Bare Act Search Results

Court-fees Act, 1870 Section 5

Title: Procedure in Case of Differences as to Necessity or Amount of Fees

State: Central

Year: 1870

When any difference arises between the officer whose duty it is to see that any fee is paid under this Chapter and any suitor or attorney, as to the necessity of paying a fee or the amount thereof, the question shall, when the difference arises in any of the said High Courts, 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.

Court-fees Act, 1870 Section 12

Title: Decision of Questions as to Valuation

State: Central

Year: 1870

(i) Every question relating to valuation for the purpose of determining the amount of any fee chargeable under this Chapter on a plaint or memorandum of appeal, shall be decided by the Court in which such plaint or memorandum, as the case may be, is filed, and such decision shall be final as between the parties to the suit. (ii) But whenever any such suit comes before a Court of appeal, reference or revision, if such Court considers that the said question has been wrongly decided to the detriment of the revenue, it shall require the party by whom such fee has been paid to pay so much additional fee as would have been payable had the question been rightly decided, and the provisions of section 10, paragraph (ii), shall apply.

Court-fees Act, 1870 Section 11

Title: Procedure in Suits for Mesne Profits or Account when Amount Decreed Exceeds Amount Claimed

State: Central

Year: 1870

In suits for mesne profits or for immoveable property and mesne profits, or for an account, if the profits or amount decreed are or is in excess of the profits claimed or the amount at which the plaintiff valued the relief sought, the decree shall not be executed until the difference between the fee actually paid and the fee which would have been payable had the suit comprised the whole of the profits or amount so decreed shall have been paid to the proper officer. Where the amount of mesne profits is left to be ascertained in the course of the execution of the decree, if the profits so ascertained exceed the profits claimed, the further execution of the decree shall be stayed until the difference between the fee actually paid and the fee which would have been payable had the suit comprised the whole of the profits so ascertained is paid. If the additional fee is not paid within such time as the Court shall fix, the suit shall be dismissed.

Court-fees Act, 1870 Section 19J

Title: Recovery of Penalties Etc.

State: Central

Year: 1870

(1) Any excess fee found to be payable on an inquiry held under section 19H, sub- section (6), and any penalty or forfeiture under section 19G 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 Collector1***. (2) The Chief Controlling Revenue- authority may remitt the whole or any part of any such penalty or forfeiture as aforesaid, or any part of any penalty under section 19E or of any court- fee under section 19E in excess of the full court- fee which ought to have been paid. ________________________ 1. The words "in any part of British India "omitted by the A.O. 1948.

Court Fees Act, 1870 Complete Act

State: Central

Year: 1870

..... COURT FEES ACT, 1870 7 of 1870 3rd November, 1870 CHAPTER 01: PRELIMINARY SECTION 01: SHORT TITLE This Act may be called the Court Fees Act, 1870. Extent of Act-It extends to the whole of India except the territories which, immediately before the 1st November, 1956, were comprised in Part B States. Commencement of Act-And it shall come into force on the first day of April, 1870. SECTION 01A: DEFINITION OF "APPROPRIATE GOVERNMENT" In this Act "the appropriate government" means, in relation to fees or stamps relating to documents presented or to be presented before any officer serving under the Central Government, that government, and in relation to any other fees or stamps, the State Government. SECTION 02: "CHIEF CONTROLLING REVENUE AUTHORITY" DEFINED [Repealed by AO, 1937] CHAPTER 02: FEES IN THE HIGH COURTS AND IN THE COURTS OF SMALL CAUSES AT THE PRESIDENCY -TOWNS SECTION 03: LEVY OF FEES IN HIGH COURTS ON THEIR ORIGINAL SIDES The fees payable for the time being to the clerks and officers (other than the Sheriffs and attorneys) of the High Courts other than those of Kerala, Mysore and Rajasthan; or chargeable in each of such courts under No. 11 of the.....

Court-fees Act, 1870 Section 14

Title: Refund of Fee on Application for Review of Judgement

State: Central

Year: 1870

Where an application for a review of judgment is presented on or after the ninetieth day from the date of the decree, the Court, unless the delay was caused by the applicant's laches, may, in its discretion, grant him a certificate authorizing him to receive back from the Collector so much of the fee paid on the application as exceeds the fee which would have been payable had it been presented before such day.

Court-fees Act, 1870 Section 19D

Title: Probates Declared Valid as to Trust-property Though Not Covered by Court-fee

State: Central

Year: 1870

The probate of the will, or the letters of administration of the effects, of any person deceased heretofore or hereafter granted shall be deemed valid and available by his executors or administrators for recovering, transferring or assigning any moveable or immoveable 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.

Court-fees Act, 1870 Section 19I

Title: Payment of Court-fees in Respect of Probates and Letters of Administration

State: Central

Year: 1870

(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. 11 of the First Schedule has been paid on such valuation. (2) The grant of probate or letters of administration shall not be delayed by reason of any motion made by the Collector under section 19H, sub-section (4).]

Court-fees Act, 1870 Section 19E

Title: Provision for Case Where Too Low a Court-fee Has Been Paid on Probates, Etc.

State: Central

Year: 1870

.....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. ________________________ 1. Substituted by Act 10 of 1901, Section 3(1), for "of the Province".

Court-fees Act, 1870 Complete Act

Title: Court-fees Act, 1870

State: Central

Year: 1870

Preamble1 - COURT-FEES ACT, 1870 Chapter I Section1 - Short title, Extent of Act, Commencement of Act Section1A - Definition of Appropriate Government Section2 - [Repealed] Chapter II Section3 - Levy of fees in High Courts on their original sides Section4 - Fees on documents filed etc., in High Courts in their extraordinary jurisdiction; Section5 - Procedure in case of differences as to necessity or amount of fees Chapter III Section6 - Fees on documents filed, etc., in Mufussil courts or in public offices Section7 - Computation of fees payable in certain suits Section8 - Fee on memorandum of appeal against order relating to compensation Section9 - Power to ascertain net profits or market value Section10 - Procedure where net profits or market-value wrongly estimated Section11 - Procedure in suits for mesne profits or account when amount decreed exceeds amount claimed Section12 - Decision of questions as to valuation Section13 - Refund of fee paid on memorandum of appeal Section14 - Refund of fee on application for review of judgement Section15 - Refund where Court reverses or modifies its former decision on ground of mistake Section16 - Refund of fee Section17 -.....