The Court Fees Act, 1870 MCQs Set- 1

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Bihar Judiciary (PCS-J) Preparation Bihar Assistant Prosecution Officer (APO) Preparation

 

Download The Court Fees Act, 1870 MCQs Set- 1 PDF 

 

1. The Court-fees Act, 1870 was enacted as:

a. Act No. 5 of 1870

b. Act No. 7 of 1870

c. Act No. 9 of 1870

d. Act No. 11 of 1870

 

2. The Court-fees Act was enacted in the year:

a. 1869

b. 1871

c. 1870

d. 1872

 

3. The Court-fees Act, 1870 received assent on:

a. 11th March, 1870

b. 1st April, 1870

c. 26th January, 1870

d. 15th August, 1870

 

4. The short title “The Court-fees Act, 1870” relates to:

a. Regulation of advocates

b. Limitation of suits

c. Fees payable in courts

d. Criminal procedure

 

5. Section 1 of the Court-fees Act, 1870 deals with:

a. Definitions

b. Levy of fees

c. Short title, extent and commencement

d. Exemptions

 

6. This Act may be called:

a. The Court Fees Code, 1870

b. The Court-fees Act, 1870

c. The Court Costs Act, 1870

d. The Judicial Fees Act, 1870

 

7. The Court-fees Act, 1870 extends to:

a. The whole of India

b. The whole of India including all Part B States

c. The whole of India except Union Territories

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

 

8. The territories excluded from the extent of the Act are those which immediately before 1st November, 1956 were comprised in:

a. Part A States

b. Part B States

c. Part C States

d. Scheduled Areas

 

9. The Court-fees Act, 1870 came into force on:

a. 11th March, 1870

b. 1st January, 1870

c. 1st April, 1870

d. 1st November, 1956

 

10. Under Section 1A of the Court-fees Act, 1870, “appropriate Government” means:

a. Only the Central Government

b. Only the State Government

c. The Government notified by the High Court

d. The Government specified in relation to fees or stamps under the Act

 

11. In relation to fees or stamps relating to documents presented or to be presented before any officer serving under the Central Government, the “appropriate Government” means:

a. The State Government

b. The Central Government

c. The High Court

d. The District Court

 

12. In relation to any fees or stamps other than those relating to documents presented before an officer serving under the Central Government, the “appropriate Government” means:

a. The Supreme Court

b. The Central Government

c. The State Government

d. The District Magistrate

 

13. The definition of “appropriate Government” under Section 1A applies:

a. Only to fees

b. Only to stamps

c. To fees but not documents

d. To fees or stamps relating to documents

 

14. Section 2 of the Court-fees Act, 1870 deals with:

a. Definitions of Court

b. Definition of “Chief Controlling Revenue-authority”

c. Computation of fees

d. Exemptions from fees

 

15. The definition of “Chief Controlling Revenue-authority” under Section 2 has been:

a. Amended

b. Substituted

c. Omitted

d. Repealed

 

16. Section 2 defining “Chief Controlling Revenue-authority” was repealed by:

a. The Repealing and Amending Act, 1952

b. The Adaptation of Laws Order, 1937

c. The Government of India Act, 1935

d. The General Clauses Act, 1897

 

17. The abbreviation “A. O. 1937” in Section 2 refers to:

a. Amendment Order, 1937

b. Administrative Order, 1937

c. Adaptation of Laws Order, 1937

d. Appellate Order, 1937

 

18. Section 3 of the Court-fees Act, 1870 deals with:

a. Computation of fees

b. Levy of fees in High Courts on their original sides

c. Refund of fees

d. Exemption from fees

 

19. Under Section 3, the fees payable for the time being to the clerks and officers are those of:

a. All High Courts in India

b. Only High Courts exercising criminal jurisdiction

c. High Courts other than those of Kerala, Mysore and Rajasthan

d. Only Chartered High Courts

 

20. Under Section 3, fees payable to which of the following are excluded?

a. Registrars

b. Sheriffs and attorneys

c. Clerks

d. Process servers

 

21. Under Section 3, the fees chargeable in the High Courts are those chargeable under:

a. Only the first schedule

b. Only the second schedule

c. The first and second schedules

d. The third schedule

 

22. Under Section 3, No. 11 belongs to:

a. The second schedule

b. The third schedule

c. The first schedule

d. The fourth schedule

 

23. Under Section 3, Nos. 7, 12, 14, 20 and 21 belong to:

a. The first schedule

b. The second schedule

c. The third schedule

d. The fourth schedule

 

24. The fees chargeable in the Courts of Small Causes referred to in Section 3 are those at:

a. District headquarters

b. Presidency-towns

c. Taluka headquarters

d. Cantonment areas

 

25. The fees referred to in Section 3 shall be collected:

a. In such manner as the High Court directs

b. In accordance with rules framed by the State Government

c. In manner hereinafter appearing

d. In such manner as prescribed by notification

 

26. Section 4 of the Court-fees Act, 1870 deals with:

a. Levy of fees in Presidency Small Cause Courts

b. Fees on documents filed in High Courts in extraordinary jurisdiction

c. Exemption from court-fees

d. Computation of ad valorem fees

 

27. Under Section 4, no document specified in the first or second schedule as chargeable with fees shall be:

a. Registered

b. Executed

c. Authenticated

d. Filed, exhibited or recorded

 

28. Under Section 4, documents chargeable with fees shall not be received or furnished by the High Court unless:

a. Permission of the Registrar is obtained

b. The document is verified on affidavit

c. Proper fee is paid

d. The Government grants exemption

 

29. Section 4 applies to cases coming before the High Court in the exercise of:

a. Extraordinary original civil jurisdiction

b. Extraordinary original criminal jurisdiction

c. Appellate jurisdiction

d. All of the above

 

30. Under Section 4, the appellate jurisdiction includes appeals from:

a. Judgments of subordinate courts only

b. Judgments passed in the exercise of ordinary original civil jurisdiction of the Court

c. Judgments other than those passed in the exercise of ordinary original civil jurisdiction of the Court

d. Executive orders of the Government

 

31. Under Section 4, the High Court’s jurisdiction regarding appeals includes appeals from:

a. Revenue authorities only

b. Courts subject to its superintendence

c. Tribunals only

d. Panchayats only

 

32. Section 4 also applies where the High Court exercises jurisdiction as:

a. A Court of arbitration only

b. A Court of inquiry only

c. A Court of reference or revision

d. A disciplinary authority

 

33. Under Section 4, the fee payable in respect of a document shall not be less than:

a. The fee fixed by the Registrar

b. The fee indicated by either of the schedules as the proper fee

c. Half of the prescribed fee

d. Such fee as the Court deems fit

 

34. Which of the following jurisdictions is specifically mentioned in Section 4?

a. Advisory jurisdiction

b. Writ jurisdiction

c. Extraordinary original criminal jurisdiction

d. Election jurisdiction

 

35. Under Section 4, documents of the kinds specified in which schedules are chargeable with fees?

a. First schedule only

b. Second schedule only

c. First and third schedules

d. First or second schedule

 

36. Under Section 4, appeals may lie from the judgments of:

a. One or more Judges of the said Court

b. Revenue officers only

c. Executive Magistrates only

d. Administrative tribunals only

 

37. Section 5 of the Court-fees Act, 1870 deals with:

a. Refund of fees

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

c. Computation of fees

d. Exemption from court-fees

 

38. Under Section 5, a difference may arise between:

a. The Judge and the Government Pleader

b. The officer whose duty it is to see that any fee is paid and any suitor or attorney

c. The parties to the suit

d. The Registrar and the State Government

 

39. Under Section 5, the difference may relate to:

a. Jurisdiction of the Court

b. Validity of proceedings

c. Necessity of paying a fee or the amount thereof

d. Limitation period

 

40. When a difference arises in any of the said High Courts, the question shall be referred to:

a. The Registrar

b. The Chief Justice directly

c. The Division Bench

d. The taxing-officer

 

41. The decision of the taxing-officer under Section 5 shall be:

a. Advisory

b. Subject to appeal before the High Court

c. Final

d. Subject to revision by the State Government

 

42. The taxing-officer shall refer the question to the Chief Justice or a Judge appointed by him when:

a. The fee exceeds the prescribed amount

b. The matter involves a constitutional question

c. The suitor makes a written request

d. The question is, in his opinion, one of general importance

 

43. Under Section 5, the Chief Justice may appoint a Judge:

a. Only specially

b. Only generally

c. Either generally or specially in this behalf

d. With approval of the State Government

 

44. In Courts of Small Causes, the question regarding necessity or amount of fee shall be referred to:

a. The District Judge

b. The Clerk of the Court

c. The Registrar

d. The taxing-officer

 

45. The decision of the Clerk of the Court under Section 5 shall be:

a. Final

b. Subject to confirmation by the first Judge

c. Subject to appeal

d. Merely recommendatory

 

46. In Courts of Small Causes, when the question is one of general importance, it shall be referred to:

a. The High Court

b. The Chief Justice

c. The first Judge of such Court

d. The District Magistrate

 

47. Under Section 5, who shall declare who shall be taxing-officer within the meaning of the first paragraph?

a. The State Government

b. The Chief Justice

c. The Registrar General

d. The Full Bench of the High Court

 

48. The final decision on a question of general importance arising in a High Court shall be made by:

a. The taxing-officer

b. The Advocate General

c. The Chief Justice or such Judge as appointed by him

d. The Registrar

 

49. Under Section 5, the reference to the Chief Justice arises only when:

a. The amount of fee is disputed

b. The question is one of general importance in the opinion of the taxing-officer

c. The attorney demands revision

d. The State Government so directs

 

50. Under Section 5, the first Judge referred to is the first Judge of:

a. The High Court

b. The District Court

c. Such Court of Small Causes

d. The Sessions Court

 

51. Section 6 of the Court-fees Act, 1870 deals with:

a. Fees on documents filed in High Courts

b. Fees on documents filed in Mufassal Courts or in public offices

c. Refund of court-fees

d. Computation of court-fees

 

52. Section 6 applies:

a. Only to High Courts

b. Only to Presidency Small Cause Courts

c. Except in the Courts hereinbefore mentioned

d. Only to revenue courts

 

53. Under Section 6, no document of the kinds specified as chargeable in the schedules shall be:

a. Executed

b. Filed, exhibited or recorded in any Court of Justice

c. Registered

d. Published

 

54. Under Section 6, the specified documents shall not be received or furnished by:

a. Any advocate

b. Any police officer

c. Any public officer

d. Any arbitrator

 

55. The documents referred to in Section 6 are those specified as chargeable in:

a. The first schedule only

b. The second schedule only

c. The third schedule

d. The first or second schedule

 

56. Under Section 6, the prohibition operates unless:

a. The document is verified by affidavit

b. Permission of the Court is obtained

c. A fee of an amount not less than that indicated in the schedules is paid

d. The State Government grants exemption

 

57. The fee payable under Section 6 shall be:

a. Such amount as fixed by the Court

b. Such amount as agreed by parties

c. Not less than that indicated by either of the schedules as the proper fee

d. Double the amount prescribed in the schedules

 

58. Section 6 refers to filing, exhibiting or recording documents in:

a. Any Court of Justice

b. High Courts only

c. Criminal Courts only

d. Revenue tribunals only

 

59. Under Section 6, the proper fee for a document is indicated by:

a. Rules framed by the High Court

b. Either of the said schedules

c. Executive instructions

d. Orders of the taxing-officer

 

60. Section 6 of the Court-fees Act, 1870 deals with:

a. Fees on documents filed in High Courts

b. Fees on documents filed in Mufassal Courts or in public offices

c. Refund of court-fees

d. Computation of court-fees

 

61. Section 6 applies:

a. Only to High Courts

b. Only to Presidency Small Cause Courts

c. Except in the Courts hereinbefore mentioned

d. Only to revenue courts

 

62. Under Section 6, no document of the kinds specified as chargeable in the schedules shall be:

a. Executed

b. Filed, exhibited or recorded in any Court of Justice

c. Registered

d. Published

 

63. Under Section 6, the specified documents shall not be received or furnished by:

a. Any advocate

b. Any police officer

c. Any public officer

d. Any arbitrator

 

64. The documents referred to in Section 6 are those specified as chargeable in:

a. The first schedule only

b. The second schedule only

c. The third schedule

d. The first or second schedule

 

65. Under Section 6, the prohibition operates unless:

a. The document is verified by affidavit

b. Permission of the Court is obtained

c. A fee of an amount not less than that indicated in the schedules is paid

d. The State Government grants exemption

 

66. The fee payable under Section 6 shall be:

a. Such amount as fixed by the Court

b. Such amount as agreed by parties

c. Not less than that indicated by either of the schedules as the proper fee

d. Double the amount prescribed in the schedules

 

67. Section 6 refers to filing, exhibiting or recording documents in:

a. Any Court of Justice

b. High Courts only

c. Criminal Courts only

d. Revenue tribunals only

 

68. Under Section 6, the proper fee for a document is indicated by:

a. Rules framed by the High Court

b. Either of the said schedules

c. Executive instructions

d. Orders of the taxing-officer

 

69. Section 7 of the Court-fees Act, 1870 deals with:

a. Refund of court-fees

b. Computation of fees payable in certain suits

c. Exemption from court-fees

d. Procedure regarding valuation

 

70. In suits for money, the amount of fee payable shall be computed:

a. According to the market-value of the property

b. According to the annual revenue

c. According to the amount claimed

d. According to the discretion of the Court

 

71. Suits for damages or compensation are included under:

a. Suits for injunction

b. Suits for money

c. Suits for accounts

d. Suits for easements

 

72. In suits for arrears of maintenance, annuities or other sums payable periodically, court-fee under clause (i) is computed:

a. According to annual profits

b. According to market-value

c. According to the amount claimed

d. According to the value fixed by the Court

 

73. In suits for maintenance and annuities or other sums payable periodically under clause (ii), the value of the subject-matter shall be deemed to be:

a. Five times the amount claimed for one year

b. Ten times the amount claimed to be payable for one year

c. Fifteen times the annual amount

d. The market-value of the claim

 

74. In suits for movable property other than money where the subject-matter has a market-value, fee shall be computed according to:

a. The value fixed by the plaintiff

b. The value at the date of decree

c. Such value at the date of presenting the plaint

d. The annual profits arising therefrom

 

75. Clause (iv)(a) of Section 7 relates to suits:

a. For possession of land

b. For movable property where the subject-matter has no market-value

c. For recovery of money

d. For annuities

 

76. Documents relating to title are mentioned in Section 7 as an instance of:

a. Immovable property having market-value

b. Suits for declaratory decree

c. Movable property having market-value

d. Movable property where the subject-matter has no market-value

 

77. A suit to enforce the right to share in any property on the ground that it is joint family property falls under:

a. Section 7(iv)(b)

b. Section 7(v)(a)

c. Section 7(ii)

d. Section 7(i)

 

78. A suit to obtain a declaratory decree or order where consequential relief is prayed falls under:

a. Section 7(iv)(d)

b. Section 7(iv)(c)

c. Section 7(v)

d. Section 7(ii)

 

79. Under Section 7(iv), a suit to obtain an injunction is valued:

a. According to market-value

b. According to annual revenue

c. According to the amount at which the relief sought is valued in the plaint or memorandum of appeal

d. According to the Collector’s estimate

 

80. A suit for a right to some benefit to arise out of land falls under:

a. Suits for easements

b. Suits for money

c. Suits for possession

d. Suits for annuities

 

81. A suit for accounts under Section 7(iv)(f) shall be valued:

a. According to annual profits

b. According to market-value

c. According to the amount at which the relief sought is valued in the plaint or memorandum of appeal

d. According to revenue payable to Government

 

82. In suits under Section 7(iv), the plaintiff shall:

a. Obtain prior permission of the Court

b. State the amount at which he values the relief sought

c. File valuation certificate from Collector

d. Pay half the prescribed fee initially

 

83. In suits for possession of land, houses and gardens, fee shall be computed according to:

a. Annual profits only

b. Revenue records only

c. The value of the subject-matter

d. Market-value alone in every case

 

84. Where land forms an entire estate paying annual revenue to Government and such revenue is permanently settled, the value shall be deemed to be:

a. Five times the revenue payable

b. Ten times the revenue payable

c. Fifteen times the net profits

d. Market-value of the land

 

85. Under Section 7(v)(a), permanently settled revenue applies where:

a. The land pays no revenue

b. The land forms part of an estate not separately assessed

c. The land forms an entire estate or definite share paying annual revenue to Government

d. Net profits have not arisen

 

86. Where revenue is settled but not permanently, the value shall be deemed to be:

a. Ten times the revenue payable

b. Fifteen times the net profits

c. Market-value of the land

d. Five times the revenue payable

 

87. Section 7(v)(b) applies where annual revenue to Government is:

a. Permanently settled

b. Settled but not permanently

c. Not settled at all

d. Remitted completely

 

88. Where land pays no revenue to Government and net profits have arisen during the year next before presentation of plaint, the value shall be deemed to be:

a. Five times such net profits

b. Ten times such net profits

c. Fifteen times such net profits

d. Twenty times such net profits

 

89. Under Section 7(v)(c), where no net profits have arisen from the land, the value shall be:

a. The market-value in every case

b. The amount claimed by the plaintiff

c. The annual revenue assessed

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

 

90. Section 7(v)(d) applies where land:

a. Is separately assessed with revenue

b. Forms part of an estate paying revenue to Government but is not a definite share and is not separately assessed

c. Pays no revenue at all

d. Is permanently settled

 

91. Under Section 7(v)(d), the value of land shall be:

a. Ten times the revenue payable

b. Five times the revenue payable

c. Fifteen times the net profits

d. The market-value of the land

 

92. Under Section 7(v)(a), land separately assessed with revenue must be:

a. Recorded in the Collector’s register

b. Certified by the Civil Court

c. Registered under the Registration Act

d. Assessed by municipal authorities

 

93. In Section 7(v)(c), the relevant period for determining net profits is:

a. Three years preceding the suit

b. One year next before the date of presenting the plaint

c. Five years preceding the appeal

d. The current financial year

 

94. Suits for injunction under Section 7(iv)(d) are valued according to:

a. Market-value of the subject-matter

b. Annual revenue payable

c. The amount at which the relief sought is valued in the plaint or memorandum of appeal

d. Net profits of the property

 

95. Under Section 7(ii), the value of the subject-matter is deemed to be:

a. The exact amount claimed

b. Ten times the amount claimed to be payable for one year

c. Five times the annual amount

d. Market-value of the right claimed

 

96. Which of the following suits is specifically included under Section 7(iv)?

a. Suit for partition by metes and bounds

b. Suit for easements

c. Suit for pre-emption

d. Suit for specific performance

 

97. Under Section 7(iii), the relevant date for determining market-value is:

a. Date of decree

b. Date of cause of action

c. Date of presenting the plaint

d. Date of institution of appeal

 

98. The proviso relating to Bombay Presidency under Section 7 applies to territories subject to:

a. Governor of Madras in Council

b. Governor of Bombay in Council

c. Governor-General in Council

d. Lieutenant Governor in Council

 

99. Where 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. Ten times the survey-assessment

b. Fifteen times the survey-assessment

c. Five times the survey-assessment

d. Market-value of the land

 

100. Under the Bombay Presidency proviso, where land is held on permanent settlement and pays full assessment to Government, the value shall be deemed to be:

a. Five times the survey-assessment

b. Ten times the survey-assessment

c. Fifteen times the survey-assessment

d. Twenty times the survey-assessment

 

101. Under the Bombay Presidency proviso, where settlement exceeds thirty years and the land pays full assessment to Government, the value shall be deemed to be:

a. Ten times the survey-assessment

b. Five times the annual rent

c. Fifteen times the net profits

d. Market-value of the land

 

102. Where the whole or part of the annual survey-assessment is remitted, the sum shall be computed:

a. Only on the basis of market-value

b. Only on the assessment actually paid

c. Under paragraph (1) or (2), as the case may be, in addition to ten times the assessment or portion remitted

d. By the Collector according to discretion

 

103. Under the Explanation to Section 7(v), “estate” means:

a. Any immovable property situated within municipal limits

b. Any land subject to payment of revenue for which separate engagement has been executed to Government or separately assessed with revenue

c. Only permanently settled land

d. Any agricultural land exceeding prescribed area

 

104. Under the Explanation, a separate engagement to Government may be executed by:

a. Proprietor only

b. Farmer only

c. Raiyat only

d. Proprietor, farmer or raiyat

 

105. In suits where the subject-matter is a house or garden, fee shall be computed according to:

a. Annual rent

b. Survey-assessment

c. Market-value of the house or garden

d. Net profits of the preceding year

 

106. In suits to enforce a right of pre-emption, fee shall be computed according to:

a. The market-value alone

b. The value computed in accordance with paragraph (v) of Section 7

c. The amount fixed by the plaintiff

d. Ten times the annual rent

 

107. A suit to enforce a right of pre-emption relates to:

a. Movable property only

b. Revenue assignments only

c. Land, house or garden in respect of which the right is claimed

d. Easements only

 

108. In suits for the interest of an assignee of land revenue, fee shall be computed according to:

a. Ten times the annual revenue

b. Fifteen times his net profits for the year next before presenting the plaint

c. Market-value of the assignment

d. Five times the assessment

 

109. Under Section 7(vii), the relevant year for determining net profits is:

a. The financial year preceding decree

b. The year next before the institution of appeal

c. The year next before the date of presenting the plaint

d. The current agricultural year

 

110. In suits to set aside an attachment of land or interest in land or revenue, fee shall be computed according to:

a. Market-value of the land

b. Annual revenue payable

c. Amount for which the land or interest was attached

d. Value stated by the plaintiff

 

111. The proviso to Section 7(viii) applies where:

a. The attachment is illegal

b. The amount exceeds the value of the land or interest

c. The plaintiff seeks injunction

d. The land is permanently settled

 

112. Where the amount for which land was attached exceeds the value of the land or interest, fee shall be computed:

a. As if the suit were for money

b. As if the suit were for injunction

c. As if the suit were for possession of such land or interest

d. According to market-value alone

 

113. Section 7(ix) applies to suits against a mortgagee:

a. For foreclosure

b. For redemption and recovery of the property mortgaged

c. For damages

d. For injunction

 

114. In suits by a mortgagee to foreclose the mortgage, fee shall be computed according to:

a. Market-value of the mortgaged property

b. Principal money expressed to be secured by the instrument of mortgage

c. Net profits from the property

d. Amount claimed in plaint

 

115. Where the mortgage is made by conditional sale, the suit may be:

a. To recover mesne profits

b. To declare the sale void

c. To have the sale declared absolute

d. To set aside attachment

 

116. In suits for specific performance of a contract of sale, fee shall be computed according to:

a. Market-value of the property

b. Amount of consideration

c. Net annual profits

d. Value fixed by the Court

 

117. In suits for specific performance of a contract of mortgage, fee shall be computed according to:

a. Amount agreed to be secured

b. Market-value of the mortgaged property

c. Amount claimed by plaintiff

d. Annual interest payable

 

118. In suits for specific performance of a contract of lease, fee shall be computed according to:

a. Only the rent agreed during the first year

b. Only the premium agreed

c. Aggregate amount of the fine or premium, if any, and rent agreed during the first year

d. Market-value of the leasehold property

 

119. In suits for specific performance of an award, fee shall be computed according to:

a. The amount or value of the property in dispute

b. The consideration mentioned in the award

c. The annual profits from the property

d. The valuation made by the plaintiff

 

120. Section 7(xi) relates to suits:

a. Between mortgagor and mortgagee

b. Between landlord and tenant

c. Between co-sharers

d. Between trustee and beneficiary

 

121. A suit for delivery by a tenant of the counterpart of a lease falls under:

a. Section 7(x)(c)

b. Section 7(xi)(a)

c. Section 7(iv)(f)

d. Section 7(viii)

 

122. A suit to enhance the rent of a tenant having a right of occupancy falls under:

a. Section 7(xi)(b)

b. Section 7(x)(a)

c. Section 7(v)(e)

d. Section 7(iv)(d)

 

123. A suit for recovery of immovable property from a tenant, including a tenant holding over after determination of tenancy, falls under:

a. Section 7(v)

b. Section 7(xi)(cc)

c. Section 7(ix)

d. Section 7(iv)(b)

 

124. A suit to contest a notice of ejectment falls under:

a. Section 7(xi)(d)

b. Section 7(viii)

c. Section 7(iv)(c)

d. Section 7(x)(d)

 

125. Under Section 7(xi)(e), the suit is for recovery of occupancy of immovable property from which:

a. The tenant has voluntarily vacated

b. The landlord has been dispossessed

c. The tenant has been illegally ejected by the landlord

d. The Government has resumed possession

 

126. A suit for abatement of rent falls under:

a. Section 7(x)(c)

b. Section 7(xi)(f)

c. Section 7(iv)(e)

d. Section 7(vii)

 

127. In suits under Section 7(xi), fee shall be computed according to:

a. Market-value of the immovable property

b. Annual revenue assessed by Government

c. Amount of rent payable for the year next before presenting the plaint

d. Value estimated by the Court

 

128. Under Section 7(xi), the relevant rent is the rent payable:

a. During the current year

b. During the year next before the date of presenting the plaint

c. During the last three years

d. At the time of decree

 

129. Under Section 7(x), which of the following is specifically mentioned?

a. Contract of guarantee

b. Contract of exchange

c. Contract of lease

d. Contract of partnership

 

130. Section 8 of the Court-fees Act, 1870 deals with:

a. Fee on plaint in money suits

b. Fee on memorandum of appeal against order relating to compensation

c. Refund of court-fees

d. Valuation of land

 

131. Under Section 8, the fee is payable on:

a. Execution application

b. Plaint for compensation

c. Memorandum of appeal against an order relating to compensation

d. Application for review

 

132. Section 8 applies to compensation under any Act for the time being in force for:

a. Recovery of rent

b. Acquisition of land for public purposes

c. Settlement of revenue

d. Partition of joint family property

 

133. Under Section 8, the amount of fee shall be computed according to:

a. The total compensation claimed

b. The market-value of the land

c. The amount awarded by the Court

d. The difference between the amount awarded and the amount claimed by the appellant

 

134. Under Section 8, the relevant comparison for computation of fee is between:

a. Market-value and compensation awarded

b. Compensation awarded and court-fee already paid

c. Amount awarded and amount claimed by the appellant

d. Amount claimed in plaint and amount decreed

 

135. Section 9 of the Court-fees Act, 1870 deals with:

a. Refund of fees

b. Power to ascertain net profits or market-value

c. Appeal against valuation

d. Computation of fees in mortgage suits

 

136. Under Section 9, the Court may act if it sees reason to think that:

a. The plaint is barred by limitation

b. The annual net profits or market-value have been wrongly estimated

c. The suit is collusive

d. The document is insufficiently stamped intentionally

 

137. Section 9 applies to land, house or garden mentioned in Section 7:

a. Paragraphs (i) and (ii)

b. Paragraphs (iii) and (iv)

c. Paragraphs (v) and (vi)

d. Paragraphs (vii) and (viii)

 

138. Under Section 9, the Court may issue a commission:

a. For execution of decree

b. To ascertain annual net profits or market-value

c. To examine witnesses abroad

d. To determine title

 

139. The commission under Section 9 may be issued to:

a. The Collector only

b. Any advocate nominated by parties

c. Any proper person

d. The District Judge only

 

140. The person directed under Section 9 may make:

a. Criminal investigation only

b. Revenue inquiry only

c. Such local or other investigation as may be necessary

d. Survey settlement only

 

141. The purpose of issuing a commission under Section 9 is:

a. Recovery of deficient court-fee

b. Determination of title to property

c. Computing the fee payable in the suit

d. Assessment of damages

 

142. Section 10 of the Court-fees Act, 1870 deals with:

a. Computation of market-value

b. Procedure where net profits or market-value wrongly estimated

c. Refund of fees generally

d. Appeals relating to valuation

 

143. Under Section 10, if the Court finds that the net profits or market-value have been wrongly estimated, and the estimation has been excessive, the Court may:

a. Dismiss the suit

b. Impose penalty

c. Refund the excess paid as fee

d. Order fresh valuation only

 

144. The power of the Court to refund excess fee under Section 10 where estimation has been excessive is:

a. Mandatory

b. Discretionary

c. Subject to approval of Government

d. Subject to appeal only

 

145. If the estimation of market-value or net profits has been insufficient, the Court shall require the plaintiff:

a. To amend the plaint

b. To withdraw the suit

c. To furnish security

d. To pay such additional fee as would have been payable had the valuation been rightly estimated

 

146. Under Section 10(ii), in case of insufficient estimation:

a. The plaint shall be rejected immediately

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

c. The suit shall abate automatically

d. The appeal shall lie to the High Court

 

147. If the additional fee is not paid within such time as the Court shall fix:

a. The suit shall proceed ex parte

b. The matter shall be referred to Collector

c. The suit shall be dismissed

d. The plaint shall be returned

 

148. The additional fee payable under Section 10 is the fee which would have been payable had:

a. The plaint been properly drafted

b. The valuation been accepted by the defendant

c. The market-value or net profits been rightly estimated

d. The Court fixed ad valorem valuation

 

149. Section 11 of the Court-fees Act, 1870 deals with:

a. Refund of excess fee

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

c. Valuation of immovable property

d. Appeal against court-fee determination

 

150. Section 11 applies to suits:

a. For injunction only

b. For specific performance only

c. For mesne profits, immovable property and mesne profits, or for an account

d. For pre-emption only

 

151. Under Section 11, where the profits decreed exceed the profits claimed:

a. The decree becomes void

b. The decree shall not be executed until the difference in fee is paid

c. The suit shall stand dismissed automatically

d. The excess amount shall be ignored

 

152. The additional fee payable under Section 11 is the difference between:

a. The fee fixed by the Court and the fee paid by defendant

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

c. The market-value and the annual revenue

d. The amount claimed and the amount decreed

 

153. Under Section 11, the difference in fee shall be paid to:

a. The Collector

b. The decree-holder

c. The proper officer

d. The District Judge

 

154. Where mesne profits are left to be ascertained in execution and the profits so ascertained exceed the profits claimed:

a. The decree shall be set aside

b. Further execution of the decree shall be stayed until additional fee is paid

c. The execution shall proceed without interruption

d. A fresh suit shall be instituted

 

155. If the additional fee under Section 11 is not paid within such time as the Court shall fix:

a. The decree shall become final

b. The execution shall continue conditionally

c. The suit shall be dismissed

d. The plaint shall be returned

 

156. Section 12 of the Court-fees Act, 1870 deals with:

a. Refund of fees

b. Decision of questions as to valuation

c. Levy of additional fee

d. Computation of mesne profits

 

157. Every question relating to valuation for determining the amount of fee chargeable on a plaint or memorandum of appeal shall be decided by:

a. The High Court

b. The Collector

c. The Court in which such plaint or memorandum is filed

d. The State Government

 

158. The decision regarding valuation under Section 12(i) shall be:

a. Subject to revision by the Collector

b. Final as between the parties to the suit

c. Subject to appeal in every case

d. Merely administrative

 

159. Under Section 12(ii), when a suit comes before a Court of appeal, reference or revision, the Court may interfere if:

a. The valuation is excessive

b. The question has been wrongly decided to the detriment of the revenue

c. The defendant disputes valuation

d. The plaint is insufficiently verified

 

160. Where the appellate, reference or revisional Court finds detriment to the revenue, it shall require:

a. Refund of excess fee

b. Dismissal of the suit

c. Payment of such additional fee as would have been payable had the question been rightly decided

d. Revaluation by the Collector

 

161. Under Section 12(ii), upon requiring payment of additional fee, the provisions applicable are:

a. Section 9

b. Section 11

c. Section 8

d. Section 10, paragraph (ii)

 

162. Section 13 of the Court-fees Act, 1870 deals with:

a. Levy of additional fee

b. Refund of fee paid on memorandum of appeal

c. Computation of fee in appeals

d. Remission of court-fees

 

163. Under Section 13, refund of fee may be granted where an appeal or plaint rejected by the lower Court is ordered:

a. To be dismissed

b. To be amended

c. To be received

d. To be transferred

 

164. The rejection of appeal or plaint referred to in Section 13 must be on grounds mentioned in:

a. The Indian Evidence Act

b. The Code of Civil Procedure

c. The Limitation Act

d. The General Clauses Act

 

165. Under Section 13, where a suit is remanded in appeal for a second decision by the lower Court, the Appellate Court shall:

a. Order refund directly

b. Grant a certificate authorizing refund from the Collector

c. Refer the matter to the State Government

d. Waive future court-fees

 

166. The certificate granted under Section 13 authorizes the appellant to receive back from:

a. The High Court

b. The Treasury Officer

c. The Collector

d. The District Judge

 

167. Under Section 13, the refund relates to:

a. Fee paid on the plaint

b. Fee paid on execution application

c. Full amount of fee paid on the memorandum of appeal

d. Half of the ad valorem fee

 

168. Under the proviso to Section 13, where the remand does not cover the whole subject-matter of the suit, the certificate shall authorize refund only of:

a. The entire court-fee paid

b. Such fee as would have been originally payable on the part or parts remanded

c. Half the fee paid on appeal

d. Such amount as fixed by the Appellate Court

 

169. Section 14 of the Court-fees Act, 1870 deals with:

a. Refund of fee on memorandum of appeal

b. Refund of fee on application for review of judgment

c. Refund of excess valuation fee

d. Remission of court-fees

 

170. Under Section 14, the application for review of judgment must be presented:

a. Before the date of decree

b. Within thirty days from decree

c. On or after the ninetieth day from the date of the decree

d. After one year from decree

 

171. Under Section 14, the Court may grant refund unless the delay was caused by:

a. Wrong valuation

b. Applicant’s laches

c. Defect in pleadings

d. Court procedure

 

172. Under Section 14, the Court may grant to the applicant:

a. A decree for refund

b. A remission order

c. A certificate authorizing refund from the Collector

d. An execution certificate

 

173. The refund under Section 14 relates to:

a. Entire fee paid on the application

b. Fee paid on appeal

c. So much of the fee as exceeds the fee payable had the application been presented before the ninetieth day

d. Half of the prescribed fee

 

174. Section 15 of the Court-fees Act, 1870 deals with:

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

b. Refund of fee on memorandum of appeal

c. Valuation of review applications

d. Computation of fee on decrees

 

175. Under Section 15, the application referred to is an application:

a. For revision

b. For appeal

c. For review of judgment

d. For execution

 

176. Under Section 15, the applicant becomes entitled to a certificate where, on rehearing, the Court reverses or modifies its former decision on the ground of:

a. Jurisdictional defect only

b. Mistake in law or fact

c. Change in circumstances

d. Fresh documentary evidence

 

177. Section 16 of the Court-fees Act, 1870 deals with:

a. Refund of fee

b. Remission of penalties

c. Refund of process fees

d. Valuation of plaint

 

178. Under Section 16, refund of fee is available where the Court refers the parties to:

a. Arbitration only

b. Any mode of settlement of dispute referred to in section 89 of the Code of Civil Procedure, 1908

c. Lok Adalat only

d. Mediation by private agreement only

 

179. Under Section 16, the plaintiff shall be entitled to receive back from the Collector:

a. Half of the court-fee paid

b. Such amount as fixed by the Court

c. The full amount paid in respect of the plaint

d. Only the ad valorem portion of fee

Download The Court Fees Act, 1870 MCQs Set- 1 PDF

 

 

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