31. ***
32. ***
Whenever the filing or exhibition in a Criminal Court of a document in respect of which the proper fee has not been paid is^ in the opinion of the presiding Judge, necessary to prevent a failure of justice, nothing contained in Section 4 or Section 6 shall be deemed to prohibit such filing or exhibition.
The appropriate Government may, from time to time, make rules for regulating the sale of stamps to be used under this Act, the persons by whom alone such sale is to be conducted, and the duties and remuneration of such persons.
All such rules shall be published in the Official Gazette and shall thereupon have the force of law.
Any person appointed to sell stamps who disobeys any rule made under this section, and any person not so appointed who sells or offers for sale any stamp, shall be punished with imprisonment for a term, which may extend to si;; months, or with fine which may extend to five hundred rupees, or with both.
35. Power to reduce or remit fees.—
The appropriate Government may, from time to time, by notification in the Official Gazette, reduce or remit, in the whole or in any part of 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.
In exercise of the powers conferred by section 35 of the Court Fees Act, 1870 (No. 7 of 1870), the State Government hereby remits in the whole of the State of Madhya Pradesh, the Court fees mentioned in Articles 1-A and 2 of the First schedule arid Articles 5, 17 and 21 of the Second schedule to the said Act payable on plaint by the following categories of persons whose annual income immediately preceding the date of presentation of plaint from all sources does not exceed rupees [ 12 13[twenty five thousand], namely:---
(i) member of Scheduled Tribes;
(ii) member of Scheduled Castes;
(iii) minors;
(iv) woman;
(v) artisen;
(vi) unskilled labourer;
(vii) landless labourer;
(viii) persons belonging to the weaker section of society.
For the purposes of this notification :—
(i) "Member of Scheduled Castes" means a member of any caste, race or tribe or part of or group within caste, race or tribe specified as such with respect to the State of Madhya Pradesh under Article 341 of the Constitution of India;
(ii) "Member of Scheduled Tribes" means a member of any tribe, tribal community or part of or group within a tribe or tribal community specified as such with respect to the State of Madhya Pradesh under Article 342 of the Constitution of India.
(1. Substituted by Notification No. 5839/D-1666/XXI-B/C.G./08 dated 20th June, 2008, w.e.f. 20-6-2008.)
In exercise of the powers conferred by Section 35 of the Court Fees Act, 1870 (No; 7 of 1870) and in supersession of the Department Notification No. F. 9-1-84-B-XI, dated 29th December, 1984, the State Government hereby remits in whole the Court Fees mentioned in Article 1- A of the First Schedule and Articles 1,11 and 11-A of the Second Schedule payable on a' plaint, appeal, revision or any other claim, as the case may be, presented by a person for compensation for,—
(i) any damage or injury caused to him or any member of his family; or
(ii) the death of any member of his family; or
(iii) any damage caused to him or member of his family's property; or
(iv) any damage, injury to, or death of a citizen of India; or
(v) any damage and/or loss caused to a Corporation, undertaking, establishment, association, department and any other juristic person;
on account of environmental, vegetational, ecological water and such other pollutions caused by the operation in an industry through leakage or escape of any dangerous gases, vapours, fumes or dust from any part of the plant.
For the purposes of this notification,—
(i) "person" shall include the Government of India; and
(ii) "family" shall include, husband, wife, minor son, unmarried daughter or any relation by blood wholly dependent on the claimant.
In exercise of the powers conferred by Section 35 of the Court Fees Act, 1870 (No. 7 of 1870), the State Government hereby remits in whole of the State of Madhya Pradesh the court fees payable—
(1) On the application made to a Court of competent jurisdiction,—
(a) for passing a decree in terms of compromise arrived at before or through the instrumentality of Lok Adalat;
(b) for recording an adjustment of decree or order when proceeded by a settlement or compromise in writing arrived at before or through the instrumentality of Lok Adalat;
(c) for compounding an offence under the provisions of Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force, as a result of a compromise arrived at before or through the instrumentality of Lok Adalat; and(
(2) On a plaint drawn in terms of the compromise arrived at before or through the instrumentality of Lok Adalat, filed before a court of competent jurisdiction.
(3) In case of settlement of a case pending before a competent court is made through the instrumentality of Lok Adalat 14[dr any of the mode provided under Section 89 of Civil Procedure Code (Act No. 5 of 1908)] the party shall be entitled to refund of the court fees already paid by him.
2. This Notification shall be deemed to have come into force with effect from 19th November, 1985.
(1. Inserted by Notification No. 14385/D-3334/XXI-B/C.G./06 dated 27-12-2006.Published in Chhattisgarh Rajpatra (Asadharan) dated 28-12-2006 Page 632)
In exercise of the powers conferred by Section 35 of the Court Fees Act, 1870 (No. 7 of 1870), the State Government hereby remit in the whole of the State of Madhya Pradesh the Court Fees specified in Article 1-A and 2 of the First Schedule and Articles 5,17 and 21 of the Second Schedule to the said Act, payable on plaint by women victims of atrocities.
In exercise of the powers conferred by Section 35 of the Court Fees Act, 1870 (No. 7 of 1870), the State Government hereby remits from immediate effect in whole of the State of Chhattisgarh, the Court Fees payable in the cases filed by the State Government before a court of competent jurisdiction.
In exercise of the powers conferred by Section 35 of the Court Fees Act, 1870 (No. 7 of 1870), and supersession of department's Notification F. No. 7724/D-2162/XXI-B/C.G./05 dated the 29-9-05, the State Government hereby remits in whole of the State of Chhattisgarh, the Court Fees payable by the State Government specified in Schedule-I and II of the Court Fees Act, 1870.
State Government by Notification F. No. 9-1-83-B-XXI dated 1st April, 1983 has exempted certain categories of Society from payment of court fees on plaints. Whether this exemption is also available on appeal. On this a Single Bench of the Hon'ble High Court has held in Jagdambe Niwad Co. v. Punjab National Bank, 1992 JLJ10 that under this notification exemption has been given to weaker section of society from payment of court fees is equally applicable to appeals also but a Single Bench of Hon'ble High Court in Chandulal Ghasiram v. Central Bank of India, 1992 MPLJ138 has held that exemption given under this notification is not applicable to appeals.
The exemption granted by the notification is applicable to plaints; the benefit of the exemption is not available for filing appeals. Mohammad Mahibulla v. Seth Chaman Lal, AIR 1993 SC 1241:1992(1) MPWN 7 (SC).
Where State Government did not oppose income certificate granted by Tahsildar, its viracity cannot be doubted, plaintiff entitled to exemption from payment of court fees. Shanti Bai v. Lala, 1996 (2) MPWN 63.
Date of cause of action and ability of plaintiff to pay court fee on that date should be seen, earning of plaintiff prior to that date would not be considered. Noorjahan v. Krishna, 1997 (2) MPWN 87.
Notification under this Act exempting Backward section of society from payment of court fees, such Backward section entitled to exemption from payment of court fees. Ghisalal v. Durga, 1995 (1) MPWN 94.
Government Notification providing for exemption from payment of Court fees. After inquiry it was found that plaintiff owns 9 acres of land yielding more than 6000/- per year. Plaintiff held not entitled to exemption from payment of Court fees. Parasuram v. Dayali, 1996(2) MPWN 86.
The Trial Court is obliged to make due enquiry regarding prayer for exemption from Court Fees under this Section. Where due enquiry was not made by Trial Court, it was directed to do so. Bir Singh v. Ghansram, 2000 (3) MPHT 77 (NOC).
The Trial Court is not obliged to follow procedure under 0.33 of CPC before passing an order on prayer of petitioner for exemption from payment of Court Fees under Section 35 of the Court Fees Act. It is not mandatory for the Trial Court to issue notice to the Collector before considering the prayer of plaintiff/petitioner for exemption from payment of Court Fees. It would be proper for the Trial Court to notice the Collector while considering such an application, as the matter relates to the revenue of the State. Gajendra Singh Arya v. State of M.P., 2000 (2) MPLJ 50.
Petition for exemption from payment of requisite Court fee, as being an indigent person, was dismissed by the High Court. But proper opportunity not given to satisfy the Court for his entitlement to the exemption. Matter was remitted to the High Court for affording a reasonable opportunity of hearing to the appellant. M/s. Vivek Financial Services v. M/s. Coimbatore Stock Exchange Ltd., (2006) 12 SCC 671.
Specified category of persons described under the notification whose annual income is less than Rs. 6000/- have been exempted from payment of court fees. The word "person" appearing in this notification means a plaintiff who is a party and not a person who is not a party. Vimla Bai v. State of M.P., 1997 (1) MPLJ 227: AIR 1997 MP 134.
Under State Government's Notification dated 1-4-1983, exemption from Court fee was given to persons whose income was below Rs. 6000/-. Suit was filed by petitioners for recovery of damages for which Court fee payable was Rs. 17800/-. Petitioners sought exemption from payment of Court fee as their income was below Rs. 6000/-. Income of Rs. 18000/- assessed by Tahsildar was income of the family of 7 meifibers. Held, petitioners were entitled to prosecute the suit without payment of Court fee. Saatibai v. State of M.P., 2012(2) MPLJ 535:2012(2) MPHT 21.
Exemption under Government Notification issued under Section 35 can be claimed only by person who is suffering from social disability. Ladha Industries v. State Bank of India, 1995(2) MPWN 174.
In suit for partition. State Government's Notification dated 1-4-1983 for exemption of Court fees is applicable, Rabia Begum v. Aman Isa, 1993(2) MPWN 181.
Government Notification exempting certain categories of persons from payment of Court fees. Income of family would not be seen. His personal income alone should be taken into account. Govind Singh v. Om Prakash, 1995(2) MPWN 119.
A case of exemption granted under Section 35 is a case of personal right because under the notification, exemption is granted to the person and on his death, the exemption would come to an end automatically. Legal representatives have to file application if they are entitled for exemption on the death of the plaintiff. Mangilal s/o Mohanlal Porwal v. Rameshchandra s/o Balmukund Porwal, 2003(1) MPLJ 290.
Nothing in Chapters II and V of this Act applies to the Commission payable to the Accountant General of the High Court at Fort William, or to the fees which any officer of i High Court is allowed to receive in addition to fixed salary.