Bombay Court Fees Act 1959 Complete Act - Citation 133177 - Bare Act

Act Info:

BOMBAY COURT FEES ACT 1959

BOMBAY COURT

FEES ACT 1959

36 of 1959

An Act to consolidate and amend the law relating to fees taken in the Courts and public offices and fees taken in respect of certain matters in the State of Bombay, other than fees falling ; under Entries 77 and 96 of List I in the Seventh Schedule to the Constitution of India.

Whereas it is expedient to consolidate and amend the law relating to fees taken in the courts and public offices and fees taken in respect of certain matters in the state of Bombay, other than fees falling under Entries 77 and 96 of List I in the Seventh Schedule to the Constitution of India; It is hereby enacted in the Tenth Year of the Republic of India, as follows

CHAPTER 1: PRELIMINARY:

Section 1: Short title, extent, commencement and application:

Gujarat

S.1- Provision is the same as in Maharashtra, except that word 'Maharashtra' is substituted as 'Gujarat'. Hereafter only where there is some difference in words of the provisions, Gujarat provision is noted below the relevant section, else the Act is the same both in Gujarat and Maharashtra.

Gujarat

In its application to the State of Gujarat, in S. 1(2), for "State of Bombay" the words "State of Gujarat" are substituted-Guj. A.L.O., 1960, Pr. 3 and Sch. (1-5-1960).(1) This Act may be called The Bombay Court-fees Act, 1959.

(2) It extends to the whole of the State of [Maharashtra].

(3) It shall come into force on such date as 'the State Government may, by notification in the Official Gazette, appoint.

(4) The provisions of this Act shall not apply to fees or 'stamps relating to documents presented or to be presented before any officer serving under/the Central Government.

(5) In the absence of any specific provisions to the contrary, nothing in this Act shall affect any special law now in force relating to fees taken in the Courts and public offices.

SECTION 2: Definitions:

In this Act, unless the context otherwise requires.-

Gujarat

In its application to the State of Gujarat, in S. 2(a), for the "State of

bombay", the words "State of Gujarat" are substituted-Guj. A.L.O., 1960, Pr. 3 and Sch. (1-5-1960).(a) "Chief Controlling Revenue Authority" means such officer as the State Government may by notification in the Official Gazette appoint in this behalf for the whole or any part of the

[State of Maharashtra;]

(b) "Collector" includes any officer authorised by the Chief Controlling Revenue Authority to perform the functions of a Collector under this Act.

CHAPTER 2: FEES IN THE HIGH COURT AND IN THE COURT OF SMALL CAUSES AT BOMBAY:

SECTION 3: Levy of fees in High Court on its original side:

The fees payable for the time being to he clerks and officers (other than the Sheriffs and attorneys) of the High Court; or chargeable in that Court under No. 10 of the first,and Nos. 11, 14, 17,20 and 21 of the Second Schedule to this Act annexed;

Levy of fees in Bombay Small Cause Court.- and the fees for the time being chargeable in the Court of Small Causes at Bombay and its office, shall be collected in manner hereinafter appearing.

Gujarat In its application to the State of Gujarat,-

(i) in the heading below Chapter II, after the words "High Court", insert the words "and in the Court of Small Causes at Ahmedabad";

(ii) in Section 3, after second paragraph, insert the following paragraph

"and the fees for the time being chargeable in the Court of Small Causes of Ahmedabad and its office";

(iii) in the marginal note of Section 3, after the words "original side", insert the words "and in the Court of Small Causes of Ahmedabad", and omit the second marginal note.--Guj. Act 29 of 1962, Ss. 2, 3. (6-9-1962).

SECTION 4: Procedure in case of difference as to necessity or amount of fee:

Gujarat

(i) In its application to the State of Gujarat, sub-section (2) which was omitted by Guj. A.L.O., 1960, and inserted

by Guj. Act 29 of 1962, S. 4 is practically the same as in Maharashtra with this difference that for the words "of Bombay, the question shall be referred to the Clerk of the Court", words "of Ahmedabad, the question shall be referred to the Registrar" are substituted and for the words "by the Chief Judge of Small Cause

Court", words "by the Chief Judge of the said Court of Smal lCauses'' are there- Guj. Act 29 of 1962, S. 4 (6-9-1962). (ii) In Gujarat for the words "within thirty days" read words "within sixty days"; (iii) and for the words "by the Chief Judge of the small Cause Court", read words "by the Chief Judge of the said Court of Small Causes".(1) 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 the High Court, be referred to the taxing officer, whose decision thereon shall be final subject to revision, on an application, made within

[thirty days] from the date of the decision, by the suitor or attorney or such officer as may be appointed in this behalf by the State Government, by the Chief Justice or by such Judge of the High Court as the Chief Justice shall appoint either generally or specially in this behalf. The Chief Justice shall declare who shall be taxing officer within the meaning of this sub-section.

(2) When any such difference arises in the Court of Small Causes of Bombay, the question shall be referred to the Clerk of the Court, whose decision thereon shall be final, subject to revision, on an application, made within

[thirty days] from the date of the decision by the party concerned or such officer as may be appointed in this behalf by the State Government, by the Chief Judge of the Small Cause Court, or by such Judge of that Court as the Chief Judge shall appoint either generally or specially in this behalf.

CHAPTER 3: COMPUTATION OF FEES:

SECTION 5: Fees on documents filed, etc., in Courts or in public offices:

Gujarat

In its application to the State of Gujarat, sub-sections (3) and (5) are as follows

"(3) When any such difference arises in Ahmedabad City Civil Court, the question shall be referred to the Registrar of the City Civil Court, whose decision shall be final, subject to revision, on an application made within sixty days from the date of the decision, by the party concerned or such officer as may be appointed in this behalf by the State Government, by the Principal Judge or such other Judge of the said Court as the Principal Judge shall appoint either generally or specially in this behalf."

"(5) Nothing in this section shall affect the provisions of the Presidency Small Cause Courts Act, 1882, in its application to the State of Gujarat."-Guj. Act 29 of 1962, S. 5 (6-9-1962).(1) 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 has been paid a fee of an amount not less than that indicated by either of the said Schedules as the proper fee for such document.

(2) When any difference arises between the officer whose duty it is to see that any fee is paid under this Act and any suitor or his pleader, as to the necessity of paying a fee or the amount thereof, the question shall, when the question arises in the High Court, be referred to the taxing officer whose decision thereon shall be final, subject to revision, on an application, made within

[thirty days] from the date of the decision, by the suitor or his pleader or such officer as may be appointed in this behalf by the State Government, by the Chief Justice or by such Judge of the High Court as the Chief Justice shall appoint either generally or specially in this behalf.

(3) When any such difference arises in the City Civil Court, Bombay, the question shall be referred to the Registrar of the City Civil Court whose decision shall be final, subject to revision, on an application, made within

[thirty days] from the date of the decision, by the party concerned or such officer as may be appointed in this behalf by the State Government, by the Principal Judge or such other Judge of the said Court as the Principal Judge shall appoint either generally or specially in this behalf.

(4) When such difference arises in any other Court, the question shall be referred to the final decision of the Judge presiding over such Court.

(5)

[* * * * * *]

SECTION 6: 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

Gujarat In its application to the State of Gujarat, in the table below sub-clause (e) of clause (iv) in column 1 -

(i) in entry (a) for "Municipal Corporations of Greater Bombay, Ahmedabad, Poona and Nagpur" substitute 'Municipal Corporation of Ahmedabad;"

(ii) in entry (b) omit 'Shalopur,' 'Kolhapur,' 'Nasik', 'Thana', 'Dhulia,' 'Jalgaon,' 'Kalyan', 'Akola,' 'Arnraoti,' 'Aurangabad and Jalna;"

(iii) in entry (c), for''State of Bombay" substitute "State of Gujarat" - Guj. A. L. 0., 1960, S. 3 and Schedule (1-5-1960).

;

For moneys (i) 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;

For maintenance and annuities (ii) In suits for maintenance (with or without a prayer for the creation of a charge), and for 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, in the case of a suit for maintenance, the amount claimed to be payable for one year and in any other case, ten times such amount:

Provided that if in a suit for maintenance the plaintiff obtained decree for maintenance, the defendant shall be liable to make good the deficit, if any, between the fee payable on ten times the amount awarded for one year and the fee already paid by the plaintiff; and the amount of such deficit shall, without prejudice to any other mode of recovery, be recoverable as an arrear of land revenue;

For other movable property having a market value (iii) 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;

Against recovery of any money due as a tax, etc (iv) (a) In suits for declaration to obtain adjudication against recovery of money from the plaintiff, whether the recovery is as land revenue or arrears of land revenue or tax or duty or cess or fee or fine or penalty or under any decree or order of a Court or any certificate or award other than under (Arbitration Act, 1940).

or in any other manner-one-fourth of ad valorem fee leviable on the amount sought to be recovered according to the scale prescribed under Article

of Schedule I with a minimum fee of fifteen rupees:

Provided that when in addition any consequential relief other than possession is sought, the amount of fee shall be one-half of ad valorem fee on the amount sought to be recovered;

Provided further that when the consequential reliefs also sought include a relief for possession, the amount of fee shall be the full ad valorem fee on the amount sought to be recovered;

Similar claim in respect of movable property (b) In suits for declaration similar to those falling under sub-paragraph (a) in respect of movable property -one-fourth of ad valorem fee leviable on the value of the movable property subject to the minimum fee as under sub- paragraph (a):

Provided that when in addition any consequential relief other than possession is sought, the amount of fee shall be one-half of ad valorem fee leviable on the value of such property :

Provided further that when the consequential reliefs also sought include a relief for possession, the amount of fee shall be the full ad valorem fee leviable on such value;

For status with monetary attribute (c) In suits for declaration of the status of plaintiff, to which remuneration, honorarium, grant, salary, income, allowance or return is attached, one-fourth of ad valorem fee leviable on the emoluments or value of return for one year;

Provided that when in addition any consequential relief other than possession is sought, the amount of the fee shall be one-half of ad valorem fee on such emoluments or value of return;

Provided further that when the consequential reliefs also sought include a relief for possession, the amount of fee shall be the full ad valorem fee on such emoluments or value of return;

For ownership etc., of immovable property etc (d) In suits for declaration in respect of ownership, or nature of tenancy, title, tenure, right, lease, freedom or exemption from, or non-liability to attachment with or without sale or other attributes, of immovable property, such as a declaration that certain land is personal property of the Ruler of any former Indian State or public trust property or property of any class or community-one-fourth of ad valorem fee leviable for a suit for possession on the basis of title of the subject-matter, subject to a minimum fee of eighteen rupees and seventy-five naye paise:

Provided that if the question is of attachment with or without sale the amount of fee shall be the ad valorem fee according to the value of the property sought to be protected from attachment with or without sale or the fee of fifteen rupees, whichever is less:

Provided further that, where the defendant is or claims under or through a limited owner, the amount of fee shall be one-sixth of such ad valorem fee, subject to the minimum fee specified above:

Provided also that in any of the cases falling under this clause except its first proviso, when in addition any consequential relief other than possession is sought the amount of fee shall be one-half of ad valorem fee and when the consequential reliefs also sought include a relief for possession the amount of fee shall be the full ad valorem fee;

Declaration for easements etc.- (e) In suits for declaration of easement or right to benefits arising out of immovable property, with or without an injunction or other consequential relief, the amount of fee shall be as shown in the Table below

Table

For other status without monetary attribute (f) In suits for declaration of status to which no direct monetary attribute is attached such as a declaration that the plaintiff is a married husband or wife of the defendant or divorced husband or wife of the defendant or a declaration about legitimacy of children or about citizenship rights or about an adoption - thirty rupees.

Provided that where injunction or other consequential relief is also sought in such case, the amount of fee shall be fifty rupees;

For charge on property.-(g) In suits for declaration of a charge in favour of the plaintiff on movable or immovable property - one-half of ad valorem fee payable on the charge amount:

Provided that where injunction or other consequential relief is also sought in such cases, the amount of fee shall be the full ad valorem fee payable on the charge amount;

For periodical money returns.- (h) In suits for declaration in respect of periodical charge or money return in favour of or against the plaintiff - One-half of ad valorem fee payable on the charge for 5 years if the charge is annual and on the charge for one year if the period of the' charge is less than one year

[For voidance of sale, contract for sale, etc.- (ha) In suits for declaration that any sale, or contract for sale, or termination of contract of sale, of any moveable or immoveable property is void - one-fourth of ad valorem fee leviable on the value, of the property;

For voidance of acquisition proceedings.- (hb) In suits for declaration that any proceedings for compulsory acquisition of any moveable or immoveable property are void - one-fourth of ad valorem fee leviable on the value of the property.]

For accounts (i) In suits for accounts - according to the amount at which the relief sought is valued in the plaint or memorandum of appeal, subject to the provisions of (Section 8), and subject to a minimum fee of twenty rupees;

For other declaration (j) In suits where declaration is sought, with or without injunction or other consequential relief and the subject-matter in dispute is not susceptible of monetary evaluation and which are not otherwise provided for by this Act -

[ad valorem fee payable, as if the amount or value of the subject-matter was three hundred rupees;]

In all suits under clauses (a) to (i), the plaintiff shall state the amount which he values the relief sought, with the reasons for the valuation;

For possession of lands, houses and gardens.- (v) In suits for the possession of lands, houses and gardens - according to the value of the subject-matter, and such value shall be deemed to be, where the subject-matter is a house or garden - according to the market value of he house or garden and where the subject-matter is land, and-

(a) 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 twelve and a half times the survey assessment; (b) 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 twenty times the survey assessment; and (c) where the whole or any part of the annual survey assessment is remitted - a sum computed under sub-paragraph (a) or sub-paragraph (b), as the case may be, in addition to twenty times the assessment, or the portion of assessment, so remitted;

To enforce a right of pre-emption.- (vi) 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;

For share injoint property.- (vii) In suit for partition and separate possession of a share of joint family property or of joint property, or to enforce a right to a share in any property on the ground that it is joint family property or joint property whether or not the plaintiff is in actual or constructive possession of the property of which he claims to be a coparcener or co-owner - according to the value of the share in respect of which the suit is instituted;

For interest of assignee of land revenue.- (viii) 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;

To set aside an attachment.- (ix) 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;

To redeem.- (x) In suits against a mortgagee for the recovery of the property mortgaged, and in suit by a mortgagee to foreclose the mortgage,

To foreclose.- or, when 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;

For specific performance.- (xi) In suits for specific performance-

(a) of a contract of sale - according to the amount of 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;

Between landlord and tenant.- (xii) In the following suits between landlord and tenant

(a) for the delivery by a tenant of the counterpart of a lease, (b) to enhance the rent of a tenant having a right of occupancy. (c) for the delivery by a landlord of a lease, (d) for the recovery of immovable property from a tenant, including a tenant holding over after the determination of a tenancy, (e) to contest a notice of ejectment, (f) to recover the occupancy of immovable property from which a tenant has been illegally ejected by the landlord, and (g) 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 7: Fee on memorandum of appeal against order or award relating to compensation in certain cases:

(1) 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.

(2) The amount of fee payable under this Act on a memorandum of appeal against an award of a Claims Tribunal preferred under (S.110-D of the Motor Vehicles Act, 1939) shall be computed as follows :

(i) If such appeal is preferred by the insurer or owner of the motor vehicle - the full ad valorem fee leviable on the amount at which the relief is valued in the memorandum of appeal according to the scale prescribed under Article

of Schedule I; (ii) If such appeal is preferred by any other person-one-half of ad valorem fee leviable on the amount at which the relief is valued in the memorandum of appeal according to the said scale;

Provided that if such person succeeds in the appeal, he shall be liable to make good the deficit, if any, between the full ad valorem fee payable on the relief awarded in the appeal according to the said scale and the fee already paid by him; and the amount of such deficit shall, without prejudice to any other mode of recovery, be recoverable as an arrear of land revenue.

SECTION 8: Inquiry as to valuation of suits:

If the Court is of opinion that the subject-matter of any suit has been wrongly valued or if an application is made to the Court for the revision of any valuation made, the Court may revise the valuation and determine the correct valuation and may hold such inquiry as it thinks fit for such purpose.

SECTION 9: Investigation to ascertain proper valuation:

(1) For the purpose of the inquiry under (section 8) the Court may depute, or issue a commission to any suitable person to make such local or other investigation as may be necessary and to report thereon to the Court. Such report and any evidence recorded by such person shall be evidence in inquiry.

(2) The Court may, from time to time, direct such party to the suit as it thinks fit to deposit such sum as the Court thinks reasonable as the costs of the inquiry, and if the costs are not deposited within such time as the Court shall fix, may, notwithstanding anything contained in any other Act, reject the plaint or as the case may be, the appeal, if such party is the plaintiff or the appellant and in any other case, may recover the costs as a public demand :

Provided that when any plaint or appeal is rejected under this section the court-fee already paid shall not be liable to be refunded.

SECTION 10: Power of persons making inquiry under sections 8 and 9:

(1) The Court, when making an inquiry under (section 8)

and any person making an investigation, under (section 9) shall have repectively for the purposes of such inquiry or investigation, the powers vested in a Court under (Code of Civil Procedure, 1908), in respect of the following matters, namely :

(a) enforcing the attendance of any person and examining him on oath or affirmation; (b) compelling the production of documents or material objects; (c) issuing commissions for the examination of witnesses; (d) taking or receiving evidence on affidavits.

(2) An inquiry or investigation referred to in sub-section (1) shall be deemed to be a judicial proceeding within the meaning of (sections 193) and (S. 228 of the Indian Penal Code, 1860).

SECTION 11: Cost of inquiry as to valuation and refund of excess fee:

If in the result of an inquiry under (section 8) the Court finds that the subject-matter of the suit has been under valued, the Court may order the party responsible for the undervaluation to pay all or any part of the costs of the inquiry.

If in the result of such inquiry the Court finds that the subject-matter of the suit has not been undervalued the Court may, in its discretion, order that all or any part of such costs shall be paid by Government or by any party to the suit at whose instance the inquiry has been undertaken and if any amount exceeding the proper amount of fee has been paid shall refund the excess amount so paid.

SECTION 12: Appointment of inspecting officers and recovery in cases reported by him:

(1) The State Government may appoint generally, or in any case, or for any specified class of cases in any local area, one or more officers to be called inspecting officers.

(2) The inspecting officer may, subject to the control of the Court concerned examine the records of any case which is pending or has been disposed of, with a view to finding out whether proper fees have been paid therein.

(3) If on such examination, the inspecting officer finds that the fee payable under this Act on any document filed, exhibited or recorded in such case has not been paid or has been insufficiently paid, he shall report the fact to the presiding officer of the Court.

(4) Such presiding officer after satisfying himself of the correctness of such report, shall record a provisional finding that the proper fee has not been paid and determine the amount of the fee payable and such further sum as he thinks reasonable as the costs of the inquiry and the person from whom the fee or the difference thereof, if any, and the costs shall be recoverable.

(5) After recording a finding under sub-section (4), the presiding officer shall issue a notice to the person referred to in that sub-section to show cause why he should not be ordered to pay the fee and the costs determined hereunder, and, if sufficient cause is not shown, the presiding officer shall confirm the finding and make an order requiring such person to pay the proper fee and the costs before a specified date.

(6) If such person fails to pay the fee and the costs in accordance with the provisions of sub-section (5), they shall, on the certificate of such presiding officer, be recoverable as an arrear of land revenue.

SECTION 13: Taxing of court-fee and their recovery in suits for mesne profits or account:

(1) In a suit for the recovery of possession of immovable property and mesne profits or for mesne profits or for an account, the difference, if any, between the fee actually paid and the fee which would have been payable had the suit comprised the whole of the profits or amount found due shall, on delivery of judgment, be taxed by the Court and shall be leviable from the plaintiff and if not paid by him within thirty days from the date of the judgment be recoverable according to the law and under the rules for the time being in force for the recovery of arrears of land revenue.

(2) The Court shall send a copy of the decree passed in such suit to the Collector.

(3) No decree for mesne profits passed in any such suit by the Court shall be executed, until a certificate to the effect that such difference is paid or recovered, signed by the Court which passed the decree or by the Collector who recovered the amount, is produced along with the application for such execution.

SECTION 14: Decision of question as to valuation:

(1) 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.

(2) 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.

SECTION 15: 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 (Code of Civil Procedure, 1908)

, is ordered to be received, or if a suit is remanded in appeal, on any of the grounds mentioned in

(rule 23 of Order 41) in the first Schedule to the same Code for a second decision by the lower Court the Appellate Court shall grant to the appellant a certificate, authorising 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 authorize 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 16: Refund of fee on application for review of judgment:

Where an application for review of judgment is presented on or after the

[thirtieth 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 17: 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 reverse 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 the second Schedule to this Act, No. 1, clause (c) or cl.(f).

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 17A: Period of limitation for refund of fees under section 15, 16 or 17:

[- Where a certificate is granted to any person under (section 15), (Rule 16) or (Rule 17), no fee thereunder shall be refunded, unless such person presents it to the Collector or such other authority as may be prescribed by rules, for encashment, within two years from the date of issue of the certificate by the Court.]

SECTION 18: 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 powers conferred by (Code of Civil Procedure, 1908, (Schedule 1), (Order 2), (Rule 6).

SECTION 19: 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 a fee has been levied under this Act, is reduced to writing under the provisions of (Code of Criminal Procedure, 1898), the complainant shall pay a fee of one rupee unless the Court thinks fit to remit such payment.

SECTION 20

:
20:

Gujarat In its application to State of Gujarat, Section 20 will be as before its amendment in Maharashtra.

[(1)] 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) Application for certified copies of documents or for any other purpose in the course of a criminal proceeding presented by or on behalf of the State Government to a criminal Court. (iii) Written statements called for by the Court after the first hearing of a suit. (iv) Probate of a will, letters of administration, and, save as regards debts and securities, a certificate under Bombay Regulation VIII of 1827

any corresponding law in force, where the amount or value of the property in respect of which the probate or letters or certificates shall be granted does not exceed one thousand rupees. (v) 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 interest therein, if presented, previous to the final confirmation of such settlement. (vi) Application relating to a supply for irrigation of water belonging to Government. (vii) Application for leave to extend 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. (viii) Application for service of notice of relinquishment of land or of enhancement of rent. (ix) Written authority to an agent to distrain. (x) 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. (xi) Petition by a prisoner, or other person in duress or under restraint of any Court or its Officer. (xii) Complaint of a public servant (as defined in (Indian Penal Code, 1860), a municipal Officer, or an officer or servant of a Railway Company. (xiii) Application for the payment of money due by Government to the applicant. (xiv) Petition of appeal against any municipal tax. (xv) Applications for compensation under any law for the time being in force relating to the acquisition of property for public purposes, other than those chargeable under Article

of Schedule I.

(2) Nothing contained in this Act shall render an application to the Court under (s. 543 of the Companies Act, 1956), chargeable with any fees :

Provided that, if the applicant succeeds, the person, director, managing agent, secretary and treasurer, manager, liquidator, or officer of the company concerned against whom an order is made by the Court under that section, shall be liable to pay the fee leviable on a plaint in a suit for the same relief as is ordered by the Court; and the amount of such fee shall, without prejudice to any other mode of recovery, be recoverable as an arrear of land revenue.]

CHAPTER 4: PROBATES, LETTERS OF ADMINISTRATION AND CERTIFICATES OF ADMINISTRATION:

SECTION

21:
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 valuee than the same has afterwards proved to be, and has consequently paid too high a court-fee theron, 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 have or has 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 22: Relief when 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 23: 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 same 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 24: 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 heretobefore 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 a court-fee was paid on such probate or letters of administration.

SECTION 25: 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 26: Administrator to give proper security before letters stamped under Section 25:

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 fully stamped in a 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 27: Executors, etc., not paying full court-fee on probates, etc., within six months after discovery of underpayment:

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 132 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.

SECTION 28: Notice of applications for probate or letters of administration to be given to revenue Authorities, and procedure thereon:

(1) Where an application for probate or letters of administration is made to any Court other than the High Court, the Court shall cause notice of the application to be given to the Collector.

(2) Where such an application as aforesaid is made to the High Court, the High Court shall cause notice of the application to be given to the Chief Controlling Revenue Authority.

(3) The Collector within the local limits of whose revenue jurisdiction the property of the deceased or any part thereof is, may at any time 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; and if on such inspection or otherwise, he is of opinion that the petitioner has underestimated the value of the property of the deceased the Collector shall forward his report, giving therein his reasons for his opinion and his estimate of the true valuation, to the Prothonotary of the High Court or the Court, as the case may be, serving at the same time a copy of his report on the petitioner.

(4) If within thirty days from the date of receipt of the copy of the Collector's report served on him under sub-section (3) the petitioner does not file in Court his objections to the Collector's valuation, the Court shall make an order amending the petitioner's valuation, in accordance with the report of the Collector.

(5) If within the aforesaid period the petitioner files in Court his objection, the Court shall hold, or cause to be held, an inquiry in accordance with the provisions of Ss. 9, 10 and 11 as if the application were a suit, and shall record a finding as to the true value, as near as may be, at which the property of the deceased should have been estimated. The Collector shall be deemed to be a party to the inquiry.

(6) The finding of the Court recorded under sub-section (5) shall be final, but shall not bar the entertainment and disposal by the Chief Controlling Revenue Authority of any application under (section 25).

(7) The State Government may make rules for the guidance of Collectors in the exercise of the powers conferred by sub-section (3).

SECTION 29: Payment of court-fee in respect of probate and letters of administration:

(1) No order entitling the petitioner to the grant of probate or letters of administration shall be made upon an application for such grant 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 fee mentioned in No. 10 of the First Schedule has been paid on such valuation.

(2) The gram of probate or letters of administration shall not be delayed by reason of any report made by the Collector under (section 28), sub-sec. (3).

Section 30: Recovery of penalties, etc:

(1) Any excess fee found to be payable on an inquiry held under (section 28), and any penalty or forfeiture under (section 27) may, on the certificate of the Chief Controlling Revenue Authority, be recovered from the executor or administrator as if it were an arrear of land revenue by any Collector.

(2) The Chief Controlling Revenue Authority may remit the whole or any part of any such penalty or forfeiture as aforesaid or any part of any penalty under (section 25)

or of any court-fee under (section 25) in excess of the full court-fee which ought to have been paid.

SECTION 31: Sections 5 and 40 and to apply to probates or letters of administration:

Nothing in (Section 5) or (Section 40) shall apply to probates or letters of administration.

CHAPTER 5: PROCESS FEES:

Section 32: Rules as to costs of processes:

The High Court shall make rules as to the following matters

(i) the fees chargeable for serving and executing processes issued by such Court in its appellate jurisdiction, and by the other Civil and Revenue Courts, established within the local limits of such jurisdiction;

(ii) the fees chargeable for serving and executing processes issued by the Criminal Courts, established within such limits in the case of offences other than offences for which police officers may arrest without a warrant; and

(iii) the remuneration of the peons and all other persons employed by leave of a Court in the service or execution of processes.

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

Confirmation and publication of rules.- All such rules, alterations and additions shall, after being confirmed by the State Government, be published in the Official Gazette, and shall thereupon have the force of law.

SECTION 33: Tables of process-fees:

A table in the English and regional languages, showing the fees chargeable for such service and execution shall be exposed to view in a conspicuous part of each Court.

SECTION 34: Number of peons in District and subordinate Courts:

Subject to rules to be made by the High Court and approved by the State Government, every District Judge, the Principal Judge of the Bombay City Civil Court and every Magistrate of a District shall fix, and may from time to time alter, the number of peons necessary to be employed for the service and execution of processes issued out of his Court, and each of the Courts subordinate thereto.

Number of peons in mofussil Small Cause Courts.- and for the purposes of this section, every Court of Small Causes established under (Provincial Small Cause Courts Act, 1887) shall be deemed to be subordinate to the Court of the District Judge.

Gujarat

(i) In its application to the State of Gujarat, in Section 34, after the words "every District Judge", insert the words "the Principal Judge of the Ahmedabad City -Civil Court- Guj. Act 29 of 1962, S. 6 (6-9-1962). (ii) Words "the Principal Judge of the Bombay City Civil Court" omitted by Guj. A.L.O.,'1960 (1-5-1960).

Section 35: Number of peons in Revenue Courts:

Subject to rules to be framed by the Chief Controlling Revenue Authority and approved by the State Government, every officer performing the functions of a Collector of a District shall fix, and may from time to time alter, the number of peons necessary to be employed for the service and execution of processes issued out of his Court or the Courts subordinate to him.

CHAPTER 6: THE MODE OF LEVYING FEES:

SECTION 36: Rate of fee in force on date of presentation of document to be applicable:

All fees shall be charged and collected under this Act at the rate in force on the date on which the document chargeable to court-fee is or was presented.

SECTION 37: Collection of fees by stamps:

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

Gujarat

In Gujarat S. 37 is renumbered as sub-section (1) thereof and after that renumbered sub-section the following sub-sections have been inserted

"(2) Notwithstanding anything contained in sub-section (1), where,- (a) the State Government, in relation to any area in the State, or

(b) the Collector, in relation to any area in the district under his charge, is satisfied that on account of temporary shortage of stamps in any area, fee cannot be paid, and payment of fee cannot be indicated on documents, by means of stamps, the State Government, or as the case may be the Collector may, by notification in the Official Gazette, direct that in such area and for such period as may be specified in such notification, the fee may be paid in cash in any Government treasury or sub-treasury, and the officer in charge of such treasury or sub-treasury shall, on production of a challan evidencing payment of fee in such treasury or sub-treasury certify such payment by endorsement on the document in respect of which fee has been so paid, and state in the said endorsement the amount of the fee so paid.

(3) An endorsement made on any document under sub-section (2) shall have the same effect as if the fee of an amount equal to the amount stated in the endorsement had been paid in respect of, and such payment had been indicated on such document by means of stamps under sub-section (1)." - Guj. Act 9 of 1977, S. 2 (13-7-77).

SECTION 38: Stamps to be impressed or adhesive:

The stamps used to denote any fees chargeable under this Act shall be impressed or adhesive or partly impressed or partly adhesive, as the State Government may, by notification in the Official Gazette from time to time, direct.

SECTION 39: Rules for supply, number, renewal and keeping accounts of stamps:

The State Government may, from time to time, make rules for regulating-

(a) the supply of stamps to be used under this Act,

(b) the number of stamps to be used for denoting any fee chargeable under this Act,

(d) the keeping accounts of all stamps used under this Act:

Provided that in the case of stamps used under (section 3) in the High Court, such rules shall be made, with the concurrence of the Chief Justice of such Court.

All such rules shall be published in the Official Gazette, and shall thereupon have the force of law.

SECTION 40: Stamping documents inadvertently received:

No document which ought to bear a stamp under this Act shall be of any validity, unless and until it is properly stamped.

But, if any such document is through mistake or inadvertence received, filed or used in any Court or office without being properly stamped, the presiding Judge or the head of the office, as the case may be, or, in the case of the High Court, any Judge of such Court, may, if he thinks fit, order that such document be stamped as he may direct; and, on such document being stamped accordingly, the same and every proceeding relative thereto shall be as valid as if it had been properly stamped in the first instance.

SECTION 41: Amended document:

Where any such document is amended in order merely to correct a mistake and to make it conform to the original intention of the parties, it shall not be necessary to impose a fresh stamp.

SECTION 42: Cancellation of stamp:

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

Such officer as the Court or the head of office may from time to time appoint shall, on receiving any such document, forthwith effect such cancellation by punching out the figurehead so as to leave the amount designated on the stamp untouched, and the part removed by punching shall be burnt or otherwise destroyed.

CHAPTER 7: MISCELLANEOUS:

SECTION 43: Repayment of fee in certain circumstances:

(1) When any suit in a Court

[ or any proceeding instituted by presenting a petition to a Court under (Hindu Marriage Act, 1955),] is settled by agreement of parties before any evidence is recorded, or any appeal or cross- objection is settled by agreement of parties before it is called on for effective hearing by the Court, half the amount of the fee paid by the plaintiff,

[petitioner], appellant, or respondent on the plaint,

[petition], appeal or cross-objection, as the case may be, shall be repaid to him by the Court;

Provided that no such fee shall be repaid if the amount of fee paid does not exceed five rupees or the claim for repayment is not made within one year from the date on which the suit,

[proceeding], appeal or cross-objection was settled by agreement.

(2) The State Government may, from time to time, by order, provide for repayment to the plaintiffs,

[petitioners], appellants or respondents of any part of the fee paid by them on

paints,

petitions], appeals or cross-objections, in suits, aproceedings] or appeals disposed of under such circumstances, and subject to such conditions as may be specified in the order.

SECTION 44: Admission in criminal cases of documents for which proper fees has not been paid:

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 5) shall be deemed to prohibit such filing or exhibition.

SECTION 45: Sale of stamps:

(1) The State 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.

(2) All such rules shall be published in the Official Gazette and shall thereupon have the force of law.

(3) 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, on conviction, be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

Section 46: Power to reduce or remit fees:

The State 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.

SECTION 47: Saving of fees to certain officers of High Court:

Nothing in Chapters II and VI of this Act applies to the fees which any officer of the High Court is allowed to receive in addition to a fixed salary.

SECTION 47A: Use of former State stamps permissible for certain period to be notified:

[ During the period commencing on the 1st day of May 1960 and ending the 31st day of March 1962 or such further period as the State Government may by notification in the Official Gazette specify and notwithstanding anything contained in this Act or the rules made thereunder, any stamp issued by the Government of Bombay before the 1st day of May 1960 may also be used in the State for the purposes of this Act as if it were duly issued by the Government of Maharashtra.]

Gujarat

In its application to the State of Gujarat, Section 47-A inserted is the same as in Maharashtra with this difference that, for the words "Government of Maharashtra", words "Government of Gujarat" are to be read.- Guj, A. L. 0., 1960(1-5-1960).

SECTION 48: Saving as to stamp duties:

Nothing in this Act shall be deemed to affect the stamp duties chargeable under any other law for the time being in force relating to stamp duties.

Section 49:

Repeal and saving:

(1) On the commencement of this Act, the laws specified in col. 3 of Schedule IV hereto annexed shall be repealed in the manner and to the extent specified in col. 4 thereof:

Provided that such repeal shall not affect the previous operation of any of the laws so repealed and anything done or any action taken (including any appointment, notification, order, rule, form, application, reference, notice, report or certificate made or issued) under any such law shall in so far as it is not inconsistent with provisions of this Act, be deemed to have been done or taken under the corresponding provision of this Act and shall continue to be in force accordingly, unless and until superseded by anything done or any action taken under this Act:

Provided further that all the fees shall be charged and collected under this Act at the rate in force on the date on which the document chargeable to court-fee is or was presented.

(2) (a) All stamps in denominations of annas four or multiples thereof shall be deemed to be stamps of the value of twenty-five naye paise or, as the case may be, multiples thereof and valid accordingly,

(b) If any person is possessed of a stamp or stamps in any denominations, other than denominations of annas four or multiples thereof, and such stamp or stamps has or have not been spoiled, the Collector shall repay to such person the value of such stamp or stamps in money calculated in accordance with the provisions of sub-section (2) of

(S.14 of the coinage Act, 1906), upon such person delivering up, within six months from the commencement of this Act, such stamp or stamps to the Collector.

Section 50: Amendment of Suits Valuation Acts:

On the commencement of this Act, the laws specified in col. 3 of Schedule V thereto annexed shall be amended in the manner and to the extent specified in col. 4 thereof.

SECTION 51: No stamp duty payable where court-fee paid in suit for partition

Notwithstanding anything contained in (Bombay Stamp Act, 1958), where court-fee is paid in a suit for partition in accordance with the provisions of clause (vii) of (Section 6) of this Act, no stamp duty shall be payable on a final order for effecting a partition passed by any Revenue Authority or any Civil Court under (Article 46) in Schedule I to (Bombay Stamp Act, 1958).

SECTION 52: Rules made by Government to be laid before State Legislature:

All rules made by the State Government under this Act shall be laid before each House of the State Legislature as soon as may be after they are made and shall be subject to .such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following.

SCHEDULE 1: SCHEDULE:

1. In summary suit under Order 37 in the First Schedule to

, Two-thirds. where leave to defend is refused or where the defendant does not appear.

2. Suit the claim in which is admitted but only time or instalment for payment is asked for.

3. Suit which is got dismissed by a plaintiff for want of prosecution before the settlement of issues or recording of any evidence.

4 Suit which is withdrawn unconditionally by the plaintiff (before the settlement of issues or Two-thirds. recording of any evidence) as settled out of Court.

Two-thirds.

5. Suit in which the plaint is rejected without issuing summons to the defendant as not disclosing any cause of action or as barred by the Law of Limitation.

6. Suit in which judgment is given on admission under

before the settlement of issues or recording of any evidence

Three-

fourths.

Two thirds of

the amount of

institution fee

of the claim

admitted.

[7. Suit which is withdrawn at any time on or after the 1st November 1976, with permission Two Thirds.] of the Court to institute a fresh suit and where a fresh suit is instituted in respect of the subject- matter of such suit, and requisite court-fee is paid thereon. (ii) Notfn. No. CFA-1056-111-In exercise of the powers conferred by sub-sec. (2) of

and in supersession of Government Notification, Home Department, No. 1123/7, dated the 1st August, 1955 and of all other orders issued in this behalf, the Government of Bombay hereby directs that in any suit disposed of by a district Court, a subordinate Civil Court constituted under

, or a Court of Small Causes constituted under

as the case may be in the circumstances specified in column 1 of the Schedule hereto annexed, the part of the institution fee as specified against it in column 2 of the Schedule shall be repaid to the plaintiff by such Court.

SCHEDULE 2: SCHEDULE:

1. Suit the claim in which is admitted but only time or instalment for payment is asked for.

Two-thirds.

2. Suit which is got dismissed by a plaintiff for want of prosecution before settlement of issues

or recording of any evidence.

Two-thirds.

3. Suit which is withdrawn unconditionally by the plaintiff (before the settlement of issues or recording of any evidence) as settled out of Court.

Two-thirds.

4. Suit in which the plaint is rejected without issuing summons to the defendant as not dis-

closing any cause of action, or as barred by Law of Limitation.

Two-thirds.

5. Suit in which judgment is given on admission under

in the First Schedule

Three- fourths.

fourths.

, before the settlement of issues or recording of any evidence

Three-

fourths.

(iii) For similar notification regarding City Civil Court, Bombay, see Maha. Gaz., 6-3-1969, Pt. IV-B, p. 504. For similar notification respecting the City Civil Court Ahmedabad, see Guj. Govt. Gaz., 9-11-1961, Part IV-C, p. 285.

SCHEDULE 3: Ad valorem fees:

SCHEDULE

Gujarat

In the table of ad valorem fees, for the words, figures and letters, as inserted by Maha. Act 18 of 1960, S. 3, substitute the following "and over Rs. 1,00,000, at the rate of Rs. 100 for every Rs. 10,000 or part thereof, up to a maximum of Rs. 15,000; for example "And for the last three entries substitute Rs. 12,70,000 or more Rs. 15,00,000."

-Guj. Act 15 of 1965, S. 2(b) [w.e.f. 1-9-1965.]

Number

Proper fee 3

Plant or memorandum of appeal (not otherwise provided for in this Act) or of cross-objection presented to any Civil or Revenue Court:

When the amount of the subject-matter

Fifty naye paise. in dispute does not exceed five rupees.

When such amount or value exceeds five rupees, for every five rupees, or part thereof, in excess of five rupees, up to one hundred rupees.

When such amount or value exceeds one hundred rupees, for every ten rupees, or part thereof, in excess of one hundred rupees, up to one thousand rupees.

When such amount or value exceeds one thousand rupees, for every one hundred rupees, or part thereof, in excess of one thousand rupees, up to five thousand rupees.

When such amount or value exceeds five thousand rupees, for every two hundred and fifty rupees, or part thereof, in excess of five thousand rupees, up to ten thou- sand rupees.

When such amount or value exceeds ten thousand rupees, for every five hundred rupees, or part thereof, in excess of ten thousand rupees, up to twenty thousand rupees.

When such amount or value exceeds twenty thousand rupees, for every one thousand rupees, or part thereof, in ex- cess of twenty thousand rupees, up to thirty thousand rupees.

When such amount or value exceeds thirty thousand rupees, for every two thousand rupees, or part thereof in excess of thirty thousand rupees, up to fifty thousand rupees.

Five naye paise.

One rupee.

Six rupees and twenty- five naye paise.

Twenty rupees.

Thirty-five rupees.

Forty-five rupees.

Sixty rupees. When such amount or value exceeds fifty thousand rupees, for every five thousand rupees or part thereof, in excess of fifty thou- sand rupees, up to one lakh of rupees.

When such amount or value ex- ceeds one lakh of rupees, for every ten thousand rupees or part thereof in excess of one lakh of rupees.

Provided that the maximum fee leviable on the plaint or memo- randum of appeal or cross- objection shall be fifteen thousand rupees.

a[* * *]

In Gujarat b[Provided that, the maximum fee leviable on a plaint or memo- randum of appeal or of cross- objection shall be fifteen thou- sand rupees].

[a] Proviso omitted by Mah. Act 57 of 1974, Sec. 2 [5-12-74], inserted by Mah. Act 15 of 1984, S. 2 (a) (31-7-1984).[b] Proviso Inserted in Gujarat by Act 15 of 1965 S. [w.e.f. 1-9-65].

Eighty rupees.

One hundred rupees. Plaint in a suit for possession under s.9 of the Specific Relief Act,1877. Plaint application or petition (including memorandum of appeal), to set aside or modify any award otherwise than under Arbitration Act, 1940.

Plaint, application or petition (including memorandum of appeal) which is capable of being treated as a suit, to set aside a decree or order hav- ing the force of a decree.

Plaint in a suit, application or petition (including memoran- dum of appeal), to set aside alienation to which the plain- tiff, applicant or appellant, as the case may be, was a party either directly or through a legal guardian other than de facto or ad hoc guardian, manager or partner or Court.

A fee of one half the amount prescribed in the scale under Article 1

A fee on the amount or value of the award sought to be set aside or modified, according to the scale prescribed under Article 1. The same fee as is leviable on a plaint in a suit to obtain the relief granted in the decree or order as the case may be. A fee on the extent of the value of alienation to be set aside according to the scale prescribed under Article 1. Plaint in a suit (including memorandum of appeal) for possession between the guar- dian and ward, trustee and beneficiary, principal and agent, wife and husband, exe- cutor or administrator and be- neficiary receiver and owner of property and between per- sons having fiduciary rela- tionship.

Any other plaint, application or petition (including memo- randum of appeal) to .obtain substantive relief capable of being valued in terms of monetary gain or prevention of monetary loss, including cases wherein application or petition is either treated as a plaint or is described as the mode of obtaining relief as aforesaid.

A fee of one one-half of the amount pre- scribed in the scale under Article 1.

A fee on the amount of the monetary gain or loss to be prevented accord- ing to the scale prescribed under Article 1. Application for review of judgment if presented on or after the a[thirtieth day] from the date of the decree.

[a] Substituted

for the words "ninetieth day" by Mah.. Act, 50 of 1976, S. 3 [1-4-1977].

Application for review of judgment if presented before the a[thirtieth day] from the date of the decree.

[a] Substituted

for

the

words "ninetieth day" by Mah. Act, 50 of 1976, S. 3, [1-4-77]

Probate of a will or letters of ad- ministration with or without will annexed.

When the amount or value of the pro- perty in respect of which the grant of pro- bate or letters made exceeds one thou- sand rupees, on the part of the amount or value in excess of one thousand rupees, up to ten thousand rupees.

When the amount or value of the property in respect of which the grant of probate or letters is made exceeds ten thousand rupees, on the part of the amount or value in excess of ten thousand rupees, up to fifty thousand rupees.

The fee leviable on the plaint or memorandum of appeal.

One half of the fee leviable on the plaint or memorandum of ap- peal.

Two and a half per centum.

Three and three quarters per centum. When the amount or value of the property in respect of which the grant of probate or letters is made exceeds fifty thousand rupees, on the part of the amount or value in excess of fifty thousand rupees, up to one lakh of rupees.

When the amount or value of the property in respect of which the grant of probate or letters is made exceeds one lakh of rupees on the part of the amount or value in excess of one lakh of rupees, up to two lakhs of rupees.

When the amount or value of the property in respect of which the grant of probate or letters is made exceeds two lakhs of rupees on the part of the amount or value in excess of two lakhs of rupees, up to two lakhs and fifty thousand rupees.

When the amount or value of the property in respect of which the grant of probate or letters is made exceeds two lakhs and fifty thousand rupees, on the part of the amount or value in excess of two lakhs and fifty thousand rupees up to three lakhs of rupees.

When the amount or value of the property in respect of which the grant of probate or letters is made exceeds three lakhs of rupees, on the part of the amount or value in excess of three lakhs of rupees, up to four lakhs of rupees.

When the amount or value of the property in respect of which the grant of probate or letters is made exceeds four lakhs of rupees on the part of the amount or value in excess of four lakhs of rupees up to five lakhs of rupees. When the amount or value of the property in respect of which the grant of probate or letters is made exceeds five lakhs of rupees, on the part of the amount or value in excess of five lakhs of rupees.

Five per centum.

Five and five-eighths per centum.

Six and a quarter per centum.

Six and seven-eighths per centum.

Seven and centum.

half per

Eight and one eighths per centum.

Eight and three quarters per centum. 1

Provided that when, after the grant of a certificate under Part X of Succession Act, 1925, or under Bombay Regulation VIII of 1827 or any cor- responding law for the time being in force, in respect of any property includ- ed in an estate, a grant of probate or letters of administration is made in re- spect of the same estate, the fee payable in respect of the letter grant shall be re- duced by the amount of the fee paid in respect of the former grant.

11.

Certificate under Part X of the

The fee leviable in Succession Act, 1925.

case of a probate (Arti- cle 10) on the amount or value of any debt or security specified in the certificate under section 374

of the Act, and one and a half times this fee on the amount or value of any debt or security to which the certificate is extended under section 376 of the Act.

Note.-(1) The amount of a debt is its amount including interest on the day on which the in- clusion of the debt in the certificate is applied for, so far as such amount can be ascer- tained.

(2) Whether or not any power with respect to a security specified in a certificate

has been conferred under the Act; and where such a power has been so con- ferred,

whether

the power is for the re- ceiving of interest or dividends on, or for negotiation or transfer of the security, or for both

purposes,

the value of the security is its market value on the day on which the inclusion of the security in the certificate is app- lied for, so far as such value can be ascertain- ed. 1

12.

Certificate under Bombay Regula- tion VIII .of 1827 or under any corresponding law in force.

13.

Plaint presented with an originat-

ing summons under the Rules of

the High Court of Bombay (Origi-

nal Side), 1957.

The fee leviable in the case of a probate (Arti- cle 10) on the amount or value of the property in respect of which the certificate is granted.

The fee leviable on a plaint in a suit for the same relief, subject to a minimum fee of thirty rupees. 14.

a[*

* ]

[a] Deleted Bombay Court-fees (Amendment) Act (Maha. Act 18 of 1960), S. 3(b) [15-1 1-1960.]

Gujarat

There is no specific direction in Gujarat A.L.O. about deletion of this Article. It would therefore seem that this Article continues to be in force there still. Repealed Article is as follows : "14.

Application to the Court under section 543 of the Companies Act,1956.

a[15. Application to the Collector for a reference to the Court under S.18 of the Land Acquisition Act, 1894, in its application to the Bombay area or the Vidarbha re- gion of the State of Maharashtra or s.14 of the Land Acquisition Act, 1309 in its application to the

Hyderabad area of that State, as the case may be.]

[a] As amended by Mah. A.L.O., 1960.

The fee leviable on a plaint in a suit for the same relief." One half of ad valorem fee on the difference, if any,

between

the amount awarded by the Collector

and

the amount claimed by ap- plicant, according to the scale prescribed under Article I of Sche- dule I, subject of a mini- mum fee of fifteen rupees.

Gujarat

.In its application to the State of Gujarat, in Schedule I, Art. 15, in column I (before amendment by Mah. A.L.O., 1960.]

(1) For "[pre-Reorganisation State of Bombay excluding the transferred territories", substitute "Bombay area";

(2) Omit "or Vidarbha region";

(3) For "State of Bombay" substitute "State of Gujarat";

(4) Omit from "or section 14" to "Hydebarad area of that State." -Guj. A.L.O., 1960, Pr. 3 and Sch. [1-5-1969].

16. Application or petition made by any assessee to the High Court under S.66 of the Indian Income-tax Act, 1922.

One half of act valorem fee leviable on the amount

dispute a[(namely, the differ- ence

between

the amount of tax actually assessed

and

the amount of tax admit- ted by the assessee as payable by him)] sub- ject to the minimum fee of fifty rupees.

[a] Substituted by Bombay Court-fees (Amendment) Act (18 of 1960), S.. 3(c) [15-11-1960].

Application or petition made by any person (other than the Col- lector or the Commissioner) to the High Court under any provision of the sales tax law for the time be- ing in force in any part of the State of Bombay.

One half of ad valorem fee leviable on the amount

dispute a[(namely, the differ- ence

between

the amount actually of tax assessed

and

the amount of tax admit- ted by the assessee as payable by him)], sub- ject to the minimum fee of fifty rupees.

[a] Substituted by Bombay Court-fees (Amendment) Act (18 of 1960), S. 3(c) [15-11-1960].

When the amount But does

Table of rates of ad valorem

fees levia

orvalue of the

not exceed Proper

exceeds

on the institution of suits.

Rs.

Rs. nP. When the amount

orvalue of the

420

430

subject-matter

But does

430

440

00 exceeds

not exceed

proper Fee 440

450

Rs.

nP.

450

460

...

460

470

480

490

500

510

520

530

540

550

560

570

580

590

600

610

620

630

640

100

650

100

110

660

110

120

670

120

130

680

130

140

690

140

150

700

150

160

710

160

170

720

170

180

730

180

190

740

190

200

750

200

210

760

210

220

770

220

230

780

230

240

790

240

250

800

250

260

810

260

270

820

270

280

830

280

290

840

290

300

850

300

310

860

310

320

870

320

330

880

330

340

890

340

350

900

350

360

910

360

370

920

370

380

930

380

390

940

390

400

950

400

410

960

410

420

970

980

Rs.

nP.

Rs.

nP.

980

990

10,000

10,500

785

990

1,000

100

10,500

11,000

820

00 1,000

1,100

106

11,000

11,500

855

00 1,100

1,200

112

11,500

12,000

890

1,200

1,300

113

12,000

12,500

925

00 1,300

1,400

125

12,500

13,000

960

00 1,400

1,500

131

13,000

13,500

995

00 1,500

1,600

137

13,500

14,000

1,030

1,600

1,700

143

14,000

14,500

1,065

00 1,700

1,800

150

14,500

15,000

1,100

1,800

1,900

156

15,000

15,500

1,135

00 1,900

2,000

162

15,500

16,000

1,170 00 2,000

2,100

168

16,000

16,500

1,205

00 2,100

2,200

175

16,500

17,000

1,240

00 2,200

2,300

181

17,000

17,500

1,275

00 2,300

2,400

187

17,500

18,000

1,310

00 2,400

2,500

193

18,000

18,500

1,345 00 2,500

2,600

200

18,500

19,000

1,380

00 2,600

2,700

206

19,000

19,500

1,415

00 2,700

2,800

212

19,500

20,000

1,450

00 2,800

2,900

218

20,000

21,000

1,495

2,900

3,000

225

21,000

22,000

1,540

00 3,000

3,100

231

22,000

23,000

1,585

00 3,100

3,200

237

23,000

24,000

1,630

00 3,200

3,300

243

24,000

25,000

1,675

00 3,300

3,400

250

25,000

26,000

1,720

00 3,400

3,500

256

26,000

27,000

1,765

00 3,500

3,600

262

27,000

28,000

1,810

00 3,600

3,700

268

28,000

29,000

1,855

00 3,700

3,800

275

29,000

30,000

1,900

3,800

3,900

281

30,000

32,000

1,960

00 3,900

4,000

287

32,000

34,000

2,020 00 4,000

4,100

293

34,000

36,000

2,080

00 4,100

4,200

300

36,000

38,000

2,140

00 4,200

4,300

306

38,000

40,000

2,200

00 4,300

4,400

312

40,000

42,000

2,260

4,400

4,500

318

42,000

44,000

2,320

00 4,500

4,600

325

44,000

46,000

2,380

00 4,600

4,700

331

46,000

48,000

2,440

00 4,700

4,800

337

48,000

50,000

2,500

00 4,800

4,900

343

and the fee increases at the rate of Rs. 4,900

5,000

350

80 for every Rs.5,000 or part thereof,up

5,000

5,250

370

to Rs.1,00,000 a[and over Rs. 5,250

5,500

390

1,00,000 at the rate of Rs.100 for every 5,500

5,750

410

Rs.10,000 or part thereof up to a maximum 5,750

6,000

430

of Rs.15,000, for example:]-

5,000

6,250

450

(1)

(2)

(3) 6,250

6,500

470

Rs.

n.P. 6,500

6,750

490

1,00,000

3,300

6,750

7,000

510

2,00,000

4,300

00 7,000

7,250

530

3,00,000

5,300

00 7,250

7,500

550

4,00,000

6,300

00 7,500

7,750

570

5,00,000

7,300

00 7,750

8,000

590

6,00,000

8,300

00 8,000

8,250

610

7,00,000

9,300

00 8,250

8,500

630

8,00,000

10,300

8,500

8,750

650

9,00,000

11,300

00 8,750

9,000

670

10,00,000

12,300

00 9,000

9,250

690

11,00,000

13,300

00 9,250

9,500

710

00 b[12,00,000

14,300

9,500

9,750

730

13,00,000

15,000

00 9,750

10,000

750

15,00,000

15,000

SCHEDULE 4: Fixed fees:

SCHEDULE

Number1

Proper-fee3

Application or petition

(a) When presented to any officer of the

Twenty naye paise. Excise Department or to any Magis- trate by any person having dealings with the Government, and when the subject-matter of such application relates exclusively to those deal- ings;

or when presented to any officer of land- revenue by any person holding tempo- rarily settled land under direct engage- ment with Government and when the subject-matter of the application or petition relates exclusively to such engagement;

or when presented to any Municipal Com- missioner under any Act for the time being in force for the conservancy or improvement of any place if the appli- cation or petition relates solely to such conservancy or improvement;

or when presented to any Civil Court other than a principal Civil Court of original jurisdiction; or to any Court of Small Causes constituted under Provincial Small Cause Courts Act 1887 or to a Collector or other officer or revenue or to a public officer in relation to any suit or case in which the amount of value of the subject-matter is less than fifty rupees, not being an application for assistance under S.86 of the Bombay Land Revenue Code, 1879 or under any corresponding law for the time being in force; or when presented to any Civil, Criminal or Revenue Court, or any Board or executive officer for the purpose of obtaining a copy or translation of any judgment, decree or order passed by such Court, Board or Officer, or of any other document on record in such Court or office.

(b) When presented to a Collector or other officer of revenue for assistance under S.86 of the Bombay Land Revenue Code, 1879 or under any corres- ponding law for the time being in force.

or when presented to a Civil, Criminal or Revenue Court or to a Collector or a[any Revenue Officer having jurisdic- tion equal or subordinate to a Collec- tor,] or to any Magistrate in his execu- tive capacity b[or when presented to any Controller of Rationing or to any Food-grains Distribution officer or any officer subordinate to any of them for the grant or renewal of a licence under any licensing orders made under Essential Commodities Act, 1955,] and not otherwise provided for by this Act;

or to deposit in Court revenue or rent;

or for determination by a Court of the amount of compensation to be paid by a landlord to his tenant.

[a] Substituted for the words "any Rev- enue Officer or to a Public Officer having jurisdiction equal to or sub- ordinate to a Collector," by Mah. Act 28 of 1970, S. 4. [1-10-70.][b] Inserted and deemed always to have been inserted by Mah. Act 43 of 1977, S. 2.

(d) When presented to any competent authority for the purpose of obtaining a certificate of domicile.

Thirty-five naye paise.

Sixty-five naye paise.

One rupee,

Two rupees fifty naye

paise.

(e) When presented to a Chief Controlling Revenue or Executive Authority, or to a Commissioner of Revenue or to any chief officer charged with the executive Administration of a division and not otherwise provided for by this Act.

(f) When presented to the High Court-

Fifty rupees.

Revision application when present- ed to the High Court under s.25 of the Provincial Small Cause Courts Act, 1887 or S.115 of the Code of Civil Procedure, 1908.

Application to any Civil Court that records may be called for from another Court.

First application (other than a peti- tion 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

Application for leave to sue as a pauper.

Application for leave to appeal as a pauper.

(i) under S.45 of the Specific Re- lief Act, 1877 or for directions orders or writs under Art.226 of the Constitution of India for any purpose other than the enforcement of the funda- mental rights conferred by Part III thereof;

(ii) for directions, orders or writs under Article 226 for the enforce- ment of any of the fundamental rights conferred by Part III of the Constitution or for the exercise of its jurisdiction under Art. 227 thereof;

(iii) in any other case not otherwise provided for by this Act;

When the Court grants the application and is of opinion that the transmission of such records involves the use of the post.

Twenty rupees.

Five rupees.

Ten rupees.

Two rupees in addition

to ant fee levied on the

application under

clause (a), clause (c) or

clause (f) of Article 1 of

this schedule.

Fifty naye paise.

One rupee. (a) When presented to a District Court.

Two rupees. 8.Plaint or memorandum of appeal in a suit to obtain possession under the Mamlatdars' Courts Act, 1906.

Plaint or memorandum of appeal in a suit to establish or disprove a right of occupancy. a[9. Bail-bond or other instrument of obligation given in pursuance of an order made by a Court or Magistrate under any section of Code of Criminal Procedure, 1973, or under Code of Civil Procedure, 1908.]

[a] Substituted by Mah. Act 12 of 1976, S. 2 [1-7-76]

All other bail bonds given under Code of Criminal Procedure, 1973 and recognizance to prose- cute and recognizances for per- sonal appearance or otherwise. Undertaking under S.49 of the Indian Divorce Act, 1869. Mukhatarnama or vakalatnama.

(b) When presented to a Commissioner or the High Court.

When presented for the conduct of any one case-

(a) to any Civil or Criminal Court other than the High Court, or to any Re- venue Court, or to any Collector or Magistrate or other executive officer; (b) to the High Court.

Five rupees.

One rupee.

One rupee,

One rupee twenty-five

naye paise.

Twenty-five paise.]

One rupee twenty-five

naye paise.

Three rupees.

Gujarat In its application to the State of Gujarat, for Article 12, substitute the following

"12.

Mukhtarnama or vakalatnama.

When presented for the conduct of any

one case-

(a) to any Civil or Criminal Court other than a District Court or Court of Session or the High Court, or to any Revenue Court or to any Collector or Magistrate or other executive officer;

(b) to a District Court or Court of Session; (c) to the High Court.

One rupee.

Two rupees.

Four rupees.

- Guj. Act 37 of 1961,, S. 2 [w.e.f. 1-4-1962].

13.

Memorandum of appeal when the appeal is not from a decree or an order having the force of a decree and is presented-

14,

Caveat.

15.

16.

Application for permission to cut timber in Government forests, or otherwise relating to such forests. Memorandum of appeal presented to- (a) the State Government. (b) any Forest Officer, where such appeal is provided for by or under the Indian Forest Act, 1927 or any corresponding law force.

(a) to any Civil Court other than the High Court, or to any Revenue Court or Executive Officer other than the High Court or Chief Controlling Revenue or Executive Authority; (b) to the Chief Controlling Executive or

Revenue Authority; (c) to the High Court. When the amount or value of the property involved does not exceed two thousand rupees.

When the amount or value of the property involved exceeds two thousand rupees.

One rupee.

Two rupees and fifty

naye paise.

Five rupees.

Ten rupees.

Twelve rupees fifty naye

paise.

Fifty naye paise.

Five rupees.

One rupee. 17.

18.

Petition in a suit under the Native Converts' Marriage Dissolution Act, 1866. Application- (a) under S.20 of the Arbitra- tion Act, 1940; (b) for probate or letters of admini-

stration or for revocation there-

of under Succession Act, 1925;

or Bombay Regulation VIII of

1827 or any corresponding law for the time being in force; (d) for opinion or advice or for dis- charge from a Trust, or for appointment of new Trustees under section 34, S.72 of the Indian Trusts Act, 1882, S.73 of the Indian Trusts Act, 1882 or S.74 of the Indian Trusts Act, 1882; (e) under OR.21R.58 of the Code of Civil Procedure, 1908, regarding a claim to attached property. Agreement in writing stating a question for the opinion of the Court under Code of Civil Procedure, 1908. Every petition under Divorce Act, 1869, except petitions under S.44 OF THE Karnataka Public Libraries Act, 1965 of that Act and every memorandum of appeal under section 55 of that Act. Plaint, application, petition, or memorandum of appeal under Parsi Marriage and Divorce Act, 1936, Special Marriage Act, 1954 or Hindu Marriage Act, 1955.

Provided that where in addition to divorce damages are claimed.

When the amount or value of the estate does not exceed two thousand rupees. When it exceeds two thousand rupees, but does not exceed five thousand rupees. When it exceeds five thousand rupees.

When the amount or value of the property exceeds five hundred rupees.

22.

Petition under Christian Marriage Act, 1872, sections 45 and S.48 of the Indian Christian Marriage Act, 1872.

Thirty seven rupees fifty

naye paise.

Fifteen rupees.

Two rupees fifty naye

paise.

Six rupees twenty-five

naye paise.

Twelve rupees fifty naye

paise.

Twelve rupees fifty naye

paise.

Twelve rupees fifty naye

paise.

Twenty-five rupees.

Thirty seven rupees fifty

naye paise.

Thirty-seven rupees fifty

naye paise.

A fee as above plus a fee

on the amount of

damages claimed acc-

ording to the scale pre-

scribed under Article 1

of Schedule I

Two rupees. 23.

Plaint, petition or.application (in- cluding memorandum of appeal) which is capable of being treated as a suit- (a) for annulment of marriage;

(b) for dissolution of marriage; (c) in suit for custody of minor;

(d) for restitution of conjugal

rights; (e) for judicial separation;

(f) in or to any Civil Court not otherwise provided for and the subject-matter of which is not capable of being estimated in money value.

[a] substituted for 'thirty rupees' by Maha. Act 9 of 1970, S. 5, D/- 16-3-1970.

24.

Copy or translation of a judgment

When such judgment or order is given or

One rupee.

Thirty-seven rupees fifty

naye paise.

Thirty seven rupees fifty

naye paise.

Eighteen rupees seventy

five naye paise.

Thirty seven rupees fifty

naye paise.

Thirty seven rupees fifty

naye paise.

a[Ad valorem fee pay-

able, as if the amount

or value Of the subject-

matter was three hu-

ndred rupees.] 25.

Copy of a decree or order having

the force of a decree.

a[31.

or order not being or having the force of, a decree.

Copy of any document (including power of attorney) liable to stamp- duty under Bombay Stamp Act, 1958 or Stamp Act, 1899 or any corresponding law in force, as the case may be, when left by any party to a suit or proceeding in place of the original withdrawn. Copy of any revenue or judicial proceeding or order not otherwise provided for by this Act, or copy of any account, statement, report or the like, taken out of any Civil or Criminal or Revenue Court or office, or from the office of any Chief Officer charged with the exe- cutive administration of a division, Application made under Bombay Money-lenders Act, 1946 or under any corresponding law in force.

Application presented to any Re- gistration Officer for search of regi- stration records.

Appeal or application to the Regi- strar under section 72 or S.73 of the Indian Trusts Act, 1882, as the case may be, of Registration Act, 1908. (a) Application for a licence under

sub-clause (i) of clause (w), (b) Application for .certificate of Registration under clause (xa) of sub-section (1) of S.33 of the Bombay Police Act, 1951.]

made by any Civil Court other than the High Court, or by any Revenue Court,

When such judgment or order is given or made by the High Court.

When such decree or order is made by any Civil Court other than the District Court or High Court, or by any Revenue Court;

When such decree or order is made by the District Court;

When such decree or order is made by the High Court.

(a) When the stamp duty chargeable on the original does not exceed one rupee.

(b) in any other case.

For every three hundred and sixty words or fraction of three hundred and sixty words.

Two rupees.

Three rupees.

Six rupees.

The amount of the duty

chargeable on the

original.

One rupee twenty five

naye paise.

Sixty five naye paise.

Two rupees.

One rupee.

One rupee,

[a] Substituted by Mah. Act 50 of 1974, S. 2 [15-9-74].

Application or appeal to the Regi- onal or State Transport Authority or the State Government under Motor Vehicles Act, 1939

Five rupees. 1

Ten rupees.

Fifty rupees.

One hundred rupees.

33,

Election petition questioning the election of a person in respect of the office. (a) of Sarpanch or Upa-Sarpanch

or member of a Panchayat, (b)of councillor or member of a Municipality, District Local Board or such other Local Au- thority;

(c) of Mayor or Deputy Mayor or councillor of a municipal Cor- poration (of Greater Bombay, a[ * ] Poona and Nagpur) or President, Vice President Cha- irman or Vice Chairman of any local Authority referred to in clause (b).

[a] Omitted by Maha. A. L. 0. 1960.

Gujarat

In its application to the State of Gujarat, in Schedule II, Article 33, Column 1, in C1. (c), omit "Greater Bombay" and "Poona and Nagpur."

-Guj. A.L.O. 1960, S. 2 and Sch.. [1-5-1960.]

34.

Application or petition to the Court under sections 391, S.439 of the Companies Act, 1956 or S.522 of the Companies Act, 1956. Any other application or petition to the Court for judicial action or relief under the said Act not other- wise provided for under this Act,

35.

Application-

(a) for order of arrest or attach- ment before judgment or for tem- porary injunction;

(b) for compensation for arrest or attachment before judgment or in respect of temporary injunction obtained on insufficient grounds;

(c) for the appointment of a recei- ver in a case in which the applicant has no present right of possession of the property in dispute;

(d) for setting aside decree passed ex parte or for review of order dismissing suit for default.

36.

Appeal or application to the Co- operative Tribunal.

37.

Application made by a party to the Magistrate under S.145 of Code of Criminal Procedure, 1973.

Fifty rupees.

Ten rupees.

Two rupees fifty naye

paise.

Two rupees fifty naye

paise.

Five rupees.

One rupee.

Five rupees.

One rupee.

Ten rupees.

a[38. Memorandum of appeal, or appli- cation for revision or review pre- sented to the State Government under Chap. XIII of the Mahara- shtra Land Revenue Code, 1966].

Ten rupees.

[a] Inserted by Mah. Act 10 of 1976, S. 2 [12-4-76].a[39]. Save as otherwise provided in this Act or any other law, memoran- dum of appeal or application for revision or review presented to the State Government under any Pro- vincial or State Act or under any rules or orders issued thereunder.

SCHEDULE 5: 5:

SCHEDULE

(See

.) Form of valuation (to. be used with such modifications, if any, as may be necessary.)

IN THE COURT OF

Re Probate of the Will of

(or Administration of

the property and credits of

,) deceased. 1. I

solemnly affirm.

make oath and say that I am the executor (or one of the executors or one of the next of-kin of.............. deceased, and that I have truly set forth in Annexure A to this affidavit all the Property and credit of which the abovenamed deceased died possessed or was entitled to at the time of his death, and which have come, or are likely to come to my hands.

2. I, further say that I have also truly set forth in Annexure B all the items I am by 1aw allowed to deduct,

3. I further say that the said assets, exclusive only of such last mentioned items but inclusive of all rents, interest, dividends and increased values since the date of the death of the said deceased, are under the value of.

ANNEXURE A

VALUATION OF THE MOVABLE AND IMMOVABLE PROPERTY OF DECEASED

ANNEXURE B SCHEDULE OF DEBITS, ETC.

Amount of debts due and owing from the deceased, payable by law out of the estate ...

[(State the particulars of the debts with interest in respect of each debt separately, calcu- lating it to the time of making the application)]. Amount of funeral expenses Amount of mortgage encumbrances

[(State the particulars of amount of mortgage incumbrances with interest in respect of each mortgage incumbrance separately, calculating it to the time of making the application.)]

Property held in trust not beneficially or with general power to confer a beneficial interest Other property not subject to duty

Rs.

nP. Rs.

nP. Cash in the house and at the banks, household goods, wearing apparel, books, plates, jewels, etc.

(State estimated value according to best of Executor's or Administrator's belief.) Property in Government securities transferable at the Public Debt Office. (Stale description and value at the price of the day; also the interest separately calculating

it to the time of making the application.) Immovable property consisting of

(State description, giving in the case of houses the assessed value, if any and the number of year's assessment the market value is estimated at and in the case of land, the area the market-value and all rents that have accrued.) Leasehold property

(if the deceased held any leases for years determinable, slate the number of years' purchase the profit rents are estimated to be worth and the value of such, inserting separtely arrears due at the date of the death and all rents received or due since that date to the time of making the application.)

Property in public companies (Stale the particulars and the value calculated at the price of the day; also the interest

separately, calculating it to the time of making the application.) Policy of insurance upon life, money out on mortgage and other securities, such as bonds,

mortgages, bills, notes and other securities for money (State the amount of the whole; also the interest separately calculating it to time of making the application).

Book-debts (other than bad).

Stock in trade

...

... (State the estimated value if any). Other property not comprised under the foregoing heads (State the estimated value, if any).

Total

Deduct amount shown in Annexure B not subject to duty Net total

SCHEDULE 6: LAWS REPEALED:

SCHEDULE

- (See

Year Number

Law

Extent of repeal

1870

VII

The Court-fees Act, 1870, in its application to

The whole, in so far as it relates to Entries 3

the pre-Reorganisation State of Bombay,

and 66 of List II and Entry 47 of List III, in

excluding the transferred territories and to

the Seventh Schedule to the Constitution

the Vidarbha region and the Kutch area of

of India.

the State of Bombay.

1870

VII

The Court-fees Act, 1870, as modified arid

The whole, in so far as it relates to Entries 3

applied to the Saurashtra area of the State of

and 66 of List II and Entry 47 of List III in

Bombay by the State of Saurashtra (Applica-

the Seventh Schedule to the Constitution

tion of Central and Bombay Acts) Ordi-

of India.

nance, 1948.

1324

The Hyderabad Court-fees Act in its applica-

The whole, in so far as it relates to Entries 3 application

to the Hyderabad area of the State of

and 66 of List II and Entry 47 of List III in

Bombay

the Seventh Schedule to the Constitution

of India.

1932

The Bombay Finance Act, 1932.

Section 2A and Part III containing sections'

12.13 and 14.

SCHEDULE 7: LAWS AMENDED:

SCHEDULE

(See

Year

Number

Law

Extent of amendment

The Suits Valuation Act, 1887, in its application to the pre-Reorganisation State of Bom- bay, excluding the transferred territories and to the Vidarbha Region and the Kutch area of the State of Bombay.

The Suits Valuation Act, 1887, as modified and applied to the Saurashtra area of the State of Bombay by the State of Saurashtra (Application of Central and Bombay Acts) Ordinance, 1948.

In section 9, the words and figures "of the Court-fees Act, 1870 and" shall be deleted.

Central Bare Acts

Bombay Court Fees Act 1959 Complete Act - Bare Act

State

Year

Act Info: