Karnataka Court-fees and Suits Valuation Act, 1958 Schedule I - Bare Act |
| State | Karnataka Government |
| Year | 1958 |
| Section Title | Schedule I |
Rates of Ad Valorem Fees Leviable on the Plaints in Karnataka
SCHEDULE I
| Article | Particulars | Proper fee | |
| (1) | (2) | (3) | |
| 1 | Plaint, written statement When the amount or value of the subject-matter in dispute-- | ||
| (i) not exceeding rupees 15,000 | 2 % | ||
| (ii) exceeding rupees 15,000 but not exceeding rupees, 75,000 | Rupees 375 plus 7% of the amount exceeding rupees 15,000 | ||
| (iii) exceeding rupees 75,000 but not exceeding rupees, 2,50,000 | Rupees 4,875 plus 7% of the amount exceeding rupees 75,000 | ||
| (iv) exceeding rupees 2,50,000 but not exceeding rupees, 5,00,000 | Rupees 17,125 plus 6% of the amount exceeding rupees 2,50,000 | ||
| (v) exceeding rupees 5,00,000 but not exceeding rupees 7,50,000 | Rupees 33,375 plus 6% of the amount exceeding rupees 5,00,000 | ||
| (vi) exceeding rupees 7,50,000 but not exceeding rupees 10,00,000 | Rupees 48,375 plus 5% of the amount exceeding rupees 7,50,000 | ||
| (vii) exceeding rupees 10,00,000 but not exceeding rupees 15,00,000 | Rupees 62,125 plus 5% of the amount exceeding rupees 10,00,000 | ||
| (viii) exceeding rupees 15,00,000 but not exceeding rupees 20,00,000 | Rupees 87,125 plus 4% of the amount exceeding rupees 15,00,000 | ||
| (ix) exceeding rupees 20,00,000 but not exceeding rupees 25,00,000 | Rupees 1,09,625 plus 4% of the amount exceeding rupees, 20,00,000 | ||
| (x) exceeding rupees 25,00,000 but not exceeding rupees 30,00,000 | Rupees 1,29,625 plus 3% of the amount exceeding rupees 25,00,000 | ||
| (xi) exceeding rupees 30,00,000 but not exceeding rupees 40,00,000 | Rupees 1,47,125 plus 3% of Proper fee the amount exceeding rupees 30,00,000 | ||
| (xii) exceeding rupees 40,00,000 but not exceeding rupees 50,00,000 | Rupees 1,77,125 plus 2% of the amount exceeding rupees 40,00,000 | ||
| (xiii) exceeding rupees 50,00,000 but not exceeding rupees 60,00,000 | Rupees 2,02,125 plus 2% of the amount exceeding rupees 50,00,000 | ||
| (xiv) exceeding rupees 60,00,000 but not exceeding rupees 70,00,000 | Rupees 2,22,125 plus 1% of the amount exceeding rupees 60,00,000 | ||
| (xv) exceeding rupees 70,00,000 but not exceeding rupees 80,00,000 | Rupees 2,37,125 plus 1% of the amount exceeding rupees 70,00,000 | ||
| (xvi) above rupees 80,00,000 | Rupees 2,47,125 plus % of the amount exceeding rupees 80,00,000 | ||
| 2(a) | Petition under section 26 of the Provincial Insolvency Act, 1920 as extended and amended by the Provincial Insolvency Karnataka Extension and Amendment Act, 1962 (Karnataka Act 7 of 1963) or application under section 95 of the CPC, 1908. | An amount of one-half the scale of fee prescribed in Article 1 on the amount or compensation claimed. | |
| (b) | Appeal against order on a petition or application falling under clause (a). | On the scale prescribed in Article 1 on the amount in dispute. | |
| 3(a) | Petition under section 53 or 54 of the Provincial Insolvency Act, 1920 as extended and amended by the Provincial Insolvency Karnataka Extension and Amendment Act, 1962 (Karnataka Act 7 of 1963). | An amount of one-half of the scale of fee prescribed in Article 1 on the market-value of the subject-matter subject to a maximum fee of rupees five hundred. | |
| (b) | Appeal against order on a petition falling under clause (a) whether by the Official receiver or by the unsuccessful party. | An amount of one-half of the scale of fee prescribed in Article 1 on the market-value of the subject-matter to a maximum fee of rupees five hundred. | |
| 4. | Memorandum of appeal against order in proceedings under the Indian Succession Act, 1925. | An amount of one-half of the scale of fee prescribed in Article 1 on the amount or value of the subject-matter. | |
| 5. | Application for review of judgment, if presented before the ninetieth day from the date of the decree. | One-half of the fee leviable on the plaint or memorandum of appeal. | |
| 5A | Application for review of judgment, if presented on or after the ninetieth day from the date of the decree. | The fee leviable on the plaint or memorandum of appeal. | |
| 5AA | Application for review of order of the Karnataka Administrative Tribunal. | Twenty Rupees. | |
| 6. | Probate of a will or letters of administration with or without will annexed-- | ||
| (a) When the amount or value of the property in respect of which the grant of probate or letters is made exceeds one thousand rupees, on the part of the amount or value in excess of one thousand rupees, upto three lakhs of rupees. | (a) Three per cent. | ||
| (b) 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 amount or value in excess of three lakhs of rupees. | (b) Five per cent or rupees thirty thousand whichever is less. | ||
| 7. | Certificate under Part X of the Indian Succession Act, 1925. | The fee leviable in the case of a probate (Article 6) 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 debt is its amount including interest, on the date on which the inclusion of the debt certificate is applied for, so far as such amount can be ascertained. (2.) Whether or not any power with respect to security specified in a certificate has been conferred under the Act, and where such a power has been so conferred, whether such power is for receiving of interest or dividends on, or for the 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 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 applied for, so far as such can be ascertained. |
SCHEDULE II
| Article | Particulars | Proper fee | |
| (1) | (2) | (3) | |
| 1 | Petition in a suit under the Mysore Converts' Marriage Dissolution Act, 1866 (Mysore Act XXI of 1866); or the Converts' Marriage Dissolution Act, 1866 (Central Act XXI of 1866); Petition under the Indian Divorce Act, 1869 (Central Act IV of 1869), other than a petition under Section 44 of that Act, and every memorandum of appeal under Section 55 of that Act; | One hundred rupees | |
| Plaint or memorandum of appeal under the Parsi Marriage and Divorce | |||
| Act, 1939 (Central Act III of 1936), or counterclaim made under Section 37 of that Act- | |||
| Petition, plaint or memorandum of appeal when presented to a Court under the Dissolution of Muslim Marriage Act, 1939 (Central Act VIII of 1939), the Mysore Dissolution of Muslim Marriage Act, 1943 (Mysore Act XLIII of 1943); and the Dissolution of Muslim Marriage Act, 1939 (Central Act VIII of 1939), as in force in the Gulbarga Area; | |||
| Petition under Sections 22, 23, 24, 25 or 27 of the Special Marriage Act, 1954 (Central Act 43 of 1954) and memorandum of appeal under Section 39 of that Act; Petition under Sections 9, 10, 11, 12 or 13 of the Hindu Marriage Act, 1955 (Central Act 25 of 1955) and memorandum of appeal under Section 28 of that Act. |
| If in a suit falling under any of the above paragraphs, there is a specific claim for damages, separate fee at the rates prescribed in Article 1 of Schedule I shall be charged on the amount of damages claimed. | |||
| 2. | Undertaking under Section 49 of the Indian Divorce Act, 1869. | Five rupees | |
| 3. | Memorandum of appeal from a decision or an award or order inclusive of an order determining any question under Section 47 or Section 144 of the Code of Civil Procedure, 1908, and not otherwise provided for when presented.-- | ||
| (i) | to any Court other than the High Court or to any Executive Officer. | Four rupees | |
| (ii) | to the Karnataka Appellate Tribunal or the Co-operative Appellate Tribunal. | Eight rupees. | |
| (iii) | to the High Court -- | ||
| (1) Where the order was passed by a subordinate Court or other authority- | |||
| (a) If the order relates to a suit or proceeding, the value of which exceeds one thousand rupees. | Fifteen rupees | ||
| (b) In any other case | Eight rupees | ||
| (2) Where the appeal is under Section 45-B of the Banking Companies Act, 1949 | One hundred rupees | ||
| (3) Where the appeal is under Section 411-A of the Code of Criminal Procedure, 1898. | Five rupees | ||
| (iv) | to the government in pursuance of a statutory right to appeal for which no Court-fee is leviable under any other enactment. | Ten rupees | |
| 4. | Memorandum of appeal under Section 39 of the Arbitration Act, 1940-- | ||
| (i) | in a case where the value or jurisdiction does not exceed Rs. 5,000: | Fifteen rupees | |
| (i-a) | in a case where the value or jurisdiction exceeds Rs. 5,000 but does not exceed Rs. 50,000 | Fifty Rupees | |
| (ii) | in any other case | One hundred and fifty rupees | |
| 5. | Copy or translation of a judgment or order not being or having the force of a decree. | One rupee | |
| 6. | Copy or translation of a judgment or order of a Criminal Court. | Fifty paise. | |
| 7. | Copy of a decree or order having the force of a decree.-- | ||
| When such decree or order is made by any Court other than the High Court. | One rupee | ||
| When such decree or order is made by the High Court. | Four rupees. | ||
| 8. | Copy of any document liable to stamp duty under any law in force relating to stamps when left by any party to a suit or proceeding in place of the original withdrawn.-- | ||
| (a) | When the stamp duty chargeable on the original does not exceed one rupee. | The amount of the duty chargeable on the original. | |
| (b) | in any other case | One rupee and twenty-five paise. | |
| 9. | Copy of any revenue or judicial proceedings or order not otherwise provided for by this Act or copy of any account, statement, report, order or the like taken out of any Court or Public Office. | ||
| For every three hundred and sixty words or fraction of three hundred and sixty words. | Fifty paise | ||
| 10. (a) | Application or petition presented to any officer of the Excise or Prohibition Department or to any Magistrate by any person having dealings with the Government and when the subject matter of such application relates exclusively to those dealings | One rupee | |
| (b) | Application or petition presented to any officer of land revenue by any person holding temporarily settled land under direct engagement with Government and when the subject matter of the application or petition relates exclusively to such engagement. | One rupee | |
| (c) | Application or petition presented to any Municipal Corporation, Municipal Council, Sanitary Board, Notified Area Committee, Town Area Committee, the Commissioner, Executive Officer, Chief Officer, Secretary, President or Chairman under any Act, for the time being in force for the conservancy or improvement of any place, if the application or petition relates solely to such conservancy or improvement. | One rupee | |
| (d) | Application or petition presented to any officer of land revenue relating to the grant of land on darkhast. | One rupee | |
| (e) | Application to a Deputy Commissioner for lease of land for agricultural or non-agricultural purposes. | Two rupees | |
| (f) | Application to a Forest Officer by a forest contractor for extension of the period of lease.-- | ||
| (i) if the value of the subject matter of the lease is Rs. 5,000 or less; | Twenty five rupees | ||
| (ii) if such value exceeds Rs. 5,000 for every Rs. 1,000 or part thereof in excess of Rs. 5,000. | Five rupees | ||
| (g) | Application for attestation of private documents intended to be used outside India | Ten rupees | |
| (h) | Application for lapsed deposit presented after six months after the date on which the amount lapsed to the Government.-- | ||
| (i) When the amount of deposit does not exceed Rs. 50. | One rupee | ||
| (ii) When the amount of deposit exceeds Rs. 50 but does not exceed Rs.1,000. | Two rupees | ||
| (iii) When it exceeds Rs. 1,000 | Four rupees | ||
| (i) | Application or petition presented to the government and not otherwise provided for; | ||
| (i) which involves the exercise or non-exercise of power conferred by law or rule having the force of law; | Four rupees | ||
| (ii) in other cases. | Two rupees and fifty paise | ||
| (j) | Application or petition presented to the Karnataka Appellate Tribunal or Divisional Commissioner or Chief Executive Authority and not otherwise provided for.-- | ||
| (i) which involves the exercise or non-exercise of power conferred by law or rule having the force of law; | Four rupees | ||
| (ii) in other cases: | Two rupees and fifty paise | ||
| (k) | Application for permission for use of agricultural land for non-agricultural purposes. | Ten rupees | |
| (l) | Application or petition not falling under clauses (i) or (j) and presented to a public officer or in a public office and not otherwise provided for-- | ||
| (i) which involves the exercise or non-exercise of power conferred by law or rule having the force of law; | Two Rupees | ||
| (ii) in other cases; | One Rupee | ||
| 11. (a) | Application or petition presented to any Civil Court other than a Principal Civil Court of original jurisdiction or to any Court or Small Causes or to a Deputy Commissioner or other Officers of revenue or Public Officer in relation to any suit or case in which the amount or value of the subject matter is less than fifty rupees. | One Rupee | |
| (b) | Application or petition presented to any Court or to any Board, Statutory Authority or Public Officer for the purpose of obtaining a copy or translation of any judgment, decree or order passed by such Court, Board Statutory Authority or officer, or of any other document or record in such Court, Board Statutory Authority or office. | One Rupee | |
| (c) | Application to any Court that records may be called from another Court, when the Court grants the application and is of opinion that the transmission of such records involves the use of the post. | One rupee in addition to the fee leviable on the application. | |
| (d) | Application or petition containing a complaint or charge of any offence other than an offence for which police officers may, under the Code of Criminal Procedure, 1898, arrest without warrant, and presented to any Criminal Court. | One rupee | |
| (e) | Application or petition to deposit in Court or in the office of the Deputy Commissioner or other Revenue Officer revenue or rent. | One rupee | |
| (f) | Application or petition for determination by a Court of the amount of compensation to be paid by a landlord to his tenant. | One rupee | |
| (g) | Application or petition presented to a Court or to a Deputy Commissioner, or any Revenue Officer or to a Public Officer having jurisdiction equal or subordinate to a Deputy Commissioner, or to any Magistrate in his executive capacity and not otherwise provided for by this Act. | One rupee | |
| (h) | Application for temporary injunction in relation to any suit or proceeding-- | ||
| (i) when presented to any Court. | Ten Rupees | ||
| (ii) when presented to any other authority. | Five Rupees | ||
| (ha) | Application for arrest or attachment before judgment when presented to a Civil Court other than the High Court or a Revenue Court in relation to any suit or proceeding | Five Rupees | |
| (i) | Application under Order XXI, Rule 58 of the Code of Civil Procedure, 1908, regarding claim to the attached property.-- | ||
| (i) when filed in a Revenue Court | Five rupees | ||
| (ii) when filed in any other Court | Ten rupees | ||
| (j) | Application or petition under Section 47 and Order XXI, Rule 90 of the Code of Civil Procedure, 1908 when filed in any Court. | Five rupees | |
| (ja) | Application or petition under Order 17 Rules 1 and 2 of the Code of Civil procedure, 1908 | ||
| (i) when filed in the High Court | Ten Rupees | ||
| (ii) when filed in any other Court | Five Rupees | ||
| (k) | Application or petition under Sections 34, 72, 73, and 74 of the Indian Trusts Act, 1882. | Five rupees | |
| (l)(i) | Application for probate or letters of administration or for revocation thereof to have effect throughout India. | Twenty-five rupees | |
| (ii) | Application for probate or letters of administration or for revocation thereof not falling under clause (i) or an application for a certificate under Part X of the Indian Succession Act, 1925, or Bombay Regulation VIII of 1927.-- | ||
| (1) if the amount or value of the estate does not exceed Rs. 2,000. | Five rupees | ||
| (2) If the value exceeds Rs. 2,000 but does not exceed Rs. 10,000 | Ten rupees | ||
| (3) If the amount or value exceeds ten thousand rupees. | Twenty rupees | ||
| Provided that if a caveat is entered and the application is registered as a suit, one half the scale of fee prescribed in Article I of Schedule I on the market value of the estate less the fee already paid on the application shall be levied | |||
| (m) | Original petitions not otherwise provided for when filed in.-- | ||
| (i) any Court subordinate to the High Court. | Two rupees | ||
| (ii) the High Court | Twelve rupees | ||
| (n) | Application to set aside an award under the Arbitration Act, 1940 -- | ||
| (1) if the value of the subject matter of the award does not exceed Rs. 5000 | Twenty-five rupees | ||
| (2) if such value exceeds Rs. 5,000 | One hundred rupees | ||
| (o) | Application under Section 14 or Section 20 of the Arbitration Act, 1940, for a direction for filing an award or for an order for filing an agreement and application for enforcing foreign awards when presented to-- | ||
| (1) The Court of the Munsiff, | Fifty rupees | ||
| [x x x] | |||
| (2) any other Court | Two hundred rupees | ||
| (p) | [xxx] | [xxx] | |
| (q) | Revision petition presented to the High Court under Section 115 of the Code of Civil Procedure, 1908, or under the provisions of any other Act, arising out of a suit or proceeding-- | ||
| (i) if the value of the suit or proceeding to which the order sought to be revised relates does not exceed Rs. 1,000. | Five rupees | ||
| (ii) if such value exceeds Rs. 1,000 but does not exceed Rs. 10,000 | Fifteen Rupees | ||
| (iii) if the value exceeds Rs. 10,000 | Twenty Rupees | ||
| (r) | Petition under Sections 391, 439 and 522 of the Companies Act, 1956, in connection with the winding up of a company. | one hundred rupees | |
| (s) | Petition of the High Court under Article 226 of the Constitution for a writ other than the writ of Habeas Corpus, or a petition under Article 227 of the Constitution. | One hundred rupees | |
| (sa) | Appeal petition to the High Court from an original judgment, decree or order of a Single Judge of the High Court made in exercise of the powers under clause (1) of Article 226, Article 227 and Article 228 of the Constitution of India. | One hundred rupees | |
| (t) | Application under Section 45 of the Specific Relief Act, 1877. | Ten rupees | |
| (u) | Application of petition presented to the to the High Court the Karnataka Administrative Tribunal and not otherwise specifically provided for | Two rupees | |
| (v) | Election petition to a Civil Court or Judicial Officer questioning the election of a person in respect of.-- | ||
| (i) the office of Member of a Taluk Board or Panchayat. | Fifteen rupees | ||
| (ii) the office of President or Vice-President of a Taluk Board or Chairman or Vice-Chairman of a Panchayat. | Twenty five rupees | ||
| (iii) the member of a town [x x x] Municipal Council: | Fifty rupees | ||
| (iv) the office of member of a Municipal Corporation in the State or of member of a City Municipal Council [x x x] [x x x]. | One hundred rupees | ||
| (v) the office of Mayor or Deputy Mayor of a Municipal Corporation or of Chairman of a Municipality. | Two hundred rupees | ||
| [x x x] | |||
| 12. | Application for leave to sue as a pauper | Seventy-five paise | |
| 13. | Application for leave to appeal as a pauper.-- | ||
| (a) | when presented to a High Court | Two rupees and fifty paise | |
| (b) | when presented to any other Court | One rupee and twenty-five paise. | |
| 14. | Bail bond or other instrument of obligation given in pursuance of an order made by a Court of Magistrate under any section of the Code of Criminal Procedure, 1898 or the Code of Civil Procedure, 1908 and not otherwise provided for by this Act. | One rupee and twenty-five paise. | |
| 15. | Every copy of power-of-attorney when filed in any suit or proceeding. | Two Rupees | |
| 16. | Muktharnama or Vakalatnama or any paper signed by an advocate signifying or intimating that he is retained for a party. | ||
| When presented-- | |||
| (a) | to any Court (other than a High Court or to the Karnataka Administrative Tribunal or to the Karnataka Appellate Tribunal, Sales Tax Appellate Tribunal | One rupee | |
| [x x x] or Deputy Commissioner or any statutory or other authority or any officer. | One rupee | ||
| (b) | to the Karnataka Appellate Tribunal or the Karnataka Sales Tax Appellate Tribunal | Two rupees | |
| (c) | to the High Court | Three rupees | |
| (cc) | to the Karnataka Administrative Tribunal | Three rupees | |
| (d) | to the Government | Three rupees | |
| 17. | Agreement writing stating a question for the opinion of the Court under the Code of Civil Procedure, 1908 -- | ||
| (i) Where the value of the subject matter does not exceed Rs. 5,000. | Fifteen rupees | ||
| (ii) In any other case | One hundred rupees | ||
| 18. | Caveat.-- | ||
| (1) | when filed under the Indian Succession Act.-- | ||
| (i) if the value of the property involved does not exceed two thousand rupees | Six rupees and twenty five paise | ||
| (ii) if the value of the property involved exceeds two thousand rupees | Twelve rupees and fifty paise | ||
| (2) | in other cases | ||
| (i) | if filed in the High Court | Ten rupees | |
| (i-a) | If filed in the Karnataka Administrative Tribunal | Ten rupees | |
| (ii) | if filed in other Courts | Five rupees. |