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COURT FEES ACT, 1870
7 of 1870
3rd November, 1870
CHAPTER 01: PRELIMINARY
SECTION 01: SHORT TITLE
This Act may be called the Court Fees Act, 1870. Extent of Act-It extends to the whole of India except the territories which, immediately before the 1st November, 1956, were comprised in Part B States. Commencement of Act-And it shall come into force on the first day of April, 1870.
SECTION 01A: DEFINITION OF "APPROPRIATE GOVERNMENT"
In this Act "the appropriate government" means, in relation to fees or stamps relating to documents presented or to be presented before any officer serving under the Central Government, that government, and in relation to any other fees or stamps, the State Government.
SECTION 02: "CHIEF CONTROLLING REVENUE AUTHORITY" DEFINED
[Repealed by AO, 1937]
CHAPTER 02: FEES IN THE HIGH COURTS AND IN THE COURTS OF SMALL CAUSES AT THE PRESIDENCY -TOWNS
SECTION 03: LEVY OF FEES IN HIGH COURTS ON THEIR ORIGINAL SIDES
The fees payable for the time being to the clerks and officers (other than the Sheriffs and attorneys) of the High Courts other than those of Kerala, Mysore and Rajasthan; or chargeable in each of such courts under No. 11 of the First, and Nos. 7,12,14,20 and 21 of Schedule II to this Act annexed ; Levy of fees in Presidency Small Causes Courts-and the fees for the time being chargeable in the Courts of Small Causes at the Presidency-towns, and their several offices; shall be collected in manner hereinafter appearing.
SECTION 04: FEES ON DOCUMENTS FILED, ETC. IN HIGH COURTS IN THEIR EXTRAORDINARY JURISDICTION
in their appellate jurisdiction : or in the exercise of its jurisdiction as regards appeals from the1 [judgments (other than judgements passed in the exercise of the ordinary original civil jurisdiction of the Court) of one] or more Judges of the said Court, or of a Division Court; or in the exercise of its jurisdiction as regards appeals from the Courts subject to its superintendence; as Courts of reference and revision : or in the exercise of its jurisdiction as a Court of reference or revision; unless in respect of such document there be paid a fee of an amount not less than that indicated by either of the said Schedules as the proper fee for such document.
SECTION 05: PROCEDURE IN CASE OF DIFFERENCE AS TO NECESSITY OR AMOUNT OF FEE
When any difference arises between the officer whose duty it is to see that any fee is paid under this Chapter and any suitor or attorney, as to the necessity of paying a fee or the amount thereof, the question shall, when the difference arises in any of the said High Courts to be referred to the taxing-officer, whose decision thereon shall be final, except when the question is, in his opinion, one of general importance, in which case he shall refer it to the final decision of the Chief Justice of such High Court, or of such Judge of the High Court as the Chief Justice shall appoint either generally or specially in this behalf. When any such difference arises in any of the said Courts of Small Causes, the question shall be referred to the Clerk of the Court, whose decision thereon shall be final, except when the question is, in his opinion, one of general importance, in which case he shall refer it to the final decision of the first Judge of such Court. The Chief Justice shall declare who shall be taxing-officer within the meaning of the first paragraph of this section.
CHAPTER 03: FEES IN OTHER COURTS AND IN PUBLIC OFFICES
SECTION 06: FEES ON DOCUMENTS FILED, ETC. IN MOFUSSIL COURTS OR IN PUBLIC OFFICES
Except in the Courts hereinbefore mentioned, no document of any of the kinds specified as chargeable in the First or Second Schedule to this Act annexed shall be filed, exhibited or recorded in any Court of Justice, or shall be received or furnished by any public officer, unless in respect of such document there be paid a fee of an amount not less than that indicated by either of the said Schedules as the proper fee for such document.
SECTION 07: COMPUTATION OF FEES PAYABLE IN CERTAIN SUITS
The amount of fee payable under this Act in the suits next hereinafter mentioned shall be computed as follows:
(i) for money-In suits for money (including suits for damages or compensation, or arrears of maintenance, of annuities, or of other sums payable periodically)-according to the amount claimed;
(ii) for maintenance and annuities-In suits for maintenance and annuities or other sums payable periodically-according to the value of the subject-matter of the suit, and such value shall be deemed to be ten times the amount claimed to be payable for one year;
(iii) for other movable property having a market-value-In suits for movable property other than money, where the subject-matter has a market-value-according to such value at the date of presenting the plaint;
(iv) In suits-
(a) for movable property of no market -value -for movable property where the subject-matter has no market value, as, for instance, in the case of documents relating to title,
(b) to enforce a right to share in joint family property -to enforce the right to share in any property on the ground that it is joint family property,
(c) for a declaratory decree and consequential relief-to obtain a declaratory decree or order where consequential relief is prayed,
(d) for an injunction-to obtain an injunction,
(e) for easements-for a right to some benefit (not herein otherwise provided for) to arise out of land, and
(f) for accounts-for accounts- according to the amount at which the relief sought is valued in the plaint or memorandum of appeal : In all such suits the plaintiff shall state the amount at which he values the relief sought.
(v) for possession of land, houses and gardens-In suits for the possession of land, houses and gardens-according to the value of the subject-matter; and such value shall be deemed to be- where the subject-matter is land, and-
(a) where the land forms an entire estate, or a definite share of an estate, paying annual revenue to government, or forms part of such an estate and is recorded in the Collector's register as separately assessed with such revenue, and such revenue is permanently settled -ten times the revenue so payable;
(b) where the land forms an entire estate, or a definite share of an estate, paying annual revenue to government, or forms part of such estate and is recorded as aforesaid; and such revenue is settled, but not permanently - five times the revenue so payable;
(c) where the land pays no such revenue, or has been partially exempted from such payment, or is charged with any fixed payment in lieu of such revenue, and net profits have arisen from the land during the year next before the date of presenting the plaint - fifteen times such net profits; but where no such net profits have arisen therefrom-the amount at which the Court shall estimate the land with reference to the value of similar land in the neighbourhood;
(d) where the land forms part of an estate paying revenue to government, but is not a definite share of such estate and is not separately assessed as above-mentioned-the market-value of the land : Proviso as to Bombay Presidency : PROVIDED that, in the territories subject to the2Governor of Bombay in Council, the value of the land shall be deemed to be-
(1) where the land is held on settlement for a period not exceeding thirty years and pays the full assessment to government-a sum equal to five times the survey -assessment;
(2) where the land is held on a permanent settlement, or on a settlement for any period exceeding thirty years, and pays the full assessment to government-a sum equal to ten times the survey assessment; and
(3) where the whole or any part of the annual survey-assessment is remitted-a sum computed under paragraph (1) or paragraph (2) of this proviso, as the case may be, in addition to ten times the assessment, or the portion of assessment, so remitted. Explanation : The word "estate", as used in this paragraph, means any land subject to the payment of revenue, for which the proprietor or a farmer or raiyat shall have executed a separate engagement to government, or which, in the absence of such engagement, shall have been separately assessed with revenue;
(e) for houses and gardens-where the subject-matter is a house or garden according to the market-value of the house or garden;
(vi) to enforce a right of pre -emption-In suits to enforce a right of pre-emption according to the value [computed in accordance with paragraph(v) of this section] of the land, house or garden in respect of which the right is claimed; (vii) for interest of assignee of land-revenue-In suits for the interest of an assignee of land-revenue-fifteen times his net profits as such for the year next before the date of presenting the plaint;
(viii) to set aside an attachment -In suits to set aside an attachment of land or of an interest in land or revenue according to the amount for which the land or interest was attached:
PROVIDED that, where such amount exceeds the value of the land or interest, the amount of fee shall be computed as if the suit were for the possession of such land or interest;
(ix) to redeem-In suits against a mortgagee for the recovery of the property mortgaged, to foreclose, and in suits by a mortgagee to foreclose the mortgage, or, where the mortgage is made by conditional sale, to have the sale declared absolute- according to the principal money expressed to be secured by the instrument of mortgage;
(x) for specific performance-In suits for specific performance-
(a) of a contract of sale-according to the amount of the consideration;
(b) of a contract of mortgage -according to the amount agreed to be secured;
(c) of a contract of lease-according to the aggregate amount of the fine or premium (if any) and of the rent agreed to be paid during the first year of the term;
(d) of an award-according to the amount or value of the property in dispute;
(xi) between landlord and tenant-In the following suits between landlord and tenant:-
(a) for the delivery by a tenant of the counterpart of lease,
(b) to enhance the rent of a tenant having a right of occupancy,
(c) for the delivery by a landlord of a lease,
(cc) for the recovery of immovable property from a tenant, including a tenant holding over after the determination of a tenancy,
(d) to contest a notice of ejectment,
(e) to recover the occupancy of Immovable property from which a tenant has been illegally ejected by the landlord, and
(f) for abatement of rent- according to the amount of the rent of the immovable property to which the suit refers, payable for the year next before the date of presenting the plaint.
SECTION 08: FEE ON MEMORANDUM OF APPEAL AGAINST ORDER RELATING TO COMPENSATION
The amount of fee payable under this Act on a memorandum of appeal against an order relating to compensation under any Act for the time being in force for the acquisition of land for public purposes, shall be computed according to the difference between the amount awarded and the amount claimed by the appellant.
SECTION 09: POWER TO ASCERTAIN NET PROFITS OR MARKET -VALUE
If the Court sees reason to think that the annual net profits or the market-value of any such land, house or garden as is mentioned in section 7-, paragraphs (v) and (vi), have or has been wrongly estimated, the court may, for the purpose of computing the fee payable in any suit therein mentioned, issue a commission to any proper person directing him to make such local or other investigation as may be necessary, and to report thereon to the Court.
SECTION 10: PROCEDURE WHERE NET PROFITS OR MARKET VALUE WRONGLY ESTIMATED
(i) If in the result of any such investigation, the Court finds that the net profits or market-value have or has been wrongly estimated, the Court, if the estimation has been excessive, may in its discretion refund the excess paid as such fee: but, if the estimation has been insufficient, the Court shall require the plaintiff to pay so much additional fee as would have been payable had the said market-value or net profits been rightly estimated.
(ii) In such case the suit shall be stayed until the additional fee is paid. If the additional fee is not paid within such time as the Court shall fix, the suit shall be dismissed.
SECTION 11: PROCEDURE IN SUITS FOR MESNE PROFITS OR ACCOUNT WHEN AMOUNT DECREED EXCEEDS AMOUNT CLAIMED
In suits for mesne profits or for immovable property and mesne profits, or for an account, if 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, 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 shall have been paid to the proper officer. Where the amount of mesne profits is left to be ascertained in the course of the execution of the decree, if the profits so 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. If the additional fee is not paid within such time as the Court shall fix, the suit shall be dismissed.
SECTION 12: DECISION OF QUESTIONS AS TO VALUATION
(i) Every question relating to valuation for the purpose of determining the amount of any fee chargeable under this Chapter on a plaint or memorandum of appeal, shall be decided by the Court in which such plaint or memorandum, as the case may be, is filed, and such decision shall be final as between the parties to the suit.
(ii) But whenever any such suit comes before a Court of appeal, reference or revision, if such Court considers that the said question has been wrongly decided, to the detriment of the revenue, it shall require the party by whom such fee has been paid to pay so much additional fee as would have been payable had the question been rightly decided, and the provisions of section 10-, paragraph (ii), shall apply.
SECTION 13: REFUND OF FEE PAID ON MEMORANDUM OF APPEAL
If an appeal or plaint, which has been rejected by the lower Court on any of the grounds mentioned in the Code of Civil Procedure-, is ordered to be received, or if a suit is remanded in appeal, on any of the grounds mentioned in section 351of the same Code, for a second decision by the lower Court, the Appellate Court shall grant to the appellant a certificate, authorizing him to receive back from the Collector the full amount of fee paid on the memorandum of appeal:
PROVIDED that, if, in the case of a remand in appeal, the order of remand shall not cover the whole of the subject-matter of the suit, the certificate so granted shall not authorise the appellant to receive back more than so much fee as would have been originally payable on the part or parts of such subject-matter in respect whereof the suit has been remanded.
SECTION 14: REFUND OF FEE ON APPLICATION FOR REVIEW OF JUDGMENT
Where an application for a review of judgment is presented on or after the ninetieth day from the date of the decree, the Court, unless the delay was caused by the applicant's laches, may, in its discretion, grant him a certificate authorizing him 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 such day.
SECTION 15: REFUND WHERE COURT REVERSES OR MODIFIES ITS FORMER DECISION ON GROUND OF MISTAKE
Where an application for a review of judgment is admitted, and where, on the rehearing, the Court reverses or modifies its former decision on the ground of mistake in law or fact, the applicant shall be entitled to a certificate from the Court authorizing him 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 Schedule II to this Act, No. 1, clause (b) or clause (d). But nothing in the former part of this section shall entitle the applicant to such certificate where the reversal or modification is due, wholly or in part, to fresh evidence which might have been produced at the original hearing.
SECTION 16: REFUND OF FEE
3Where the court refers the parties to the suit to any one of the mode of settlement of dispute referred to in section 89 of the Code of Civil Procedure, 1908-, the plaintiff shall be entitled to a certificate from the court authorising him to receive back from the collector, the full amount of the fee paid in respect of such plaint.
SECTION 17: MULTIFARIOUS SUITS
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 the plaints or memoranda of appeal in suits embracing separately each of such subjects would be liable under this Act. Nothing in the former part of this section shall be deemed to affect the power conferred by section 9 of the Code of Civil Procedure, 1908-.
SECTION 18: WRITTEN EXAMINATIONS OF COMPLAINANTS
When the first or only examination of a person who complains of the offence of wrongful confinement, or of wrongful restraint, or of any offence other than an offence for which police officers may arrest without a warrant, and who has not already presented a petition on which fee has been levied under this Act, is reduced to writing under the provisions of the Code of Criminal Procedure, the complainant shall pay a fee of eight annas, unless the court thinks fit to remit such payment.
SECTION 19: EXEMPTION OF CERTAIN DOCUMENTS
Nothing contained in this Act shall render the following documents chargeable with any fee-
(i) 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.
(ii) [Repealed by Act 12 of 1891]
(iii) Written statements called for by the Court after the first hearing of a suit.
(iv) [Repealed by Act 13 of 1889]
(v) Plaints in suit tried by4Village Munsifs in the Presidency of Fort St. George.
(vi) Plaints and processes in suits before district panchayats in the same Presidency.
(vii) Plaints in suits before Collectors under Madras Regulation XII of 1816.
(viii) Probate of a will, letters of administration, and, save as regards debts and securities, a certificate under Bombay Regulation VIII of 1827, where the amount or value of the property in respect of which the probate or letters or certificate shall be granted does not exceed one thousand rupees.
(ix) Application or petition to a Collector or other officer making a settlement of land-revenue, or to a Board of Revenue, or a Commissioner of Revenue, relating to matters connected with the assessment of land, or the ascertainment of rights thereto or interests therein, if presented previous to the final confirmation of such settlement.
(x) Application relating to a supply for irrigation of water belonging to government.
(xi) Application for leave to extend to cultivation, or to relinquish land, when presented to an officer of land-revenue by a person holding, under direct engagement with government, land of which the revenue is settled but not permanently.
(xii) Application for service of notice of relinquishment of land or of enhancement of rent.
(xiii) Written authority to an agent to distrain.
(xiv) First application (other than a petition containing a criminal charge or information) for the summons of a witness or other person to attend either to give evidence or to produce a document, or in respect of the production or filing of an exhibit not being an affidavit made for the immediate purpose of being produced in court.
(xv) Bail bonds in criminal cases, recognisances to prosecute or give evidence, and recognisances for personal appearance or otherwise.
(xvi) Petition, application, charge or information respecting any offence, when presented, made or laid to or before a police officer, or to or before the Heads of Villages or the Village Police in the territories respectively subject to the Governors in Council of Madras and Bombay.
(xvii) Petition by a prisoner, or other person in duress or under restraint of any Court or its officers.
(xviii) Complaint of a public servant (as defined in the Indian Penal Code-), a municipal officer, or an officer or servant of a Railway Company.
(xix) Application for permission to cut timber in government forests, or otherwise relating to such forests.
(xx) Application for the payment of money due by government to the applicant.
(xxi) Petition of appeal against the chaukidari assessment under5Act No. 20 of 1856, or against any municipal tax.
(xxii) Applications for compensation under any law for the time being in force relating to the acquisition of property for public purposes.
(xxiii) Petitions presented to the Special Commissioner appointed under6Bengal Act 2 of 1869(to ascertain, regulate and record certain tenures in Chota Nagpur).
(xxiv) Petitions under the Indian Christian Marriage Act, 1872,sections 45and48.
CHAPTER 03A: PROBATES, LETTERS OF ADMINISTRATION AND CERTIFICATES OF ADMINISTRATION
SECTION 19A: RELIEF WHERE TOO HIGH A COURT FEE HAS BEEN PAID
Where any person on applying for the probate of a will or letters of administration has estimated the property of the deceased to be of greater value than the same has afterwards proved to be, and has consequently paid too high a court-fee thereon, if within six months after the true value of the property has been ascertained, such person produces the probate or letters to the Chief Controlling Revenue Authority for the local area in which the probate or letters has or have been granted, and delivers to such authority a particular inventory and valuation of the property of the deceased, verified by affidavit or affirmation, and if such authority is satisfied that a greater fee was paid on the probate or letters than the law required, the said authority may-
(a) cancel the stamp on the probate or letters, if such stamp has not been already cancelled;
(b) substitute another stamp for denoting the court-fee which should have been paid thereon; and
(c) make an allowance for the difference between them as in the case of spoiled stamps, or repay the same in money, at his discretion.
SECTION 19B: RELIEF WHERE DEBTS DUE FROM A DECEASED PERSON HAVE BEEN PAID OUT OF HIS ESTATE
Whenever it is proved to the satisfaction of such authority that an executor or administrator has paid debts due from the deceased to such an amount as, being deducted out of the amount or value of the estate, reduces the same to a sum which, if it had been the whole gross amount or value of the estate, would have occasioned a less court-fee to be paid on the probate or letters of administration granted in respect of such estate than has been actually paid thereon under this Act, such authority may return the difference, provided the same be claimed within three years after the date of such probate or letters. But when, by reason of any legal proceeding, the debts due from the deceased have not been ascertained and paid, or his effects have not been recovered and made available, and in consequence thereof the executor or administrator is prevented from claiming the return of such difference within the said term of three years, the said authority may allow such further time for making the claim as may appear to be reasonable under the circumstances.
SECTION 19C: RELIEF IN CASE OF SEVERAL GRANTS
Whenever a grant of probate or letters of administration has been or is made in respect of the whole of the property belonging to an estate, and the full fee chargeable under this Act has been or is paid thereon, no fee shall be chargeable under the said Act when a like grant is made in respect of the whole or any part of the same property belonging to the same estate. Whenever such a grant has been or is made in respect of any property forming part of an estate, the amount of fees then actually paid under this 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.
SECTION 19D: PROBATES DECLARED VALID AS TO TRUST PROPERTY THOUGH NOT COVERED BY COURT FEE
The probate of the will, or the letters of administration of the effects of any person deceased heretofore or hereafter granted shall be deemed valid and available by his executors or administrators for recovering, transferring or assigning any movable or immovable property whereof or whereto the deceased was possessed or entitled, either wholly or partially as a trustee, notwithstanding the amount or value of such property is not included in the amount or value of the estate in respect of which court-fee was paid on such probate or letters of administration.
SECTION 19E: PROVISION FOR CASE WHERE TOO LOW A COURT FEE HAS BEEN PAID ON PROBATES, ETC
Where any person on applying for probate or letters of administration has estimated the estate of the deceased to be of less value than the same has afterwards proved to be, and has in consequence paid too low a court-fee thereon, the Chief Controlling Revenue Authority for the local area in which the probate or letters has or have been granted, may, on the value of the estate of the deceased being verified by affidavit or affirmation, 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 thereon in respect of such value and of the further penalty, if the probate or letters is or are produced within one year from the date of the grant, of five times, or, if it or they is or are produced after one year from such date, of twenty times, such proper court-fee, without any deduction of the court -fee originally paid on such probate or letters: PROVIDED that, if the application be made within six months after the ascertainment of the true value of the estate and the discovery that too low a court-fee was at first paid on the probate or letters, and if the said authority is satisfied that such fee was paid in consequence of a mistake or of its not being known at the time that some particular part of the estate belonged to the deceased, and without any intention of fraud or to delay the payment of the proper court-fee, the said Authority may remit the said penalty, and cause the probate or letters to be duly stamped on payment only of the sum wanting to make up the fee which should have been at first paid thereon.
SECTION 19F: ADMINISTRATOR TO GIVE PROPER SECURITY BEFORE LETTERS STAMPED UNDER SECTION 19E
In case of letters of administration on which too low a court-fee has been paid at first, the said Authority shall not cause the same to be duly stamped in manner aforesaid until the administrator has given such security to the Court by which the letters of administration have been granted as ought by law to have been given on the granting thereof in case the full value of the estate of the deceased had been then ascertained.
SECTION 19G: EXECUTORS, ETC. NOT PAYING FULL COURT FEE ON PROBATES, ETC. WITHIN SIX MONTHS AFTER DISCOVERY OF UNDER PAYMENT
Where too low a court-fee has been paid on any probate or letters of administration in consequence of any mistake, or of its not being known at the time that some particular part of the estate belonged to the deceased, if any executor or administrator acting under such probate or letters does not, within six months after the discovery of the mistake or of any effects not known at the time to have belonged to the deceased, apply to the said Authority and pay what is wanting to make up the court-fee which ought to have been paid at first on such probate or letters, he shall forfeit the sum of one thousand rupees and also a further sum at the rate of ten rupees per cent, on the amount of the sum wanting to make up the proper court-fee.
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