the Chief Justice or a Judge appointed by him?

The taxing-officer shall refer the question when it is, in his opinion, one of general importance.

To whom shall the taxing-officer refer a question of general importance under Section 5?

The taxing-officer shall refer it to the final decision of the Chief Justice of the High Court or of such Judge of the High Court as the Chief Justice shall appoint either generally or specially in this behalf.

To whom shall a question be referred under the second paragraph of Section 5 when the difference arises in any Court of Small Causes?

The question shall be referred to the Clerk of the Court.

What is the effect of the decision of the Clerk of the Court under the second paragraph of Section 5?

The decision of the Clerk of the Court shall be final.

Under what circumstance shall the Clerk of the Court refer a question under Section 5 to the first Judge of the Court?

The Clerk of the Court shall refer the question when it is, in his opinion, one of general importance.

To whom shall the Clerk of the Court refer a question of general importance under Section 5?

The Clerk of the Court shall refer it to the final decision of the first Judge of such Court.

What duty is imposed upon the Chief Justice under the last paragraph of Section 5?

The Chief Justice shall declare who shall be taxing-officer within the meaning of the first paragraph of Section 5.

CHAPTER III

FEES IN OTHERCOURTS AND IN PUBLIC OFFICES

What is the subject matter of Section 6 of the Court-fees Act, 1870?

Fees on documents filed, exhibited or recorded in Mufassal Courts or in public offices.

To which Courts does Section 6 apply?

Section 6 applies to Courts other than the Courts hereinbefore mentioned.

What restriction is imposed under Section 6 regarding documents specified in the first or second schedule?

No document of any of the kinds specified as chargeable in the first or second schedule shall be filed, exhibited or recorded in any Court of Justice or received or furnished by any public officer unless the prescribed fee is paid.

What classes of authorities are covered under Section 6 for filing, exhibiting, recording, receiving or furnishing documents?

Courts of Justice and public officers are covered under Section 6.

What condition regarding payment of fee is imposed under Section 6?

A fee of an amount not less than that indicated by either the first or second schedule as the proper fee for such document must be paid in respect of the document.

What is the subject matter of Section 7 of the Court-fees Act, 1870?

Computation of fees payable in certain suits.

How shall the amount of fee be computed under Section 7(i) in suits for money?

The fee shall be computed according to the amount claimed.

What kinds of suits are included within suits for money under Section 7(i)?

Suits for damages or compensation, or arrears of maintenance, annuities or other sums payable periodically are included within suits for money.

How shall the amount of fee be computed under Section 7(ii) in suits for maintenance, annuities or other sums payable periodically?

The fee shall be computed according to the value of the subject-matter of the suit.

How shall the value of the subject-matter be deemed under Section 7(ii)?

The value shall be deemed to be ten times the amount claimed to be payable for one year.

How shall the amount of fee be computed under Section 7(iii) in suits for movable property having a market-value?

The fee shall be computed according to the market-value of the subject-matter at the date of presenting the plaint.

To what movable property does Section 7(iii) apply?

Section 7(iii) applies to movable property other than money where the subject-matter has a market-value.

What suits are covered under Section 7(iv)(a)?

Suits for movable property where the subject-matter has no market-value, as for instance in the case of documents relating to title, are covered under Section 7(iv)(a).

What suits are covered under Section 7(iv)(b)?

Suits to enforce the right to share in any property on the ground that it is joint family property are covered under Section 7(iv)(b).

What suits are covered under Section 7(iv)(c)?

Suits to obtain a declaratory decree or order where consequential relief is prayed are covered under Section 7(iv)(c).

What suits are covered under Section 7(iv)(d)?

Suits to obtain an injunction are covered under Section 7(iv)(d).

What suits are covered under Section 7(iv)(e)?

Suits for a right to some benefit not otherwise provided for to arise out of land are covered under Section 7(iv)(e).

What suits are covered under Section 7(iv)(f)?

Suits for accounts are covered under Section 7(iv)(f).

How shall the amount of fee be computed under Section 7(iv)?

The fee shall be computed according to the amount at which the relief sought is valued in the plaint or memorandum of appeal.

What duty is imposed upon the plaintiff under Section 7(iv)?

The plaintiff shall state the amount at which he values the relief sought.

How shall the amount of fee be computed under Section 7(v) in suits for possession of land, houses and gardens?

The fee shall be computed according to the value of the subject-matter.

How shall the value of the subject-matter be deemed under Section 7(v)?

The value shall be deemed in accordance with clauses (a), (b), (c) and (d) of Section 7(v).

Under Section 7(v)(a), when shall the value of land be deemed to be ten times the revenue payable?

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 separately assessed with such revenue, and such revenue is permanently settled.

What lands are covered under Section 7(v)(a)?

Land forming an entire estate, a definite share of an estate paying annual revenue to Government, or part of such estate separately assessed with such revenue are covered under Section 7(v)(a).

Under Section 7(v)(b), when shall the value of land be deemed to be five times the revenue payable?

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 separately assessed, and such revenue is settled but not permanently.

What lands are covered under Section 7(v)(b)?

Land forming an entire estate, a definite share of an estate paying annual revenue to Government, or part of such estate separately assessed where the revenue is settled but not permanently are covered under Section 7(v)(b).

Under Section 7(v)(c), how shall the value of land be determined where the land pays no revenue or has been partially exempted or charged with a fixed payment in lieu of revenue and nett profits have arisen?

The value shall be deemed to be fifteen times the nett profits arising from the land during the year next before the date of presenting the plaint.

Under Section 7(v)(c), how shall the value of land be determined where no nett profits have arisen from the land?

The value shall be the amount at which the Court shall estimate the land with reference to the value of similar land in the neighbourhood.

What lands are covered under Section 7(v)(c)?

Land paying no revenue to Government, land partially exempted from such payment or land charged with a fixed payment in lieu of such revenue are covered under Section 7(v)(c).

Under Section 7(v)(d), how shall the value of land be determined where the land forms part of an estate paying revenue to Government but is not a definite share and is not separately assessed?

The value shall be the market-value of the land.

What lands are covered under Section 7(v)(d)?

Land forming part of an estate paying revenue to Government but not constituting a definite share and not separately assessed is covered under Section 7(v)(d).

What is provided in the proviso to Section 7(v) regarding valuation of land in territories subject to the Governor of Bombay in Council?

In the territories subject to the Governor of Bombay in Council, the value of the land shall be deemed in accordance with clauses (1), (2) and (3) of the proviso.

Under clause (1) of the proviso to Section 7(v), how shall the value of land be computed where the land is held on settlement for a period not exceeding thirty years and pays the full assessment to Government?

The value shall be deemed to be a sum equal to five times the survey-assessment.

Under clause (2) of the proviso to Section 7(v), how shall the value of land be computed where the land is held on a permanent settlement or on a settlement exceeding thirty years and pays the full assessment to Government?

The value shall be deemed to be a sum equal to ten times the survey-assessment.

Under clause (3) of the proviso to Section 7(v), how shall the value of land be computed where the whole or any part of the annual survey-assessment is remitted?

The value shall be a sum computed under paragraph (1) or paragraph (2) of the proviso, as the case may be, in addition to ten times the assessment or portion of assessment so remitted.

What is meant by “estate” under the Explanation to Section 7(v)?

“Estate” means any land subject to the payment of revenue for which the proprietor or a farmer or raiyat shall have executed a separate engagement to Government or which, in the absence of such engagement, shall have been separately assessed with revenue.

How shall the amount of fee be computed under Section 7(v)(e) where the subject-matter is a house or garden?

The fee shall be computed according to the market-value of the house or garden.

How shall the amount of fee be computed under Section 7(vi) in suits to enforce a right of pre-emption?

The fee shall be computed according to the value of the land, house or garden in respect of which the right is claimed, computed in accordance with Section 7(v).

How shall the amount of fee be computed under Section 7(vii) in suits for the interest of an assignee of land revenue?

The fee shall be computed at fifteen times his net profits as such for the year next before the date of presenting the plaint.

How shall the amount of fee be computed under Section 7(viii) in suits to set aside an attachment of land or of an interest in land or revenue?

The fee shall be computed according to the amount for which the land or interest was attached.

What is provided in the proviso to Section 7(viii) where the amount for which land or interest was attached exceeds its value?

The amount of fee shall be computed as if the suit were for the possession of such land or interest.

How shall the amount of fee be computed under Section 7(ix) in suits against a mortgagee for recovery of mortgaged property?

The fee shall be computed according to the principal money expressed to be secured by the instrument of mortgage.

How shall the amount of fee be computed under Section 7(ix) in suits by a mortgagee to foreclose the mortgage or to have a conditional sale declared absolute?

The fee shall be computed according to the principal money expressed to be secured by the instrument of mortgage.

How shall the amount of fee be computed under Section 7(x)(a) in suits for specific performance of a contract of sale?

The fee shall be computed according to the amount of the consideration.

How shall the amount of fee be computed under Section 7(x)(b) in suits for specific performance of a contract of mortgage?

The fee shall be computed according to the amount agreed to be secured.

How shall the amount of fee be computed under Section 7(x)(c) in suits for specific performance of a contract of lease?

The fee shall be computed 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.

How shall the amount of fee be computed under Section 7(x)(d) in suits for specific performance of an award?

The fee shall be computed according to the amount or value of the property in dispute.

What is the subject matter of Section 7(xi)?

Computation of fees in certain suits between landlord and tenant.

What suits are covered under Section 7(xi)(a)?

Suits for the delivery by a tenant of the counterpart of a lease are covered under Section 7(xi)(a).

What suits are covered under Section 7(xi)(b)?

Suits to enhance the rent of a tenant having a right of occupancy are covered under Section 7(xi)(b).

What suits are covered under Section 7(xi)(c)?

Suits for the delivery by a landlord of a lease are covered under Section 7(xi)(c).

What suits are covered under Section 7(xi)(cc)?

Suits for the recovery of immovable property from a tenant, including a tenant holding over after the determination of a tenancy, are covered under Section 7(xi)(cc).

What suits are covered under Section 7(xi)(d)?

Suits to contest a notice of ejectment are covered under Section 7(xi)(d).

What suits are covered under Section 7(xi)(e)?

Suits to recover the occupancy of immovable property from which a tenant has been illegally ejected by the landlord are covered under Section 7(xi)(e).

What suits are covered under Section 7(xi)(f)?

Suits for abatement of rent are covered under Section 7(xi)(f).

How shall the amount of fee be computed under Section 7(xi) in suits between landlord and tenant?

The fee shall be computed according to the amount of the rent of the immovable property to which the suit refers payable for the year next before the date of presenting the plaint.

What is the subject matter of Section 8 of the Court-fees Act, 1870?

Fee on memorandum of appeal against order relating to compensation.

On what document is fee payable under Section 8?

Fee is payable on a memorandum of appeal against an order relating to compensation.

To what kind of compensation order does Section 8 apply?

Section 8 applies to an order relating to compensation under any Act for the time being in force for the acquisition of land for public purposes.

How shall the amount of fee be computed under Section 8?

The amount of fee shall be computed according to the difference between the amount awarded and the amount claimed by the appellant.

What is the subject matter of Section 9 of the Court-fees Act, 1870?

Power to ascertain nett profits or market-value.

Under what circumstance may the Court act under Section 9?

The Court may act when it sees reason to think that the annual nett profits or the market-value of any land, house or garden mentioned in Section 7(v) and (vi) have or has been wrongly estimated.

What power is conferred upon the Court under Section 9 for computing the fee payable?

The Court may 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.

For what purpose may the Court issue a commission under Section 9?

The commission may be issued for the purpose of computing the fee payable in any suit mentioned in Section 7(v) and (vi).

To whom may the Court issue a commission under Section 9?

The Court may issue a commission to any proper person.

What investigation may be directed under Section 9?

Such local or other investigation as may be necessary may be directed under Section 9.

What duty is imposed upon the person to whom a commission is issued under Section 9?

The person shall make the investigation directed and report thereon to the Court.

What is the subject matter of Section 10 of the Court-fees Act, 1870?

Procedure where net profits or market-value wrongly estimated.

What finding must the Court make under Section 10(i) before taking action regarding court-fee?

The Court must find in the result of the investigation that the net profits or market-value have or has been wrongly estimated.

What power is conferred upon the Court under Section 10(i) where the estimation has been excessive?

The Court may in its discretion refund the excess paid as fee.

What duty is imposed upon the Court under Section 10(i) where the estimation has been insufficient?

The Court shall require the plaintiff to pay so much additional fee as would have been payable had the market-value or nett profits been rightly estimated.

What amount of additional fee is payable under Section 10(i) where the estimation has been insufficient?

Such additional fee as would have been payable had the market-value or nett profits been rightly estimated is payable.

What is the effect on the suit under Section 10(ii) when additional fee becomes payable?

The suit shall be stayed until the additional fee is paid.

What consequence follows under Section 10(ii) if the additional fee is not paid within the time fixed by the Court?

The suit shall be dismissed if the additional fee is not paid within such time as the Court shall fix.

Who fixes the time for payment of additional fee under Section 10(ii)?

The Court shall fix the time for payment of the additional fee.

What is the subject matter of Section 11 of the Court-fees Act, 1870?

Procedure in suits for mesne profits or account when amount decreed exceeds amount claimed.

To what suits does the first paragraph of Section 11 apply?

The first paragraph applies to suits for mesne profits, suits for immovable property and mesne profits, and suits for an account.

Under what circumstance does Section 11 require payment of additional fee before execution of decree?

Section 11 applies where the profits or amount decreed are or is in excess of the profits claimed or the amount at which the plaintiff valued the relief sought.

What restriction is imposed under the first paragraph of Section 11 regarding execution of decree?

The decree shall not be executed until the difference between the fee actually paid and the fee which would have been payable had the suit comprised the whole of the profits or amount so decreed has been paid to the proper officer.

What additional fee is payable under the first paragraph of Section 11?

The difference between the fee actually paid and the fee which would have been payable had the suit comprised the whole of the profits or amount so decreed is payable.

To whom shall the additional fee under the first paragraph of Section 11 be paid?

The additional fee shall be paid to the proper officer.

What circumstance relating to mesne profits is dealt with in the second paragraph of Section 11?

The second paragraph deals with cases where the amount of mesne profits is left to be ascertained in the course of execution of the decree.

What consequence follows under the second paragraph of Section 11 if the mesne profits ascertained exceed the profits claimed?

The further execution of the decree shall be stayed until the difference between the fee actually paid and the fee which would have been payable had the suit comprised the whole of the profits so ascertained is paid.

What additional fee is payable under the second paragraph of Section 11?

The difference between the fee actually paid and the fee which would have been payable had the suit comprised the whole of the profits so ascertained is payable.

What consequence follows under the second paragraph of Section 11 if the additional fee is not paid within the time fixed by the Court?

The suit shall be dismissed if the additional fee is not paid within such time as the Court shall fix.

Who fixes the time for payment of additional fee under the second paragraph of Section 11?

The Court shall fix the time for payment of the additional fee.

What is the subject matter of Section 12 of the Court-fees Act, 1870?

Decision of questions as to valuation.

What questions are required to be decided under Section 12(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 is required to be decided under Section 12(i).

Which Court shall decide questions relating to valuation under Section 12(i)?

The Court in which the plaint or memorandum of appeal is filed shall decide such questions.

What is the effect of a decision under Section 12(i)?

The decision shall be final as between the parties to the suit.

Under what circumstance may a Court of appeal, reference or revision act under Section 12(ii)?

The Court may act if it considers that the question relating to valuation has been wrongly decided to the detriment of the revenue.

What power is conferred upon a Court of appeal, reference or revision under Section 12(ii)?

The Court may require the party by whom the fee has been paid to pay so much additional fee as would have been payable had the question been rightly decided.

What additional fee is payable under Section 12(ii)?

Such additional fee as would have been payable had the question been rightly decided is payable.

To what proceedings does Section 12(ii) apply?

Section 12(ii) applies when the suit comes before a Court of appeal, reference or revision.

What provision applies after additional fee is required under Section 12(ii)?

The provisions of Section 10(ii) shall apply.

What is the subject matter of Section 13 of the Court-fees Act, 1870?

Refund of fee paid on memorandum of appeal.

Under what circumstance shall the Appellate Court grant a certificate under Section 13 relating to a rejected appeal or plaint?

The Appellate Court shall grant a certificate if an appeal or plaint rejected by the lower Court on any of the grounds mentioned in the Code of Civil Procedure is ordered to be received.

Under what circumstance shall the Appellate Court grant a certificate under Section 13 relating to remand of a suit?

The Appellate Court shall grant a certificate if a suit is remanded in appeal on any of the grounds mentioned in section 351 of the Code of Civil Procedure for a second decision by the lower Court.

What authority grants the certificate under Section 13?

The Appellate Court grants the certificate under Section 13.

What does the certificate granted under Section 13 authorize?

The certificate authorizes the appellant to receive back from the Collector the full amount of fee paid on the memorandum of appeal.

From whom may the appellant receive back the fee under Section 13?

The appellant may receive back the fee from the Collector.

What amount may be refunded under Section 13?

The full amount of fee paid on the memorandum of appeal may be refunded.

What is provided in the proviso to Section 13 where the order of remand does not cover the whole subject-matter of the suit?

The certificate shall not authorize the appellant to receive back more than so much fee as would have been originally payable on the part or parts of the subject-matter in respect whereof the suit has been remanded.

How shall the refundable fee be determined under the proviso to Section 13 in case of partial remand?

The refundable fee shall be limited to the fee which would have been originally payable on the part or parts of the subject-matter remanded.

What is the subject matter of Section 14 of the Court-fees Act, 1870?

Refund of fee on application for review of judgment.

Under what circumstance does Section 14 apply to an application for review of judgment?

Section 14 applies where an application for review of judgment is presented on or after the ninetieth day from the date of the decree.

What power is conferred upon the Court under Section 14?

The Court may in its discretion grant the applicant a certificate authorizing him to receive back from the Collector a part of the fee paid on the application.

What condition restricts the grant of certificate under Section 14?

The certificate may be granted unless the delay was caused by the applicant’s laches.

What does the certificate granted under Section 14 authorize?

The certificate authorizes the applicant to receive back from the Collector so much of the fee paid on the application as exceeds the fee which would have been payable had it been presented before the ninetieth day.

From whom may the applicant receive back the excess fee under Section 14?

The applicant may receive back the excess fee from the Collector.

What amount may be refunded under Section 14?

So much of the fee paid on the application as exceeds the fee which would have been payable had it been presented before the ninetieth day may be refunded.

What is the subject matter of Section 15 of the Court-fees Act, 1870?

Refund where Court reverses or modifies its former decision on ground of mistake.

Under what circumstance is an applicant entitled to a certificate under Section 15?

The applicant is entitled to a certificate where an application for review of judgment is admitted and on rehearing the Court reverses or modifies its former decision on the ground of mistake in law or fact.

What authority grants the certificate under Section 15?

The Court grants the certificate under Section 15.

What does the certificate under Section 15 authorize?

The certificate authorizes the applicant to receive back from the Collector so much of the fee paid on the application as exceeds the fee payable on any other application to such Court under the second schedule, No. 1, clause (b) or clause (d).

From whom may the applicant receive back the fee under Section 15?

The applicant may receive back the fee from the Collector.

What amount may be refunded under Section 15?

So much of the fee paid on the application as exceeds the fee payable on any other application to the Court under the second schedule, No. 1, clause (b) or clause (d), may be refunded.

On what ground must the Court reverse or modify its former decision for Section 15 to apply?

The Court must reverse or modify its former decision on the ground of mistake in law or fact.

What limitation is imposed by the second paragraph of Section 15 on entitlement to refund?

The applicant is not entitled to the certificate where the reversal or modification is due wholly or in part to fresh evidence which might have been produced at the original hearing.

What is the subject matter of Section 16 of the Court-fees Act, 1870?

Refund of fee.

Under what circumstance does Section 16 apply?

Section 16 applies where the Court refers the parties to the suit to any one of the modes of settlement of dispute referred to in section 89 of the Code of Civil Procedure, 1908.

Who is entitled to a certificate under Section 16?

The plaintiff is entitled to a certificate under Section 16.

What authority grants the certificate under Section 16?

The Court grants the certificate under Section 16.

What does the certificate under Section 16 authorize?

The certificate authorizes the plaintiff to receive back from the Collector the full amount of the fee paid in respect of the plaint.

From whom may the plaintiff receive back the fee under Section 16?

The plaintiff may receive back the fee from the Collector.

What amount may be refunded under Section 16?

The full amount of the fee paid in respect of the plaint may be refunded.

To which modes of settlement does Section 16 refer?

Section 16 refers to the modes of settlement of dispute referred to in section 89 of the Code of Civil Procedure, 1908.

What is the subject matter of Section 17 of the Court-fees Act, 1870?

Multifarious suits.

What fee is chargeable under Section 17 where a suit embraces two or more distinct subjects?

The plaint or memorandum of appeal shall be chargeable with the aggregate amount of the fees to which plaints or memoranda of appeal in suits embracing separately each of such subjects would be liable under the Act.

How shall the fee be computed under Section 17 in multifarious suits?

The fee shall be computed as the aggregate amount of the fees payable on suits embracing separately each distinct subject.

What documents are chargeable under Section 17 in multifarious suits?

The plaint or memorandum of appeal is chargeable under Section 17.

What saving provision is contained in the second paragraph of Section 17?

Nothing in the former part of Section 17 shall be deemed to affect the power conferred by section 9 of the Code of Civil Procedure.

What is the subject matter of Section 18 of the Court-fees Act, 1870?

Written examinations of complainants.

Under what circumstance is fee payable under Section 18?

Fee is payable when the first or only examination of a person complaining of certain offences is reduced to writing under the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023.

What offences are covered under Section 18?

Offences of wrongful confinement, wrongful restraint, or any offence other than an offence for which police-officers may arrest without a warrant are covered under Section 18.

What condition relating to prior petition applies under Section 18?

The complainant must not have already presented a petition on which a fee has been levied under the Act.

What amount of fee is payable under Section 18?

A fee of eight annas is payable under Section 18.

Under what provision must the examination be reduced to writing for Section 18 to apply?

The examination must be reduced to writing under the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023.

What discretion is conferred upon the Court under Section 18?

The Court may remit the payment of the fee.

What is the subject matter of Section 19 of the Court-fees Act, 1870?

Exemption of certain documents.

What exemption is provided under Section 19 regarding certain documents?

Nothing contained in the Act shall render the documents specified in Section 19 chargeable with any fee.

What document is exempted under Section 19(i)?

A power-of-attorney to institute or defend a suit when executed by a member of any of the Armed Forces of the Union not in civil employment is exempted.

What condition must be satisfied for exemption under Section 19(i)?

The power-of-attorney must be executed by a member of the Armed Forces of the Union not in civil employment.

What document is exempted under Section 19(iii)?

Written statements called for by the Court after the first hearing of a suit are exempted.

What document is exempted under Section 19(v)?

Plaints in suits tried by village Munsifs in the Presidency of Fort St. George are exempted.

What document is exempted under Section 19(vi)?

Plaints and processes in suits before District Panchayats in the same Presidency are exempted.

What document is exempted under Section 19(vii)?

Plaints in suits before Collectors under Madras Regulation 12 of 1816 are exempted.

What document is exempted under Section 19(viii)?

Probate of a will, letters of administration and, save as regards debts and securities, a certificate under Bombay Regulation 8 of 1827 are exempted where the amount or value of the property does not exceed one thousand rupees.

What monetary condition applies for exemption under Section 19(viii)?

The amount or value of the property in respect of which the probate, letters or certificate is granted must not exceed one thousand rupees.

What application is exempted under Section 19(ix)?

An application or petition to a Collector, Board of Revenue, Commissioner of Revenue or other officer making a settlement of land-revenue relating to assessment of land or ascertainment of rights or interests therein is exempted if presented previous to final confirmation of the settlement.

What condition applies for exemption under Section 19(ix)?

The application or petition must be presented previous to the final confirmation of the settlement.

What application is exempted under Section 19(x)?

An application relating to a supply for irrigation of water belonging to Government is exempted.

What application is exempted under Section 19(xi)?

An application for permission to extend cultivation or relinquish land presented to an officer of land-revenue by a person holding land under direct engagement with Government where the revenue is settled but not permanently is exempted.

What condition applies for exemption under Section 19(xi)?

The applicant must hold land under direct engagement with Government and the revenue must be settled but not permanently.

What application is exempted under Section 19(xii)?

An application for service of notice of relinquishment of land or enhancement of rent is exempted.

What document is exempted under Section 19(xiii)?

A written authority to an agent to distrain is exempted.

What application is exempted under Section 19(xiv)?

The first application, other than a petition containing a criminal charge or information, for the summons of a witness or other person to attend to give evidence or produce a document or in respect of production or filing of an exhibit not being an affidavit made for immediate production in Court is exempted.

What exclusion applies to exemption under Section 19(xiv)?

A petition containing a criminal charge or information is excluded from the exemption.

What bonds and recognizances are exempted under Section 19(xv)?

Bail-bonds in criminal cases, recognizances to prosecute or give evidence and recognizances for personal appearance or otherwise are exempted.

What petitions and complaints are exempted under Section 19(xvi)?

A petition, application, charge or information respecting any offence presented, made or laid to or before a police-officer or to or before the Heads of Villages or Village Police in the territories subject to the Governors in Council of Madras and Bombay are exempted.

What petition is exempted under Section 19(xvii)?

A petition by a prisoner or other person in duress or under restraint of any Court or its officers is exempted.

What complaints are exempted under Section 19(xviii)?

A complaint of a public servant as defined in the Bharatiya Nyaya Sanhita, a municipal officer or an officer or servant of a Railway Company is exempted.

What application is exempted under Section 19(xix)?

An application for permission to cut timber in Government forests or otherwise relating to such forests is exempted.

What application is exempted under Section 19(xx)?

An application for the payment of money due by Government to the applicant is exempted.

What petitions of appeal are exempted under Section 19(xxi)?

A petition of appeal against the chaukidari assessment under Act No. 20 of 1856 or against any municipal tax is exempted.

What applications are exempted under Section 19(xxii)?

Applications for compensation under any law for the time being in force relating to the acquisition of property for public purposes are exempted.

What petitions are exempted under Section 19(xxiii)?

Petitions presented to the Special Commissioner appointed under Bengal Act No. 2 of 1869 to ascertain, regulate and record certain tenures in Chota Nagpur are exempted.

CHAPTER IIIA

PROBATES, LETTERS OF ADMINISTRATION AND CERTIFICATES OF ADMINISTRATION

What is the subject matter of Section 19A of the Court-fees Act, 1870?

Relief where too high a court-fee has been paid.

Under what circumstance does Section 19A apply?

Section 19A applies where a person applying for probate of a will or letters of administration has estimated the property of the deceased to be of greater value than it afterwards proved to be and has consequently paid too high a court-fee.

Within what time must the probate or letters be produced under Section 19A?

The probate or letters must be produced within six months after the true value of the property has been ascertained.

To whom must the probate or letters be produced under Section 19A?

The probate or letters must be produced to the Chief Controlling Revenue-authority for the local area in which the probate or letters has or have been granted.

What document must be delivered to the Chief Controlling Revenue-authority under Section 19A?

A particular inventory and valuation of the property of the deceased verified by affidavit or affirmation must be delivered.

What verification is required for the inventory and valuation under Section 19A?

The inventory and valuation must be verified by affidavit or affirmation.

What satisfaction must the Chief Controlling Revenue-authority reach under Section 19A before granting relief?

The Authority must be satisfied that a greater fee was paid on the probate or letters than the law required.

What power is conferred under Section 19A(a)?

The Authority may cancel the stamp on the probate or letters if the stamp has not already been cancelled.

What condition applies to cancellation of stamp under Section 19A(a)?

The stamp must not have already been cancelled.

What power is conferred under Section 19A(b)?

The Authority may substitute another stamp for denoting the court-fee which should have been paid.

What power is conferred under Section 19A(c)?

The Authority may make an allowance for the difference between the stamps as in the case of spoiled stamps or repay the same in money at his discretion.

In what manner may allowance be made under Section 19A(c)?

Allowance may be made as in the case of spoiled stamps.

What discretion is conferred upon the Authority under Section 19A(c)?

The Authority may repay the difference in money at his discretion.

What is the subject matter of Section 19B of the Court-fees Act, 1870?

Relief where debts due from a deceased person have been paid out of his estate.

Under what circumstance may relief be granted under Section 19B?

Relief may be granted where it is proved to the satisfaction of the Authority that an executor or administrator has paid debts due from the deceased to such an amount as reduces the estate to a sum which would have occasioned a lesser court-fee.

What effect must payment of debts have under Section 19B for relief to be granted?

The payment of debts must reduce the amount or value of the estate to a sum which, if it had been the whole gross amount or value of the estate, would have occasioned a less court-fee.

On what documents must excessive court-fee have been paid for Section 19B to apply?

Excessive court-fee must have been paid on the probate or letters of administration granted in respect of the estate.

What power is conferred upon the Authority under Section 19B?

The Authority may return the difference between the fee actually paid and the fee that would have been payable on the reduced value of the estate.

Within what time must the claim for return of difference be made under Section 19B?

The claim must be made within three years after the date of the probate or letters.

What circumstance is dealt with in the proviso to Section 19B?

The proviso deals with cases where legal proceedings prevent ascertainment and payment of debts or recovery and availability of effects within three years.

What circumstances may prevent an executor or administrator from claiming return within three years under the proviso to Section 19B?

Legal proceedings causing debts not to be ascertained and paid or effects not to be recovered and made available may prevent the claim within three years.

What power is conferred upon the Authority under the proviso to Section 19B?

The Authority may allow such further time for making the claim as may appear reasonable under the circumstances.

On what basis may further time be allowed under the proviso to Section 19B?

Further time may be allowed as may appear to be reasonable under the circumstances.

What is the subject matter of Section 19C of the Court-fees Act, 1870?

Relief in case of several grants.

Under what circumstance is no fee chargeable under the first paragraph of Section 19C?

No fee is chargeable where a grant of probate or letters of administration has been or is made in respect of the whole property belonging to an estate and the full fee chargeable under the Act has been or is paid thereon and a like grant is made in respect of the whole or any part of the same property belonging to the same estate.

What condition regarding payment of fee must be satisfied under the first paragraph of Section 19C?

The full fee chargeable under the Act must have been or be paid on the original grant.

To what subsequent grants does the exemption under the first paragraph of Section 19C apply?

The exemption applies when a like grant is made in respect of the whole or any part of the same property belonging to the same estate.

What grants are referred to in Section 19C?

Grants of probate or letters of administration are referred to in Section 19C.

What is provided under the second paragraph of Section 19C where a grant relates to part of an estate?

The amount of fees actually paid under the Act shall be deducted when a like grant is made in respect of property belonging to the same estate identical with or including the property to which the former grant relates.

What amount is deductible under the second paragraph of Section 19C?

The amount of fees actually paid under the Act on the former grant is deductible.

Under what circumstance does deduction of fees arise under the second paragraph of Section 19C?

Deduction arises when a like grant is made in respect of property belonging to the same estate identical with or including the property to which the former grant relates.

What is the subject matter of Section 19D of the Court-fees Act, 1870?

Probates declared valid as to trust-property though not covered by court-fee.

What legal effect is given under Section 19D to probate of a will or letters of administration?

The probate or letters of administration shall be deemed valid and available for recovering, transferring or assigning property possessed or entitled to by the deceased as a trustee.

To whom is the probate or letters of administration declared valid and available under Section 19D?

The probate or letters of administration is declared valid and available to the executors or administrators of the deceased.

What property is covered under Section 19D?

Any movable or immovable property whereof or whereto the deceased was possessed or entitled either wholly or partially as a trustee is covered under Section 19D.

What acts may be done by executors or administrators under Section 19D?

Executors or administrators may recover, transfer or assign the property covered under Section 19D.

What circumstance regarding court-fee does Section 19D address?

Section 19D applies notwithstanding that the amount or value of the trust-property is not included in the amount or value of the estate in respect of which court-fee was paid.

To what grants does Section 19D apply?

Section 19D applies to probate of a will or letters of administration granted heretofore or hereafter.

What is the subject matter of Section 19E of the Court-fees Act, 1870?

Provision for case where too low a court-fee has been paid on probates, etc.

Under what circumstance does Section 19E apply?

Section 19E applies where a person applying for probate or letters of administration has estimated the estate of the deceased to be of less value than it afterwards proved to be and has consequently paid too low a court-fee.

What authority may act under Section 19E?

The Chief Controlling Revenue-authority for the local area in which the probate or letters has or have been granted may act under Section 19E.

What verification is required under Section 19E before action is taken?

The value of the estate of the deceased must be verified by affidavit or affirmation.

What power is conferred upon the Chief Controlling Revenue-authority under Section 19E?

The Authority may cause the probate or letters of administration to be duly stamped on payment of the full court-fee which ought to have been originally paid and the prescribed penalty.

What amount of court-fee is payable under Section 19E?

The full court-fee which ought to have been originally paid in respect of the true value of the estate is payable.

What penalty is payable under Section 19E where the probate or letters are produced within one year from the date of grant?

A penalty of five times the proper court-fee is payable where the probate or letters are produced within one year from the date of grant.

What penalty is payable under Section 19E where the probate or letters are produced after one year from the date of grant?

A penalty of twenty times the proper court-fee is payable where the probate or letters are produced after one year from the date of grant.

How is the penalty computed under Section 19E?

The penalty is computed without any deduction of the court-fee originally paid on the probate or letters.

What condition regarding time is imposed in the proviso to Section 19E?

The application must be made within six months after ascertainment of the true value of the estate and discovery that too low a court-fee was paid.

What satisfaction must the Authority reach under the proviso to Section 19E?

The Authority must be satisfied that the deficient fee was paid due to mistake or ignorance that some particular part of the estate belonged to the deceased and without intention of fraud or delay in payment of proper court-fee.

What grounds relating to mistake are recognised under the proviso to Section 19E?

The deficient fee must have been paid in consequence of a mistake or because it was not known at the time that some particular part of the estate belonged to the deceased.

What intention must be absent under the proviso to Section 19E for remission of penalty?

There must be no intention of fraud or to delay payment of the proper court-fee.

What power is conferred upon the Authority under the proviso to Section 19E?

The Authority may remit the penalty and cause the probate or letters to be duly stamped on payment only of the deficient fee.

What amount is payable after remission of penalty under the proviso to Section 19E?

Only the sum wanting to make up the fee which should have been at first paid is payable.

What is the subject matter of Section 19F of the Court-fees Act, 1870?

Administrator to give proper security before letters stamped under section 19E.

What restriction is imposed under Section 19F before letters of administration may be duly stamped?

The Authority shall not cause the letters of administration to be duly stamped until the administrator has given such security to the Court as ought by law to have been given if the full value of the estate had been ascertained at the time of grant.

To whom must security be given under Section 19F?

Security must be given to the Court by which the letters of administration have been granted.

In what circumstance does Section 19F apply?

Section 19F applies in case of letters of administration on which too low a court-fee has been paid at first.

What standard governs the security to be given under Section 19F?

The security must be such as ought by law to have been given if the full value of the estate of the deceased had been ascertained at the time of grant.

What is the subject matter of Section 19G of the Court-fees Act, 1870?

Executors, etc., not paying full court-fee on probates, etc., within six months after discovery of under-payment.

Under what circumstance does Section 19G apply?

Section 19G applies where too low a court-fee has been paid on any probate or letters of administration due to mistake or ignorance that some particular part of the estate belonged to the deceased.

What duty is imposed upon an executor or administrator under Section 19G?

The executor or administrator must apply to the Authority and pay the amount wanting to make up the proper court-fee.

Within what time must the executor or administrator act under Section 19G?

The executor or administrator must act within six months after discovery of the mistake or discovery of effects not known at the time to have belonged to the deceased.

To whom must application be made under Section 19G?

Application must be made to the said Authority.

What amount must be paid under Section 19G?

The amount wanting to make up the court-fee which ought to have been paid at first on the probate or letters must be paid.

What consequence follows under Section 19G if the executor or administrator fails to comply?

The executor or administrator shall forfeit one thousand rupees and a further sum at the rate of ten percent on the deficient court-fee.

What fixed forfeiture is imposed under Section 19G?

A forfeiture of one thousand rupees is imposed.

What additional forfeiture is imposed under Section 19G?

A further sum at the rate of ten percent on the amount wanting to make up the proper court-fee is imposed.

What is the subject matter of Section 19H of the Court-fees Act, 1870?

Notice of applications for probate or letters of administration to be given to Revenue-authorities, and procedure thereon.

What duty is imposed under Section 19H(1) where an application for probate or letters of administration is made to a Court other than a High Court?

The Court shall cause notice of the application to be given to the Collector.

What duty is imposed under Section 19H(2) where an application for probate or letters of administration is made to a High Court?

The High Court shall cause notice of the application to be given to the Chief Controlling Revenue-authority for the local area in which the High Court is situated.

Which Collector may act under Section 19H(3)?

The Collector within the local limits of whose revenue-jurisdiction the property of the deceased or any part thereof is situated may act under Section 19H(3).

What powers of inspection are conferred upon the Collector under Section 19H(3)?

The Collector may inspect or cause to be inspected and take or cause to be taken copies of the record of any case in which application for probate or letters of administration has been made.

Under what circumstance may the Collector proceed to inquiry under Section 19H(3)?

The Collector may proceed if on inspection or otherwise he is of opinion that the petitioner has under-estimated the value of the property of the deceased.

What powers are conferred upon the Collector under Section 19H(3) when under-valuation is suspected?

The Collector may require attendance of the petitioner either in person or by agent, take evidence and inquire into the matter in such manner as he thinks fit.

What may the Collector require under Section 19H(3) after inquiry into under-valuation?

The Collector may require the petitioner to amend the valuation if he is still of opinion that the property has been under-estimated.

What action may the Collector take under Section 19H(4) if the petitioner does not amend the valuation to his satisfaction?

The Collector may move the Court before which the application was made to hold an inquiry into the true value of the property.

What limitation period is prescribed in the proviso to Section 19H(4)?

No motion shall be made after six months from the date of exhibition of the inventory required by section 277 of the Indian Succession Act, 1865 or section 98 of the Probate and Administration Act, 1881.

What duty is imposed upon the Court under Section 19H(5) when moved by the Collector?

The Court shall hold or cause to be held an inquiry and record a finding as to the true value at which the property should have been estimated.

How shall the Court determine value under Section 19H(5)?

The Court shall determine as near as may be the true value at which the property of the deceased should have been estimated.

What status is conferred upon the Collector under Section 19H(5)?

The Collector shall be deemed to be a party to the inquiry.

What powers are conferred under Section 19H(6) for the purposes of inquiry?

The Court or authorised person may examine the petitioner on oath whether in person or by commission and may take further evidence to prove the true value of the property.

What duty is imposed upon the person authorised to hold inquiry under Section 19H(6)?

The authorised person shall return to the Court the evidence taken and report the result of the inquiry.

What evidentiary value is given under Section 19H(6) to the report and evidence returned?

The report and evidence shall be evidence in the proceeding.

When may the Court record a finding in accordance with the report under Section 19H(6)?

The Court may record a finding in accordance with the report unless it is satisfied that the report is erroneous.

What is the effect of the finding recorded under Section 19H(7)?

The finding recorded under Section 19H(5) shall be final.

What limitation is placed on the finality of finding under Section 19H(7)?

The finding shall not bar the entertainment and disposal by the Chief Controlling Revenue-authority of any application under section 19E.

What rule-making power is conferred under Section 19H(8)?

The State Government may make rules for the guidance of Collectors in the exercise of powers conferred by Section 19H(3).

What is the subject matter of Section 19I of the Court-fees Act, 1870?

Payment of court-fees in respect of probates and letters of administration.

What restriction is imposed under Section 19I(1) before making an order entitling the petitioner to probate or letters of administration?

No such order shall be made until the petitioner has filed in the Court a valuation of the property in the form set forth in the third schedule and the Court is satisfied that the prescribed fee has been paid.

In what form must valuation of property be filed under Section 19I(1)?

The valuation must be filed in the form set forth in the third schedule.

What satisfaction must the Court reach under Section 19I(1)?

The Court must be satisfied that the fee mentioned in No. 11 of the first schedule has been paid on the valuation.

What fee is required to be paid under Section 19I(1)?

The fee mentioned in No. 11 of the first schedule is required to be paid on the valuation.

What is provided under Section 19I(2) regarding delay in grant of probate or letters of administration?

The grant shall not be delayed by reason of any motion made by the Collector under section 19H(4).

What is the subject matter of Section 19J of the Court-fees Act, 1870?

Recovery of penalties, etc.

What amounts may be recovered under Section 19J(1)?

Any excess fee found payable on inquiry under section 19H(6) and any penalty or forfeiture under section 19G may be recovered.

On whose certificate may recovery be made under Section 19J(1)?

Recovery may be made on the certificate of the Chief Controlling Revenue-authority.

From whom may amounts be recovered under Section 19J(1)?

Amounts may be recovered from the executor or administrator.

In what manner may recovery be made under Section 19J(1)?

Recovery may be made as if the amount were an arrear of land-revenue.

Who may recover amounts under Section 19J(1)?

Any Collector may recover the amounts.

What remission power is conferred under Section 19J(2)?

The Chief Controlling Revenue-authority may remit the whole or any part of penalties or forfeitures under section 19G or any part of any penalty under section 19E or excess court-fee under section 19E.

What penalty may be remitted under Section 19J(2)?

Penalties or forfeitures under section 19G and penalties under section 19E may be remitted.

What court-fee may be remitted under Section 19J(2)?

Any court-fee under section 19E in excess of the full court-fee which ought to have been paid may be remitted.

What is the subject matter of Section 19K of the Court-fees Act, 1870?

Sections 6 and 28 not to apply to probates or letters of administration.

What exemption is provided under Section 19K?

Nothing in section 6 or section 28 shall apply to probates or letters of administration.

CHAPTER IV

PROCESS-FEES

What is the subject matter of Section 20 of the Court-fees Act, 1870?

Rules as to cost of processes.

What duty is imposed upon the High Court under Section 20?

The High Court shall, as soon as may be, make rules as to the matters specified in Section 20.

What matter is covered under Section 20(i)?

Fees chargeable for serving and executing processes issued by certain Courts are covered under Section 20(i).

What fees are to be regulated under Section 20(i)?

Fees chargeable for serving and executing processes are to be regulated under Section 20(i).

What processes are covered under Section 20(i)?

Processes issued by the High Court in its appellate jurisdiction and by other Civil and Revenue Courts established within the local limits of such jurisdiction are covered under Section 20(i).

Which Courts are referred to in Section 20(i)?

The High Court in its appellate jurisdiction and other Civil and Revenue Courts established within the local limits of such jurisdiction are referred to in Section 20(i).

What matter is covered under Section 20(ii) of the Court-fees Act, 1870?

Fees chargeable for serving and executing processes issued by Criminal Courts in certain cases are covered under Section 20(ii).

What fees are to be regulated under Section 20(ii)?

Fees chargeable for serving and executing processes issued by Criminal Courts are to be regulated under Section 20(ii).

Which Criminal Court processes are covered under Section 20(ii)?

Processes issued by Criminal Courts established within the local limits of the High Court’s jurisdiction in cases of offences other than offences for which police-officers may arrest without a warrant are covered under Section 20(ii).

What offences are excluded under Section 20(ii)?

Offences for which police-officers may arrest without a warrant are excluded under Section 20(ii).

What matter is covered under Section 20(iii) of the Court-fees Act, 1870?

Remuneration of peons and other persons employed in service or execution of processes is covered under Section 20(iii).

Whose remuneration is to be regulated under Section 20(iii)?

The remuneration of peons and all other persons employed by leave of a Court in the service or execution of processes is to be regulated under Section 20(iii).

Under what authority must persons be employed for purposes of Section 20(iii)?

Persons must be employed by leave of a Court in the service or execution of processes.

What power is conferred upon the High Court under the last paragraph of Section 20 of the Court-fees Act, 1870?

The High Court may from time to time alter and add to the rules made under Section 20.

How frequently may the High Court alter or add to rules under Section 20?

The High Court may alter and add to the rules from time to time.

What is required before rules, alterations and additions under Section 20 acquire force of law?

The rules, alterations and additions must be confirmed by the State Government and published in the Official Gazette.

What is the effect of publication of rules under Section 20?

Upon publication in the Official Gazette, the rules, alterations and additions shall have the force of law.

Where must rules, alterations and additions under Section 20 be published?

They must be published in the Official Gazette.

Who must confirm the rules, alterations and additions under Section 20?

The State Government must confirm the rules, alterations and additions.

What is the status of fees leviable for serving and executing processes until rules are made and published under Section 20?

The fees then leviable for serving and executing processes shall continue to be levied.

How are existing fees treated until rules are made and published under Section 20?

Existing fees shall be deemed to be fees leviable under the Act.

What is the subject matter of Section 21 of the Court-fees Act, 1870?

Tables of process fees.

What must the table under Section 21 show?

The table shall show the fees chargeable for service and execution of processes.

In what languages must the table under Section 21 be prepared?

The table must be in the English and Vernacular languages.

Where must the table under Section 21 be displayed?

The table shall be exposed to view in a conspicuous part of each Court.

What is the subject matter of Section 22 of the Court-fees Act, 1870?

Number of peons in district and subordinate Courts.

To what are the powers under Section 22 subject?

The powers are subject to rules made by the High Court and approved by the State Government.

Who shall fix the number of peons under Section 22?

Every District Judge and every Magistrate of a district shall fix the number of peons.

What power is conferred upon District Judges and Magistrates under Section 22 regarding peons?

They may from time to time alter the number of peons necessary for service and execution of processes.

For what purpose are peons employed under Section 22?

Peons are employed for the service and execution of processes issued out of the Court and subordinate Courts.

Which Courts are covered under Section 22?

The Court of the District Judge, the Court of the Magistrate of a district and Courts subordinate thereto are covered under Section 22.

What is provided under the paragraph relating to Mufassal Small Cause Courts in Section 22?

Every Court of Small Causes established under Act No. 11 of 1865 shall be deemed subordinate to the Court of the District Judge for purposes of Section 22.

For what purpose is a Court of Small Causes deemed subordinate to the District Judge under Section 22?

It is deemed subordinate for the purposes of Section 22.

What is the subject matter of Section 23 of the Court-fees Act, 1870?

Number of peons in Revenue Courts.

To what are the powers under Section 23 subject?

The powers are subject to rules framed by the Chief Controlling Revenue-authority and approved by the State Government.

Who shall fix the number of peons under Section 23?

Every officer performing the functions of a Collector of a district shall fix the number of peons.

What power is conferred upon officers performing functions of Collector under Section 23?

They may from time to time alter the number of peons necessary for service and execution of processes.

For what purpose are peons employed under Section 23?

Peons are employed for service and execution of processes issued out of the Court of the Collector or Courts subordinate to him.

What is the subject matter of Section 24 of the Court-fees Act, 1870?

Process served under this Chapter to be held to be process within meaning of Code of Civil Procedure.

What is the status of Section 24 of the Court-fees Act, 1870?

Section 24 was repealed by the Repealing and Amending Act, 1891.

CHAPTER V

OF THE MODE OF LEVYING FEES

What is the subject matter of Section 25 of the Court-fees Act, 1870?

Collection of fees by stamps.

What fees are required to be collected by stamps under Section 25?

All fees referred to in section 3 or chargeable under the Act shall be collected by stamps.

What mode of collection is prescribed under Section 25 for court-fees?

Court-fees shall be collected by stamps.

What is the subject matter of Section 26 of the Court-fees Act, 1870?

Stamps to be impressed or adhesive.

What kinds of stamps may be used under Section 26 to denote fees chargeable under the Act?

The stamps may be impressed, adhesive, or partly impressed and partly adhesive.

Who may direct the kind of stamps to be used under Section 26?

The appropriate Government may direct the kind of stamps to be used.

How may the appropriate Government issue directions under Section 26?

The appropriate Government may issue directions by notification in the Official Gazette.

For what purpose are stamps used under Section 26?

Stamps are used to denote fees chargeable under the Act.

What is the subject matter of Section 27 of the Court-fees Act, 1870?

Rules for supply, number, renewal and keeping accounts of stamps.

What power is conferred upon the appropriate Government under Section 27?

The appropriate Government may from time to time make rules for regulating matters relating to stamps used under the Act.

What matter is covered under Section 27(a)?

The supply of stamps to be used under the Act is covered under Section 27(a).

What matter is covered under Section 27(b)?

The number of stamps to be used for denoting any fee chargeable under the Act is covered under Section 27(b).

What matter is covered under Section 27(c)?

The renewal of damaged or spoiled stamps is covered under Section 27(c).

What matter is covered under Section 27(d)?

The keeping of accounts of all stamps used under the Act is covered under Section 27(d).

What condition is imposed in the proviso to Section 27 regarding rules for stamps used in a High Court?

Rules relating to stamps used under section 3 in a High Court shall be made with the concurrence of the Chief Justice of such Court.

To which stamps does the proviso to Section 27 apply?

The proviso applies to stamps used under section 3 in a High Court.

Where must rules made under Section 27 be published?

The rules must be published in the Official Gazette.

What is the effect of publication of rules under Section 27?

Upon publication in the Official Gazette, the rules shall have the force of law.

What is the subject matter of Section 28 of the Court-fees Act, 1870?

Stamping documents inadvertently received.

What is the effect under the first paragraph of Section 28 of a document which ought to bear a stamp but is not properly stamped?

Such document shall be of no validity unless and until it is properly stamped.

Under what circumstance does the second paragraph of Section 28 apply?

The second paragraph applies where a document is through mistake or inadvertence received, filed or used in any Court or office without being properly stamped.

Who may order stamping of an insufficiently stamped document under Section 28?

The presiding Judge, the head of the office, or in the case of a High Court any Judge of such Court may order the document to be stamped.

What discretion is conferred under Section 28 regarding improperly stamped documents?

The competent authority may, if he thinks fit, order the document to be stamped as he may direct.

How shall a document be stamped under Section 28 after such order?

The document shall be stamped in such manner as the authority directing the stamping may direct.

What is the effect under Section 28 after a document is stamped pursuant to an order?

The document and every proceeding relative thereto shall be as valid as if it had been properly stamped in the first instance.

What defect in stamping is cured under Section 28?

A defect arising from mistake or inadvertence in receiving, filing or using an improperly stamped document is cured under Section 28.

What is the subject matter of Section 29 of the Court-fees Act, 1870?

Amended document.

Under what circumstance is a fresh stamp not necessary under Section 29?

A fresh stamp is not necessary where a document is amended merely to correct a mistake and to make it conform to the original intention of the parties.

What purpose must the amendment serve under Section 29 for exemption from fresh stamp?

The amendment must serve merely to correct a mistake and make the document conform to the original intention of the parties.

What is the subject matter of Section 30 of the Court-fees Act, 1870?

Cancellation of stamp.

What restriction is imposed under the first paragraph of Section 30?

No document requiring a stamp under the Act shall be filed or acted upon in any proceeding in any Court or office until the stamp has been cancelled.

Who may appoint the officer for cancellation of stamps under Section 30?

The Court or the head of the office may appoint the officer.

What duty is imposed upon the appointed officer under Section 30?

The officer shall forthwith effect cancellation of the stamp on receiving the document.

How shall cancellation of stamp be effected under Section 30?

Cancellation shall be effected by punching out the figure-head so as to leave the amount designated on the stamp untouched.

What shall be done with the part removed by punching under Section 30?

The part removed by punching shall be burnt or otherwise destroyed.

What part of the stamp must remain untouched under Section 30 during cancellation?

The amount designated on the stamp must remain untouched.

CHAPTER VI

MISCELLANEOUS

What is the subject matter of Section 31 of the Court-fees Act, 1870?

Repayment of fees paid on applications to Criminal Courts.

What is the status of Section 31 of the Court-fees Act, 1870?

Section 31 was repealed by the Code of Criminal Procedure (Amendment) Act, 1923.

What is the subject matter of Section 32 of the Court-fees Act, 1870?

Amendment of Act 8 of 1859 and Act 9 of 1869.

What is the status of Section 32 of the Court-fees Act, 1870?

Section 32 was repealed by the Repealing and Amending Act, 1891.

What is the subject matter of Section 33 of the Court-fees Act, 1870?

Admission in criminal cases of documents for which proper fee has not been paid.

Under what circumstance does Section 33 permit filing or exhibition of documents without proper fee?

Section 33 permits filing or exhibition where the presiding Judge considers it necessary to prevent a failure of justice.

To which Courts does Section 33 apply?

Section 33 applies to Criminal Courts.

What is the effect of Section 33 on sections 4 and 6?

Nothing contained in section 4 or section 6 shall be deemed to prohibit filing or exhibition of such document.

Who forms the opinion under Section 33 regarding necessity to prevent failure of justice?

The presiding Judge forms the opinion.

What is the subject matter of Section 34 of the Court-fees Act, 1870?

Sale of stamps.

What power is conferred upon the appropriate Government under Section 34(1)?

The appropriate Government may make rules for regulating the sale of stamps used under the Act, the persons by whom such sale is to be conducted, and the duties and remuneration of such persons.

What matters may be regulated under Section 34(1)?

The sale of stamps, the persons authorised to conduct such sale, and their duties and remuneration may be regulated.

Where must rules made under Section 34(2) be published?

The rules must be published in the Official Gazette.

What is the effect of publication of rules under Section 34(2)?

Upon publication in the Official Gazette, the rules shall have the force of law.

Who is punishable under Section 34(3)?

Any person appointed to sell stamps who disobeys rules under Section 34 and any person not appointed who sells or offers for sale any stamp is punishable.

What punishment is prescribed under Section 34(3)?

Imprisonment up to six months or fine up to five hundred rupees or both is prescribed.

What is the maximum term of imprisonment under Section 34(3)?

The maximum term of imprisonment is six months.

What is the maximum fine under Section 34(3)?

The maximum fine is five hundred rupees.

What is the subject matter of Section 35 of the Court-fees Act, 1870?

Power to reduce or remit fees.

What power is conferred upon the appropriate Government under Section 35?

The appropriate Government may reduce or remit all or any of the fees mentioned in the first and second schedules.

How may the appropriate Government exercise powers under Section 35?

The power may be exercised by notification in the Official Gazette.

In what area may fees be reduced or remitted under Section 35?

Fees may be reduced or remitted in the whole or any part of the territories under the administration of the appropriate Government.

What fees may be reduced or remitted under Section 35?

All or any of the fees mentioned in the first and second schedules may be reduced or remitted.

What further power is conferred upon the appropriate Government under Section 35?

The appropriate Government may cancel or vary an order reducing or remitting fees.

How may an order under Section 35 be cancelled or varied?

The order may be cancelled or varied in like manner by notification in the Official Gazette.

What is the subject matter of Section 36 of the Court-fees Act, 1870?

Saving of fees to certain officers of High Courts.

What is excluded from the application of Chapters II and V under Section 36?

The commission payable to the Accountant General of the High Court at Fort William and fees allowed to officers of a High Court in addition to a fixed salary are excluded.

To whom is commission payable under Section 36?

Commission is payable to the Accountant General of the High Court at Fort William.

What fees of High Court officers are saved under Section 36?

Fees which any officer of a High Court is allowed to receive in addition to a fixed salary are saved.

Which Chapters are declared inapplicable under Section 36?

Chapters II and V are declared inapplicable under Section 36.