THE COURT-FEES ACT, 1870 [Act, No. 7 of 1870] [11th March, 1870.]
View Complete Act List Judgments citing this sectionThisAct may be called the Court fees' Act, 1870. Extentof Act. --It extends to the whole of India except1 [theterritories which, immediately before the 1st November, 1956, were comprised inPart B States] Commencementof Act. --And it shall come into force on the first day of April, 1870. ________________________ 1.Substituted by the Adaptation of Laws (No. 2) Order, 1956, for "Part BStates".
View Complete Act List Judgments citing this section[Chief Controlling Revenue-authority defined.] Rep. by the A.O. 1937.
View Complete Act List Judgments citing this section.....India Act, 1935". 2. Substituted by the Adaptation of Laws No, 2 Order, 1956, for "High Courts for Part A States". 3. The number "16", rep. by Act 12 of 1891, Section 2 and Schedule I. 4. See the Presidency Small Cause Courts Act, 1882 (15 of 1882). Section 4 - Fees on documents filed etc., in High Courts in their extraordinary jurisdiction; No document of any of the kinds specified in the First or Second Schedule to this Act annexed, as chargeable with fees, shall be filed, exhibited or recorded in, or shall be received or furnished by, any of the said High Courts in any case coming before such Court in the exercise of its extraordinary original civil jurisdiction; or in the exercise of its extraordinary original criminal jurisdiction; in their appellate jurisdication or in the exercise of its jurisdiction as regards appeals from the 1 [judgments (other than judgments passed in the exercise of the ordinary original civil jurisdiction of the Court) of one] or more Judges of the said Court, or of a division Court; or in the exercise of its jurisdiction as regards appeals from the Courts subject to its superintendence; as Courts of reference and.....
View Complete Act List Judgments citing this sectionThe fees payable for the time being to the clerks and officers (other than the sheriffs and attorneys) of1[the2[High Courts other than those of Kerala, Mysore and Rajasthan]]; or chargeable in each of such Courts under No. 11 of the first, and Nos. 7, 12, 14,.3*** 20 and 21 of the Second Schedule to this Act annexed; Levy of Fees in Presidency Small Cause Courts. -and the fees for the time being chargeable in the Courts of Small Causes at Levy of the Presidency-towns,4and their several offices; shall be collected in manner hereinafter appearing. _______________________ 1. Substituted by the A.O. 1950, for "the Courts which are High Courts for the purposes of the Government of India Act, 1935". 2. Substituted by the Adaptation of Laws No, 2 Order, 1956, for "High Courts for Part A States". 3. The number "16", rep. by Act 12 of 1891, Section 2 and Schedule I. 4. See the Presidency Small Cause Courts Act, 1882 (15 of 1882).
View Complete Act List Judgments citing this sectionNo document of any of the kinds specified in the First or Second Schedule to this Act annexed, as chargeable with fees, shall be filed, exhibited or recorded in, or shall be received or furnished by, any of the said High Courts in any case coming before such Court in the exercise of its extraordinary original civil jurisdiction; or in the exercise of its extraordinary original criminal jurisdiction; in their appellate jurisdication or in the exercise of its jurisdiction as regards appeals from the 1 [judgments (other than judgments passed in the exercise of the ordinary original civil jurisdiction of the Court) of one] or more Judges of the said Court, or of a division Court; or in the exercise of its jurisdiction as regards appeals from the Courts subject to its superintendence; as Courts of reference and revision.-or in the exercise of its jurisdiction as a Court of reference or revision; unless in respect of such document there be paid a fee of an amount not less than that indicated by either of the said Schedules as the proper fee for such document. _______________________ 1. Substituted. by Act 19 of 1922, Section.2. for "judgment of two".
View Complete Act List Judgments citing this sectionWhen any difference arises between the officer whose duty it is to see that any fee is paid under this Chapter and any suitor or attorney, as to the necessity of paying a fee or the amount thereof, the question shall, when the difference arises in any of the said High Courts, be referred to the taxing-officer, whose decision thereon shall be final, except when the question is, in his opinion, one of general importance, in which case he shall refer it to the final decision of the Chief Justice of such High Court, or of such Judge of the High Court as the Chief Justice shall appoint either generally or specially in this behalf. When any such difference arises in any of the said Courts of Small Causes, the question shall be referred to the Clerk of the Court, whose decision thereon shall be final, except when the question is, in his opinion, one of general importance, in which case he shall refer it to the final decision of the first Judge of such Court. The Chief Justice shall declare who shall be taxing-officer within the meaning of the first paragraph of this section.
View Complete Act List Judgments citing this section.....a review of judgment is admitted, and where, on the rehearing, the Court reverses or modifies its former decision on the ground of mistake in law or fact, the applicant shall be entitled to a certificate from the Court authorizing him to receive back from the Collector so much of the fee paid on the1[application] as exceeds the fee payable on any other application to such Court under the Second Schedule to this Act, No. 1, clause (b) or clause (d). But nothing in the former part of this section shall entitle the applicant 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. _____________________ 1. Substituted by Act 20 of 1870, see. 1, for "plaint or memorandum of appeal". Section 16 - Refund of fee 1[16. Refund of fee.-- Where the court refers the parties to the suit to any one of the mode of settlement of dispute referred to in section 89 of the Code of Civil Procedure, 1908 (5 of 1908), the plaintiff shall be entitled to a certificate from the court authorising him to receive back from the collector, the full amount of the fee paid.....
View Complete Act List Judgments citing this sectionExcept in the Courts hereinbefore mention ed, no document of any of the kinds specified as chargeable in the First or Second Schedule to this Act annexed shall be filed, exhibited or recorded in any Court of Justice, or shall be received or furnished by any public officer, unless in respect of such document there be paid a fee of an amount not less than that indicated by either of the said Schedules as the proper fee for such document.
View Complete Act List Judgments citing this section.....by the landlord, and (f) for abatement of rent-- according to the amount of the rent of the4[immovable property] to which the suit refers, payable for the year next before the date of presenting the plaint. _________________________ 1. The words "and the provision of the Code of Civil Procedure, section thirty-one, shall apply as if, for the word 'claim,' the words 'relief sought' were substituted" rep. by Act 12 of 1891, Section 2 and Schedule I. 2. See paragraph 8 of the A.O. 1937. In view of this provision the expression "Govemor of Bombay in Council" has been left unmodified. 3. Inserted by Act 6 of 1905, Section 2(1) 4. Substituted by Section 2(2), by Act 6 of 1905, for "land".
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