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Karnataka Court-fees and Suits Valuation Act, 1958 Chapter IV

Title: Computation of Fee

State: Karnataka

Year: 1958

..... 2. Omitted by Act No. 10 of 2003, w.e.f. 1-4-2003 Previous Reference: (3) In suits in Tahsildar's courts under the Bombay Mamlatdar Courts Act, 1906 (Bombay Act II of 1906), the fee payable shall be one rupee and fifty naye paise. (4) In suits and applications under '[the Bombay Land Revenue Code, 1879 (Bombay Act V of 1879) and under the Hyderabad Land Revenue Act 131F (Hyderabad Act VIII of 1317 Fasli,] the fee payable shall be one Seventy-five naye paise. *. Now see the Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of 1964). Section 44 - Suits relating to public matters In a suit for relief under section 14 of the Religious endowments Act, 1863 (Central Act XX of 1863), or under section 91 or section 92 of the Code of Civil Procedure, 1908 (Central Act V 1908),1[or under Section 50 of the Bombay Public Trusts Act, 1950 (Bombay Act XXIX of 1950)], the fee payable shall be fifty rupees. ____________________ 1. Inserted by Act No. 13 of 1981 w.e.f. 1-1-1976. Section 45 - Interpleader suits (1) In an interpleader suit, fee shall be payable on the plaint at the rates specified in section 47. (2) Where issues are framed as between the claimants, fee.....

The Kerala Court Fees and Suits Valuation Act, 1959[1]act 10 of 1960 Complete Act

State: Kerala

Year: 1959

.....means prescribed by rules made under this Act; and iv)expressions used and not defined in this Act or in the Interpretation and General Clauses Act, 1125 (Act VII of 1125), but defined in the Code of Civil Procedure, 1908 (Central Act V of 1908), shall have the meanings respectively assigned to them in the said Code. CHAPTER II LIABIALITY TO PAY FEE. 4.Levy of fee in Courts and public offices.-No document which is chargeable with fee under this Act shall- i)be filed, exhibited or recorded in, or be acted on or furnished by, any Court including the High Court, or ii)be filed, exhibited or recorded in any public office or be acted on 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 as chargeable under this Act: Provided that, 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 Court necessary to prevent a failure of justice, nothing contained in this section shall be deemed to prohibit such filing or exhibition. [2]["4A. Levy of fee at the time of institution of suit.- Notwithstanding.....

Andhra Pradesh Court Fees and Suits Valuation Act, 1956 Complete Act

State: Central

Year: 1956

.....means prescribed by rules made under this Act; and (iv) expressions used and not defined in this Act or in the Andhra Pradesh General Clauses Act, 1891 (Act I of 1891), but defined in the Code of Civil Procedure, 1908-(Central Act V of 1908), shall have the meanings respectively assigned to them in the said Code. CHAPTER 02: LIABILITY TO PAY SECTION 04: LEVY OF FEE IN COURTS AND PUBLIC OFFICES No document which is chargeable with fee under this Act shall- (i) be filed, exhibited or recorded in, or be acted on or furnished by, any Court including the High Court, or (ii) be filed, exhibited or recorded in any public office, or be acted on or furnished by any public officer, except on payment of the fee chargeable in respect of such document under this Act: Provided that a document in respect of which the proper fee has not been paid may be filed or exhibited in a Criminal Court if the Court deems it necessary in the interests of justice to do so. SECTION 05: COLLECTION OF PROPER FEE ON DOCUMENTS When a document on which the whole or any part of the fee payable under this Act has not been paid is produced or received in any Court or public office, the Court or.....

The Pondicherry Court Fees and Suits Valuation Act, 1972 Complete Act

State: Pondicherry

Year: 1972

.....II. 21. Fees to be computed to the nearest multiple of five paise. " In the determination and computation of the amount of fee payable under this Act, any fraction of five paise less than two and a half paise shall be disregarded and any fraction of five paise equal to, or exceeding, two and a half paise shall be regarded as five paise. 22. Suits for money. " In a suit money (including a suit for damages or compensation, or arrears of maintenance, of annuities, or of other sums payable periodically), fee shall be computed on the amount claimed. 23. Suits for maintenance and annuities. - In the suits herein after maintained, fee shall be computed as follows :- (a) in a suit for maintenance, on the amount claimed to be payable for one year; (b) in a suit for enhancement or reduction of maintenance, on the amount by which the annual maintenance is sought to be enhanced or reduced; (c) in a suit for annuities or other sums payable periodically, on five times the amount claimed to be payable for one year: Provided that, where the annuity is payable for less than five years, the fee shall be computed on the aggregate of the sums payable: Provided further that a suit.....

The Tamil Nadu Court Fees and Suits Valuation Act, 1955 Complete Act

State: Tamil Nadu

Year: 1955

.....1973 1 SCWR 1 : 1972 Tax LR 581 Followed by Madras High Court in Sriramulu V. Registrar, High Court , 1974 1 MLJ 390 : 88 LW 181 (DB) Court fees Act is a fiscal Act where an adjudication given by a Tribunal could fall within two provisions of the court fees Act, one of which was for the litigant and other more liberal, the court would apply that provision which was beneficial to the litigant " Diwan Brothers V. Central Bank of India and Others AIR 1976 SC 1503 : 1976 3 SCC 800. When plaintiff dexterously couch pleadings with a view to defeat the provisions of the Court fees Act, it is incumbent on the court look into the allegations in the plaint and see what is the substantive relief asked for .- Shamsher Singh V. Rajinder Prasad and Others, AIR 1973 SC 2284 : 1974 1 SCJ 270 : 1973 SCD 844 2. Application of Act " (1) The provisions of this Act shall not apply to " (a) (Proceedings in the Presidency Court of Small Causes, Madras ( omitted ) by Act XLIII of 1979. (b) documents presented or to be presented before an officer serving under the Central Government. (2) Where any other law contains provisions relating to the levy of fee in respect of proceedings under.....

Bombay Court-fees Act, 1959, (Maharashtra) Section 6

Title: Computation of Fees Payable in Certain Suits for Money

State: Maharashtra

Year: 1959

.....period of the charge is less than one year; 7 (ha) for avoidance of sales contract for sale etc. --In suits for declaration that any sale, or contract for sale or termination of contract for sale, of any movable or immovable property is void--one-half of ad valorem fee leviable on the value of the property; 7 (hb) for avoidance of an acquisition proceeding --In suits for declaration that any proceedings for compulsory acquisition of any movable or immovable property are void--one-half of ad valorem fee leviable on the value of the property. (i) for accounts.--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 8 [one hundred rupees]. (j) for other declarations.--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 9 [--ad valorem fee payable, as if the amount or value of the subject-matter was 10 [one thousand rupees]. In all suits under clauses (a)to (i) the.....

Court-fees Act, 1870 Chapter III

Title: Fees in Other Courts and in Public Offices

State: Central

Year: 1870

.....No. 2 of 1869 (to ascertain, regulate and record certain tenures in Chota Nagpur). 8 [(xxiv) Petitions under the Indian Christian Marriage Act, 1872, sections 45 and 48 _____________________________ 1. Substituted by the A.O. 1950, for "by an officer, warrant-officer, non-commissioned officer or private of Her Majesty's Army". 2. Clause (ii) rep. by Act 12 of 1891, Section 2 and Schedule I. 3. Clause (iv) rep. by Act 13 of 1889, Section 2 and Schedule 4. See the Madras Village Courts Act, 1889 (Madras Act 1 of 1889). 5. Substituted by Act 7 of 1889, Section 13(2), for "and certificate mentioned in the First Schedule to this Act annexed, No. 12" 6. The Bengal Chaukidari Act, 1856. 7. The Chota Nagpur Tenures Act, 1869. 8. Substituted by Act 15 of 1872, Section 2, for the original clause.

Karnataka Court-fees and Suits Valuation Act, 1958 Section 32

Title: Suits Relating to Mortgages

State: Karnataka

Year: 1958

.....mortgage or charge is impleaded in a suit by a co-mortgagee to which sub-section (4) applies, or in a suit by a sub-mortgagee to which sub-section (5) applies, the provisions of sub-section (2) and (3) shall apply mutatis mutandis to a written statement or an application filed by such holder or mortgage or charge. (7) Where the original mortgagee who is impleaded in a suit to which the provisions of sub-section (5) (b) apply claims on the mortgage sub-mortgaged by him a larger amount than is claimed in the plaint, the provisions of sub-section (4) shall apply mutatis mutandis to the written statement of such mortgagor. (8) In a suit against a mortgagee for redemption of a mortgage, fee shall be computed on the amount due to the mortgagee as stated in the plaint or on one-fourth of the principal amount secured under the mortgage, whichever is higher. Provided that, where the amount due on the mortgage is found to be more than the amount on which fee has been paid by the plaintiff, no decree shall be passed until the deficit fee is paid: Provided further that, in the case of a usufructuary or anomalous mortgage, if the plaintiff prays for redemption as well as for.....

Court-fees Act, 1870 Section 7

Title: Computation of Fees Payable in Certain Suits

State: Central

Year: 1870

.....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".

Karnataka Court-fees and Suits Valuation Act, 1958 Chapter III

Title: Determination of Fee

State: Karnataka

Year: 1958

.....of the suit has not been properly valued or that the fee paid is not sufficient, the court shall follow the procedure laid down in sub-section (2). Explanation: Nothing in this sub-section shall apply to a defendant added as a successor or a representative in interest of a defendant who was on record before issues were framed on the merits of the claim and who had an opportunity to file a written statement pleading that the subject-matter of the suit was not properly valued or that the fee paid was not sufficient. (4) (a) Whenever a case comes up before a court of appeal, it shall be lawful for the court, either on its own motion or on the application of any of the parties, to consider the correctness of any order passed by the lower court affecting the fee payable on the plaint or in any other proceeding in the lower court and determine the proper fee payable thereon. Explanation: A case shall be deemed to come before a court of appeal even if the appeal relates only to a part of the subject-matter of the suit. (b) If the court of appeal decides that the fee paid in the lower court is not sufficient, the court shall require the party liable to pay the.....