COURT FEES
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KARNATAKA COURT FEES AND SUITS VALUATION ACT, 1958
________________________________________________________________________Section CONTENTS
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement
2. Application of Act
1. Short title, extent and commencement
2. Application of Act.
3. Definitions chapter-II liability to pay fee
4. Levy of fee in courts and public offices.
5. Fees on documents inadvertently received.
6. Multifarious suits.
7. Determinations of market value.
8. Set off or counter claim.
9. Documents falling under two or more description
CHAPTER III
DETERMINATION OF FEE
10.Statement of particulars of subject matter
of suit and plaintiff’s valuation thereof.
11.Decision as to proper fee in courts.
12.Additional fee on issues framed
13.Relinquishment of portion of claim
14.Fees payable on written statements
15.Fee payable on appeals, etc.
16.Fee payable on Petitions, application etc.
17.Court-fee examiners
18.Inquiry and commission
19.Notice to the State Government
CHAPTER IV
COMPUTATION OF FEE
20.Fee how reckoned
21.Suits for money
22.Suits for maintenance and annuities
23.Suits for movable property
24.Suits for declaration.
25.Adoption suits.
26.Suits for injunction.
27.Suits relating to trust property
28.Suits for possession under the Specific Relief Act, 1877
29.Suits relating to easements.
30. Pre-emption suits
31. Suits relating to mortgages
32.Suits for accounts
33.Suits for dissolution of partnership
34.Partition suits
35.Suits for joint possession
36.Administration suits
37.Suits for cancellation of decrees, etc.
38.Suits for specific performance
39.Suits between landlord and tenant
40.Suits for mesne profits
41.Suits to alter or cancel entry in revenue
registers and certain suits relating to
public matters
42.Suits relating to public matters
43.Interpleader suits
44.Third party proceedings
45.Suits not otherwise provided for
46.Fee on memorandum of appeal
against decision, award or order
relating to compensation.
47.Appeals
CHAPTER V
VALUATION OF SUITS
50.Suits not otherwise provided for
51.Procedure where objection is taken
on appeal or revision that a suit or
appeal was not properly valued for
jurisdictional purposes
CHAPTER VI
PROBATES, LETTERS OF
ADMINISTRATION AND CERTIFICATES
OF ADMINISTRATION
52.Application for probate or letters of
administration
53.Levy of fee
54.Grant of probate
55.Relief in cases of several grants
56.Inquiry by the Deputy Commissioner
57.Application to court and power of court
58.Provision for cases where too low a fee has been paid
59.Administrator to give proper security
before letters stamped
60.Relief when too high a fee has been paid
61.Recovery of penalties etc.
62.Power of Chief Controlling Revenue
Authority
CHAPTER VII
REFUNDS AND REMISSIONS
63.Refund in case of delay in presentation
of plaint etc.
64.Refund in cases of Remand
65.Refund where court reverse or
modifies former decision on ground of mistake
66.Refund on settlement before hearing
67.Refund of fee paid by mistake or
inadvertence
68.Instruments of partition
69.Exemption of certain documents
70.Power to reduce or remit fee
CHAPTER VIII
MISCELLANEOUS
71.Collection of fees by stamps
72.Stamps to be imposed or adhesive
73.Amended document
74.Cancellation of stamp
75.Deduction to be made
76.Penalty
76A.Legal Benefit fund
77.Power of High Court to make rules
78.Power to State Government to
make Rules
79.Repeal and Savings
Schedule I
Schedule II
Schedule III
KARNATAKA COURT FEES AND
SUITS VALUATION ACT, 1958
KARNATAKA ACT NO. 16 OF 1958
[First Published in Karnataka Gazette on the Twenty sixth day of may 1958]
[Received the assent of the President on the Twenty third day of May,1958]
An Act to amend and consolidate the laws relating to Court Fees and Valuation of Suits in the State of Karnataka.
Whereas it is necessary and expedient to amend and consolidate the laws relating to the court fees and valuation of suits in the state of Karnataka.
Be it enacted by the Karnataka State Legislature in the Ninth Year of the Republic of India as follows:-
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement - (1) This Act may be called the Karnataka Court Fees and Suits Valuation Act 1958.
(2) It extends to the whole of the State of Karnataka
[(3) It shall come into force on such date as the State Government may, notification in the Official Gazette, appoint.]
2. Application of Act:- (1) The Provision of this Act shall not apply to 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 such other law, the provisions of this Act relating to the levy of fee in respect of such proceedings shall apply subject to the said provisions of such other law.
3. Definitions:- In this Act, unless the context otherwise requires:-
(i) “Appeal” includes a cross – objections;
(ia) “Chief Controlling Revenue Authority” means the Officer appointed by the State Government to be the Commissioner of Stamps for Karnataka;
(ii) “Court” means any civil, revenue or criminal court and includes a Tribunal or other authority having jurisdiction under any special or local law to decide jurisdiction under any special or local law to decide questions affecting the rights of parties;
(iii) “Prescribed” means prescribed by rules made under this Act; and
(iv) expressions used and not defined in this Act, or in the (Karnataka General clauses Act, 1899 Karnataka Act III of 1899), but defined in he Code of Civil Procedure, 1908 (Central Act V of 1908), shall have the meanings respectively assigned to them in the said code.
CHAPTER II
LIABILITY TO PAY FEE
4. Levy of the 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 documents there be paid a fee of an amount not less than that indicated as chargeable under this Act.
Provided that, whenever the filling 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;
[Provided further that not fee shall be payable in respect of any document filed, exhibited or recorded by or on behalf of the State Government or any officer of the State Government in his official capacity, or acted on at the instance of or furnished to the State Government or any officer of the State Government in his official capacity].
5. Fees on documents inadvertently received:- When a document on which the whole or any part of the fee prescribed by this Act has not been paid is produced or has, through mistake or inadvertence, been received in any court or public office, the court or the head of the office may, in its or his discretion, at any time, allow the person by whom such fee is payable to pay the fee or part thereof, as the case may be within such time as may be fixed; and upon such payment, the document shall have the same force and effect as if the full fee had been paid in the first instance.
6. Multifarious suits:- (1) In any suit in which separate and distance reliefs based on the same causes of action are sought, the plaint shall be chargeable with a fee on the aggregate value of the reliefs;
Provided that, if a relief is sought only as ancillary to the main relief, the plaint shall be chargeable only on the value of the main relief.
(2) Where more reliefs that one based on the same cause of action are sought in the alternative in any suit, the plaint shall be chargeable with the highest of the fees leviable on the reliefs.
(3) Where a suit embraces two or more distinct and different causes of action and separate reliefs are sought based on them, either alternatively or cumulatively, the plaint shall be chargeable with the aggregate amount of the fees with which plaints would be chargeable under this Act if separate suits were instituted in respect of the several cause of action.
Provided that, where the causes of action in respect of reliefs claimed alternatively against the same person arise out of the same transaction, the plaint shall be chargeable only with the highest of the fees chargeable on them.
Nothing in this sub – section shall be deemed to effect any power conferred upon a court under Rule 6 of Order II of the Code of Civil Procedure, 1908 (Central Act V of 1908):
(4) The provisions of this section, shall apply mutatis mutandis to memorandum of appeals, applications, petitions and written statement.
Explanation: For the purpose of this section, a Suit for possession of immovable property and for mesne profits shall be deemed to be based on the same cause of action.
7. Explanation of market value:- (1) Save as otherwise provided, where the fee payable under this Act depends on the market value of any property; such value shall be determined as on the date of presentation of the plaint.
(2) The market value of land in suits failing under sections 24(a), 24(b), 26(a), 28, 29, 31, 35(1), 35(2), 35(3), 36, 38, 39 or 45 shall be deemed to be:-
(a) Where the land forms and entire estate, or a definite share of an estate paying annual revenue to Government, or forms part of such an estate and is recorded in the Deputy Commissioner’s register as separately assessed with such revenue and such revenue is permanently settled twenty five times the revenue so payable;
(b) Where the land forms and entire estate, or a definite share of an estate, paying annual revenue to Government, or forms part of such estate and is recorded as aforesaid, and revenue is settled but not permanently twelve and a half times the revenue so payable;
(c) Where the land pays no such revenue, or has been partially exempted from such payment, or is changed with any fixed payment in lieu of such revenue- Fifteen times the net profits if any, from, the land during the year before the date of presenting the plaint or thirty times the revenue payable on the same extend of similar land in the neighbourhood whichever is lower;
(d) Where the land forms part of an estate paying revenue to Government, but is not a definite share of such estate and is not separately assessed as above mentioned the land is a garden or the land is a house site whether assessed to full revenue or not or is land not falling within the foregoing description, the market value of the land.
Explanation: The word “estate” as used in this section means any land subject to the payment of revenue, for which the proprietor or farmer or raiyat shall have executed a separate engagement to Government, or which in the absence of such engagement, shall have been separately assessed with revenue.
8. Set off or counter claim:- A written statement pleading a set off or counter – claim shall be chargeable with fee in the same manner as a plaint.
9. Documents falling under two or more descriptions:- Subject to the provisions of the last preceding section, a document falling within two or more descriptions in the Act shall, where the fees chargeable thereunder are different, be chargeable only with the highest of such fees:
Provided that where one of such description is special and another general, the fee chargeable shall be the fees appropriate to the special description.
CHAPTER III
DETERMINATION OF FEE
10. Statement of particulars of subject matter of suit and plaintiff’s valuation thereof:- In every suit in which the fee payable under this Act on the plaint depends on the market value of the subject matter of the suit, the plaintiff shall file with the plaint a statement in the prescribed form, of particulars of the subject matter of the suit and his valuation are contained in the plaint.
11. Decision as to proper fee in Courts:- (1) In every suit instituted in any court, the court shall before ordering the plaint to be registered, decide of the materials any allegations contained in the statement if any, filed under section 10 the proper fee payable thereon, the decision being however subject to review, further review and correction in the manner specified in the succeeding sub-sections.
(2) Any defendant may by this written statement filed before the first hearing of the suit or before evidence is recorded on the merits of the claim, but subject to the next succeeding sub-section, not later, plead that the subject matter of the suit has not been properly valued or that the fee paid is not sufficient. All questions arising on such pleas shall be heard and decided before evidence is recorded affecting such defendant, on the merits of the claims. If the court decides, that the subject matter of the suit has been properly valued or that the fee paid is not sufficient, the court shall fix a date before which the plaint shall be amended in accordance with the court’s decision and the deficit fee shall be paid. If the plaint be not amended or if the deficit fee be not paid within the time allowed, the plaint shall be rejected and the court shall pass such order as it deems just regarding costs of the suit.
(3) A defendant added after issues have been framed on the merits of the claim may in the written statement filed by him, plead that the subject matter of the suit has not been properly valued or that the fee paid is not sufficient. All questions arising on such pleas shall be heard and decided before evidence is recorded affecting such defendant, on the merits of the claim, and if the court finds that the subject matter of the suit has not be 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) Whether 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 deficit fee within such time as may be fixed by it.
(c) If the deficit fee is not paid within the time fixed and the default is in respect of a relief which has been dismissed by the lower court and which the appellant seeks in appeal, the appeal shall be dismissed, but if the default is in respect of a relief which has been decreed by the lower court the deficit fee shall be recoverable as if it were an arrear of land revenue.
(d) If the fee paid in the lower court is in excess, the court shall direct the refund of the excess to the party who is entitled to it.
(5) All questions as to value for the purpose of determining the jurisdiction of courts arising on the written statement of a defendant shall be heard and decided before evidence is recorded affecting such defendant, on the merits of the claim.
Explanation:- In this section the expression ‘merits of the claim’ refers to matters which arise for determination in the suit, not being matters relating to the frame of the suit, misjoinder of parties and causes of action, the jurisdiction of the court to entertain or try the suit or the fee payable, but inclusive of matters arising on pleas of resjudicata, limitation and the like.
12. Additional fee on issues framed:- Where a party becomes liable to pay additional fee by reason of an issue framed in the suit, the provisions of the last foregoing section shall apply to the determination and levy of such additional fee subject to the modification that where the party liable does not pay such additional fee within the time allowed, the court shall strike off the issue and proceed to hear and decide the other issues in the case.
13. Relinquishment of portion of claim:- A plaintiff who has been called upon to pay additional fee may relinquish a part of his claim and apply to have the plaint amended so that the fee paid would be adequate for the claim made in the plaint as amended. The court shall allow such application on such terms as it considers just and shall proceed to hear and decide the claim made in the plaint as amended, provided that the plaintiff shall not be permitted at any later stage of the suit to add to the claim the part so relinquished.
14. Fees payable on written statements:- Where fee is payable under this Act on a written statement filed by a defendant, the provisions of the Section 11 shall apply to the determination and levy of the fee payable on such written statement, the defendant concerned being regarded for the said purpose as the plaintiff and the plaintiff or the co-defendant or the third party, against whom the claim is made being regarded as the defendant.
15. Fee payable on appeals, etc:- The provisions of Sections 10 to 13 relating to the determination and levy of fee o plaints in suits shall apply mutatis mutandis to the determination and levy of fee in respect of a memorandum of appeal, cross objection or other proceeding in second appeal.
16. Fee payable on petitions, applications, etc:- The provisions of Sections 10 to 13 shall apply mutatis mutandis to the determination and levy of fee in respect of petitions, applications and other proceedings in courts in the same way as they apply to the determination and levy of fee on plaints in suits.
17. Court fee examiners:- (1) The High Court may depute officers to be designated Court-Fee Examiners to inspect the records of subordinate courts with a view to examine the correctness or representation made to, and orders passed by, courts on questions relating to valuation of subject matter and sufficiency of fee in respect of proceedings in such courts.
(2) Questions raised in reports submitted by such Court-fee Examiners and relating to any suit, appeal or other proceeding pending in a court shall be heard and decided by such court; and for the avoidance of doubt it is hereby declared that in hearing and deciding a question raised in any such report, it shall be lawful for the court to review an earlier decision given by the court on the same question.
18. Inquiry and commission:- For the purpose of deciding whether the subject-matter of a suit or other proceeding has been properly valued or whether the fee paid is sufficient, the court may hold such inquiry as it considers proper and may, if it thinks fit, issue a commission to any proper person directing him to make such local or other investigation as may be necessary and to report thereon to the court.
19. Notice to the State Government:- In any inquiry relating to the fee payable on a plaint, written statement, petition, memorandum of appeal or other document, or to the valuation of the subject matter of the claim to which the plaint Written statement, petition, memorandum of appeal or other document relates, in so far as such valuation affects the fee payable, the court may, if it considers it just or necessary to do so, give notice to the State Government together with a copy of any of the documents aforesaid; and where such notice is given, the State Government shall be deemed to be a party to the suit or other proceedings as respects the determination of the question or questions aforesaid; and the court’s decision on such question or questions shall, when it passes a decree or final order in such suit or proceeding, be deemed to form part of such decree or final order.
CHAPTER IV
COMPUTATION OF FEE
20. Fee how reckoned:- The fee payable under this Act shall be determined or computed in accordance, with the provisions of this Chapter, Chapter VI, Chapter VIII and Schedules I and II.
21. Suits for money:- In a suit for 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:
22. Suits for maintenance and annuities:- In the suits hereinafter mentioned, 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 not less than five years, the fee shall be computed on the aggregate of the sums payable.
Provided further that a suit for enhancement of maintenance shall be instituted in a court which will have jurisdiction to receive a suit for maintenance at the enhancement rate claimed and one for reduction of maintenance shall be instituted in a court which will have jurisdiction to receive a suit for maintenance at the rate which is sought to be reduced.
23. Suits for movable property:- (1) In a suit for movable property other than documents of title, fee shall be computed:-
(a) Where the subject matter has a market value, on such value; or
(b) Where the subject matter has no market value on the amount at which the relief sought is valued in the plaint:
Provided that where the suit is for goods pledged as security for payment of a debt, the fee shall be computed on the amount of debt.
(2) (a) In a suit for possession of documents of title, fee
shall be computed on one-eighth of the amount or of the market value of the property secured by the document:-
(i) Where the plaint alleges denial of the plaintiff’s title
to the money or the property secured by the
document; or
(ii) Where an issue is framed regarding the plaintiff’s
title to the money or the property secured by the
document:
Provided that where the allegation in the plaint or the issue framed relates only to a portion of the amount or property, fee shall be computed on one-eighth of such portion of the amount or on one-eighth of the market value of such portion of the property.
(b) In a suit for possession of documents of title where
the plaintiff’s title to the money or the property
secured by the document is not denied, fee shall be
computed on the amount at which the relief sought is
valued in the plaint.
Explanation:- The expression “document of title” means a document which purports or operates to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, in any property.
24. Suits for declaration:- In a suit for declaratory decree or order whether with or without consequential relief, not falling under Section 25.-
(a) Where the prayer is for a declaration and for possession of the property to which the declaration relates, fee shall be computed on the market value of the property or on rupees [one thousand] whichever is higher.
(b) Where the prayer is for a declaration and for consequential injunction and the relief sought is with reference to any immovable property, fee shall be computed on one-half of the market value of the property or on rupees [one thousand] whichever is higher;
(c) [(***)]
(d) In other cases, whether the subject matter of the suit is capable of valuation or not, fee shall be computed on the amount at which the relief sought is valued in the plaint or on [rupees one thousand] whichever is higher.
25. Adoption suits:- In a suit for a declaration in regard to the validity or invalidity of an adoption or the factum of an adoption, fee shall be payable at the following rates
(a) (xxx) in a court of Munsiff;
(xxx) when the market value Rupees
of the property involved in or Twenty
affected by the relief does Five
not exceed Rs.5000.
(b) In a court of Munsiff, when Rupees one
the market value of the hundred
property involved in or affected if the market
by the relief exceed value of the
Rs.5000; and property
involved in
the affected
or by the
relief is
Rs.15,000
or less and
rupees two
hundred
and fifty if
it above
Rs.15,000
(ii) In any court other than the courts specified (a)(xxx)
26. Suit for injunction:- In a suit for injunction –
(a) Where the relief sought is with reference to any immovable property : and
(i) Where the plaintiff alleges that his title to the property is denies; or
(ii) Where an issue is framed regarding the plaintiff’s title to the property.
Fee shall be computed on one-half of the market value of the property or on [Rupees one thousand] whichever is higher.
(b) [***]
(c) in any other case, whether the subject-matter of the suit has a market value of not, fee shall be computed on the amount at which the relief sought is valued in the pliant or on [Rupees one thousand] whichever is higher.
27. Suits relating to trust property:- In a suit for possession or joint possession of trust property or for a declaratory decree, whether with or without consequential relief in respect of it, between trustees or rival claimants to the office of trustee or between a trustee and a person who has ceased to be trustee, fee shall be computed on one fifth of the market value of the property subject to a maximum fee of rupees two hundred or where the property has no market value on rupees one thousand:
Provided that, where the property does not have a market value, fo the purpose of determining the jurisdiction of courts shall be such amount as the plaintiff shall state in the plaint.
Explanation:- For the purpose of this section, property comprised in Hindu, Muslim or other religious or charitable endowment shall be deemed to be trust property and the manager of any such property shall be deemed to be the trustee thereof.
28. Suits for possession under the Specific Relief Act 1877:- In a suit for possession of immovable property under section 9 of the Specific Relief Act, 1877 (Central Act 1 of 1877), fee shall be computed on one-half of the market value of the property or on [rupees one thousand] whichever is higher.
29. Suits for possession not otherwise provided for:- In a suit for possession of immovable property not otherwise provided for fee shall be computed on the market value of the property or on [rupees one thousand] whichever is higher.
30. Suits relating to Easements:- In a suit relating to an easement, whether by the dominant or the servient owner, fee shall be computed on the amount at which the relief sought is valued in the plaint, which amount shall in no case be less than [Rupees one thousand]:
Provided that, where compensation is claimed besides other relief to such easement, fee shall be paid on the amount claimed as compensation in addition to the fee payable on such other relief.
31. Pre-emption suits:- In a suit to enforce a right of pre-emption, fee shall be computed on the amount of the consideration for the sale which the pre-emptor seeks to avoid or on the market value, whichever is earlier.
32. Suits relating to mortgages:- (1) In a suit to recover the money due on a mortgage, fee shall be computed on the amount claimed.
Explanation:- It is immaterial that sale of the mortgaged property is not prayed for.
(2) Where, in such a suit, the holder or a prior mortgage or charge is impleaded and he prays in his written statement that the amount due on this mortgage or charge be determined and that the decree contain, a direction for the payment of such amount to him fee shall be payable on the written statement computed on the amount claimed:
Provided that, where the holder of the mortgage or charge has paid a fee in any other proceeding on the claim to which his written statement relates credit shall be given for the fee paid by him in such other proceeding.
(3) Where, in such a suit, the mortgaged property is sold and the holder of a prior or subsequent mortgaged or charge applies for payment to him, out of the sale proceeds, of the amount due on his mortgage or charge, such holder of the prior or subsequent mortgaged or charge shall pay on his application a fee computed on the amount claimed by him:
Provided that, where such holder of the mortgage or chare is a party to the suit in which the sale was held and has paid fee on the written statement filed by him in the suit. No fee shall be payable by him on the application for payment out of the sale proceeds:
Provided further that, where the holder of the mortgage or charge, not being a party to the suit in which the sale is held, has paid a fee in any other proceeding on the claim to which his application relates, credit shall be given for the fee paid by him in such other proceeding.
(4) In a suit by a co-mortgagee for the benefit of himself and the other co-mortgagee fee shall be computed on the amount claimed on the entire mortgage:
Provided that, where a co-mortgagee impleaded as defendant in such suit claims on the entire mortgage a larger sum than is claimed in the plaint, the difference between the fee computed on the entire sum claimed in such defendant’s written statement and the fee computed on the entire sum claimed in the plaint shall be payable on the written statement.
Explanation:- Nothing in this sub-section shall be construed as affecting the law of limitation.
(5) (a) In a suit by a sub-mortgagee to recover the amount claimed
on the sub-mortgage by sale of the mortgagee’s interest in the mortgagee’s interest in the mortgaged property, fee shall be computed on the amount claimed under the sub-mortgage.
(b) In a suit by a sub-mortgagee, if the prayer is for the sale of
the property mortgaged to the original mortgagee and the
original mortgagor is also impleaded as a defendant fee shall
be computed on the entire amount claimed on the original
mortgage which is sub-mortgaged to him.
(6) Where the holder of a prior or subsequent mortgage or charge is impleaded in a suit by a co-mortgage 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 of mortgage or charge.
(7) Where the original mortgage who is impleaded in a suit to which the provisions of sub-section (5)(b) apply claims on the mortgage sub-mortgage 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 pliant 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 accounts of surplus profits, fee shall be levied separately on the relief for accounts as in a suit for accounts.
(9) In a suit by a mortgagee to foreclose the mortgage or, where the mortgage is made by conditional sale, to have the sale declared absolute, fee shall be computed on the amount claimed in the plaint by way of principal and interest.
33. Suits for accounts:- (1) In a suit for accounts, fee shall be computed on the amount sued for as estimated in the plaint.
(2) Where the amount payable to the plaintiff as ascertained in the suit is in excess of the amount as estimated in the plaint. No decree directing payment of the amount as so ascertained shall be passed until the difference between the fee actually paid and the fee that would have been payable had the suit comprised the whole of the amount so ascertained, is paid. If the additional fee is not paid within such time as the court may fix, the decree shall be limited to the amount to which the fee paid extends.
(3) Where in any such suit it is found that any amount is payable to the defendant, no decree shall be passed in his favour until he pays the fee due on the amount.
34. Suits for dissolution of partnership:- (1) In a suit for dissolution of partnership and accounts or for accounts of dissolved partnership fee shall be computed on the value of the plaintiff’s share in the partnership as estimated by the plaintiff.
(2) If the value of the plaintiff’s share as ascertained in the suit exceeds the value as estimated in the plaint, no decree, or where there has been a preliminary decree, no final decree shall be passed in favour of the plaintiff, no payment shall be made out of the assets of the partnership and no property shall be allotted as for the plaintiff’s share until the difference between the fee actually paid and the fee that would have been payable had the suit comprised the whole of the value so ascertained is paid.
(3) No final decree shall be passed, no money shall be paid and no allotment of property shall be made in favour of a defendant in any such suit as, for or on account of his share of the assets of the partnership, until the fee computed of the amount or value of his share of the assets of the partnership is paid.
35. Partition suits:- (1) In a suit for partition and separate possession of a share of joint family property or of property owned, jointly or in common, by a plaintiff whose title to such property is denied, or who has been excluded from possession of such property, fee shall be computed on the market value of the plaintiff’s share.
(2) In a suit for partition and separate possession of joint family property or property owned, jointly or in common, by a plaintiff who is in joint possession of such property, fee shall be paid at the following rates:
Rupees fifteen if the value of plaintiff’s
share is Rs.30,000 or less.
Rupees thirty if the value is above
Rs.3,000 but not more than Rs.5,000
Rupees one hundred if the value is
Above Rs.5,000 but below Rs.10,000 and
Rupees two hundred if the value is
Rs.10,000 and above
(3) Where, in a suit falling under sub-section (1) or sub-section (2) a defendant claims partition and separate possession of his share of the property, fee shall be payable on his written statement computed on half of the market value of his share or at half the rates specified in sub-section (2), according as such defendant has been excluded from possession or is in joint possession.
(4) Where, in a suit falling under sub-section (1) of sub-section (2) the plaintiff or the defendant seeks cancellation of decree or other document of the nature specified in Section 38 separate fee shall be payable on the relief of cancellation in the manner specified in that section.
36. Suits for joint possession:- In a suit for joint possession of joint family property or of property owned jointly or in common by a plaintiff, who has been excluded from possession, fee shall be computed on the market value of the plaintiff’s share.
37. Administration Suits:- (1) In a suit for the administration of an estate, fee shall be levied on the plaint at the rates specified in Section 47.
(2) Where any amount or share or part of the assets of the estate is found due to the plaintiff, and the fee computed on the amount or the market value of such share or part of the assets exceeds the fee paid on the plaint, no payment shall be made and no decree directing payment of money or confirming title to such share or part of the assets shall be passed until the difference between the fee actually paid and the fee computed on the amount, or value of the property is paid.
(3) No payment shall be made no decree directing payment of money or confirming title to any share or part of the assets of the estate shall be passed in favour of a defendant in a suit for administration, until the fee computed on the amount or value of such share or part of such assets is paid by such defendant.
38. Suits for cancellation of decrees, etc:- (1) In a suit for cancellation of a decree for money or other property having a money value, or other document which purports or operates to create, declare, assign, limit or extinguish, whether in present or in future, any right title or interest in money, movable or immovable property, fee shall be computed on the value of the subject matter of the suit, and such value shall be deemed to be.
If the whole decree or other document is sought to be cancelled, the amount or value of the property for which the decree was passed or other document was executed.
If a part of the decree or other document is sought to be cancelled, such part of the amount or value of the property.
(2) If the decree or other document is such that the liability under it cannot be split up and the relief claimed relates only to a particular item of property belonging to the plaintiff or to the plaintiff’s share in any such property, fee shall be computed on the value of such property or share on the amount of the decree, whichever is less.
Explanation 1: A suit to set aside an award shall be deemed to be a suit to set aside a decree within the meaning of this section.
Explanation 2: In a suit for cancellation of a decree and possession of any property the fee shall be computed as in a suit for possession of such property.
39. Suits to set aside attachment, etc: (1) In a suit to set aside an attachment by a civil or revenue court of any property; movable or immovable, or of any interest therein or of any interest in revenue, or to set aside an order passed on an application made to set aside the attachment, fee shall be computed on one fourth of the market value of the attached property in respect of which the suit is instituted or on the amount for which the property was attached, whichever is less.
Explanation: For the purpose of this section, the Registrar of Cooperative Societies shall be deemed to be civil court.
40. Suits for specific performance:- In a suit for specific performance, whether with or without possession, fee shall be payable.
(a) In the case of a contract of sale, computed on the amount of the consideration;
(b) In the case of a contract of mortgage, computed on the amount agreed to be secured by the mortgage;
(c) In the case of a contract of lease, computed on the aggregate amount of the fine or premium, if any and of the average of the annual rent agreed to be paid;
(d) In the case of a contract of exchange, computed on the amount of the consideration, or as the case may be, on the market value of the property sought to be got in exchange.
(e) in other cases, where the consideration for the promise sought to be enforced has a market value, computed on such market value or where such consideration has no market value, at the rates specified in Section 47.
41. Suits between landlord and tenant:- (1) In the following suits between landlord and tenant in civil courts, namely-
(a) For the delivery by a tenant of the counterpart of a lease or for acceptance of patta in exchange for muchalika;
(b) For enhancement of rent;
(c) For the delivery by a landlord of a lease or for obtaining a patta in exchange for a muchalika;
(d) For recovering occupancy or immovable property from which a tenant has been illegally ejected by the landlord;
(e) For establishing or disproving a right of occupancy;
Fee shall be levied on the amount of rent for the immovable property to which the suit relates, payable for the year next before the date of presenting the pliant.
(2) In a suit for recovery of immovable property from a tenant including a tenant holding over after the termination of a tenancy, fee shall be computed on the premium, if any, and on the rent payable for the year next before the date of presenting the plaint.
Explanation:- Rent includes also damages for use and occupation payable by a tenant holding over.
42. Suits for mesne profits:- (1) In a suit for mesne profits or for immovable property and mesne profits, fee shall in respect of mesne profits be computed, where the amount is stated approximately and, sued for, on such amount. If the profits ascertained to be due to the plaintiff are in excess of the profits as approximately estimated and sued for, no decree shall be passed until the difference between the fee actually paid and the fee that would have been payable had the suit comprised the whole of the profits so ascertained is paid.
(2) Where a decree directs an enquiry as to the mesne profits which have accrued on the property, whether prior or subsequent to the institution of the suit, no final decree shall be passed till the difference between the fee actually paid and the fee which would have been payable had the suit comprised the whole of the profits accrued due till the date of such decree is paid.
(3) Where for a period subsequent to the date of the decree or final decree, such decree or final decree directs payment of mesne profits of a specific rate, such decrees or final decree shall not be executed until the fee computed on the amount claimed in execution has been paid.
43. Suits to alter or cancel entry in revenue registers and certain suits, in Revenue Courts:- (1) In a suit to alter or cancel any entry in a revenue or survey register or records of the names of proprietors or revenue-paying estate, the fee payable shall be [fifty] rupees.
(2) In suits in revenue courts relating to a village office, the fee payable shall be [fifty] rupees.
(3)xxxxx.
(4)xxxxx
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 of 1908), [or under Section 50 of the Bombay Public Trusts Act, 1950 (Bombay Act XXIX of 1950)] the fee payable shall be fifty rupees].
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 shall be payable computed on the amount of the debt or the money or the market value of other property, movable or immovable, which forms the subject matter of the suit. In levying such fee credit shall be given for the fee paid on the plaint: and the balance of the fee shall be paid in equal shares by the claimants who claim the debt or the sum of money or the property adversely to each other.
(3) Value for the purpose of determining the jurisdiction of court shall be the amount of the debt, or the sum of money or the market value of other property to which the suit relates.
46. Third party proceedings:- In third party proceedings, fee shall be levied on one-half on the value of the contribution or indemnify claimed against a third party or against a co-defendant if a claim is made against him:
Provided that, if the suit against the defendant who has filed the third party notice is dismissed, wholly or in part, he shall be entitled to a refund of the whole or a proportionate part of the fee paid by him.
Explanation: The provisions of this Section shall also apply to counter claims made in third party proceedings.
47. Suits not otherwise provide for:- In suits not otherwise provided for, fee shall be payable at the following rates-
(i) In a Revenue Court [Rupees Fifty]
(ii)In any Civil Court Rupees Twenty if the value
of the subject matter is
Rs.500 or less;
Rupees one hundred if
the value is above Rs.5,000
but below Rs.10,000: and
Rupees two hundred if the
value is above Rs.10,000
48. Fee on memorandum of appeal against decision award, or order relating to compensation:- The fee payable under this Act on a memorandum of appeal against a decision or an award or order relating to compensation under any Act for the time being in force for the acquisition of property for public purpose shall be computed on the difference between the amount awarded and the amount claimed by the appellant.
Explanation:- For the purpose of this section the expressions of “amount awarded” and “amount claimed” include any other additional sum payable in accordance with the law providing for acquisition in consideration of the compulsory nature of the acquisition.
49. Appeals:- [Save as provided in Section 48 the fee payable in an appeal shall be the same as the fee that would be payable in the court of first instance on the subject matter of the appeal.
Provided that in levying fee in a memorandum of appeal against a final decree by a person whose appeal against the preliminary decree passed by the court of first instance or by the court of appeal is pending, credit shall be given for the fee paid by such person in the appeal against the preliminary decree.
Explanation (1): Whether the appeal is against the refusal of a relief or against the grant of the relief, the fee payable in the appeal shall be the same as the fee that would be payable on the relief in the court of first instance.
Explanation (2): Costs shall not be deemed to form part of the subject matter of the appeal except where such costs form themselves the subject matter of the appeal or relief is claimed as regards costs on grounds additional to or independent of the relief claimed regarding the main subject matter in the suit.
Explanation (3): In claims which include the award of interest subsequent to the institution of the suit, the interest accrued during the pendency of the suit till the date of decree shall be deemed to be part of the subject matter of the appeal except where such interest is relinquished.
Explanation (4): Where the relief prayed for in the appeal is different from the relief prayed for or refused in the court of first instance, the fee payable in the appeal shall be the fee that would be payable in the court of first instance on the relief prayed for in the appeal.
Explanation (5): Where the market value of the subject matter of the appeal has to be ascertained for the purpose of computing or determining the fee payable, such market value shall be ascertained as on the date of presentation of the plaint.
CHAPTER V
VALUATION OF SUITS
50. Suits not otherwise provided for:- (1) In a suit as to whose value for the purpose of determining the jurisdiction of courts, specific provision is not otherwise made in this Act or in any other law, value for that purpose of computing the fee payable under this Act shall be the same.
[Provided that notwithstanding anything contained in sub-section (2) of Section 7, the value of land specified in clauses (a), (b) or (c) of the said sub-section shall, for purposes of determining the jurisdiction of courts, be the market value of such land].
(2) In a suit where fee is payable under this Act at a fixed rate, the value for the purpose of determining the jurisdiction of courts shall be the market value or where it is not possible to estimate it at a money value such amount as the plaintiff shall state in the plaint.
51. Procedure where objection is taken on appeal or revision that a suit or appeal was not properly valued for jurisdictional purposes:- (1) Notwithstanding anything contained in Section 99 of the Code of Civil Procedure, 1908 (Central Act V of 1908) an objection that by reason of the over valuation or under valuation of a suit or appeal, a court of first instance or lower appellate court which had no jurisdiction with respect to the suit or appeal exercised jurisdiction with respect thereto shall not be entertained by an appellate court unless-
(a) the objection was taken in the court of first instance at or before the hearing at which issues were framed and recorded or in the lower appellate court in the memorandum of appeal to the court; or
(b) the appellate court is satisfied for reasons to be recorded by it in writing that the suit or appeal was over valued or under valued and that the over valuation or under valuation thereof has prejudicially affected the disposal of the suit or appeal on its merits.
(2) If the objection was taken in the manner mentioned in clause (a) of sub-section (1), but the appellate court is not satisfied as to both the matters mentioned in clause (b) of that sub-section and has before it the materials necessary for the determination of the other grounds of appeal to itself, it shall dispose of the appeal as if there had been no defect of jurisdiction in the court of first instance or lower appellate court.
(3) If the objection was taken in that manner and the appellate court is satisfied as to both those matters and has those materials before it, it shall proceed to deal with the appeal under the rules applicable to the court with respect to the hearing of appeals; but if it remands the suit or appeal, or frames and refers issues for trial, or requires additional evidence to be taken, it shall direct its orders to a court competent to entertain the suit or appeal.
(4) The provisions of this section with respect to an appellate court shall, so far as they can be made applicable apply to a court exercising revisional jurisdiction under Section 115 of the Code of Civil Procedure, 1908 (Central Act V of 1908), or other enactment for the time being in force.
CHAPTER VI
PROBATES, LETTERS OF ADMINISTRATION AND CERTIFICATES OF ADMINISTRATION
52. Application for probate or letters of administration:- (1) Every application for the grant of probate or letters of administration shall be accompanied by a valuation of the estate in duplicate in the Form set forth in Part I of Schedule – III.
(2) On receipt of such application the court shall send a copy thereof and of the valuation to the Deputy Commissioner of the District in which the estate is situated or if the estate is situated in more than one District, to the Deputy Commissioner of the District in which the most valuable portion of the immovable property included in the estate is situated.
(53). Levy of fee:- (1) The fee chargeable for the grant of probate or letters of administration shall comprise-
(a) Where the application is made within one year of the date of death of deceased, on the market value of the estate on such date; or
(b) Where the application is made after the expiry of one year from such date, on the market value of the estate on the date of the application:
Provided that property held in trust not beneficiary or with general power to confer a beneficial interest shall not be liable to any fee under this Chapter.
Explanation: Any member of a joint Hindu Family governed by the Mitakashara Law who applies for probate or letters of administration in respect of the estate of the deceased member of the joint family shall pay a fee on the value of the share in the joint property which the deceased would have received if a partition of the property had been made immediately before his death.
(2) For the purpose of the computation of fee,
(a) the value of the items mentioned in Annexure B to Part I of Schedule III shall be deducted from the value of the estate.
Provided that, when an application is made for probate or letters of administration in respect of part only of an estate, no debt, no expenses connected with any funeral rites or ceremonies and no mortgage encumbrance on any part of the estate other than that in respect of which the application is made shall be deducted.
Provided further that when, after the grant of a certificate under Part X of the Indian Succession Act 1925, (Central Act XXXIX of 1925), or under Bombay Regulation VIII of 1827 in respect of any property included in an estate, a grant of probate or letters of administration is made in respect of the same estate, the fee payable in respect of the latter grant shall be reduced by the amount of the fee paid in respect of the former grant;
(b) the power of appointment which the deceased had over a property or which was created under a will shall be taken into account, the value being taken to be the value of the property forming the subject-matter of the power.
54. Grant of Probate:- The grant of probate or letters of administration shall not be delayed by reason of the reference to the Deputy Commissioner under sub-section(2) of Section 52, or of a motion by the Deputy Commissioner under sub-section(5) of Section 56; but the court shall make no grant of probate or letters of administration until it is satisfied that a fee not less than that prescribed by this Act has been paid on the basis of the net value of the estate as furnished in the valuation accompanying the application, or in the amended valuation filed under sub-section (3) of Section 56;
Provided that the court may grant probate or letters of administration notwithstanding that the prescribed fee has not been paid to the Administrator General in his official capacity on his giving an undertaking to the satisfaction of the court that the said fee will be paid within such time as may be fixed by the court.
55. Relief in cases of several grants:- (1) Whenever a grant of probate or letters of administration has been made in respect of the whole of the property belonging to an estate and the full fee payable under this Act in respect of the application for such grant has been paid thereon, no fee shall be payable when a like grant is made in respect of the whole or any part of the same property belonging to the same estate.
(2) Whenever such grant has been made in respect of an property forming part of an estate, the amount of fee actually paid under this Act in respect thereof shall be deducted when a like grant is made in respect of the property belonging to the same estate indentical with or including the property to which the former grant relates.
56. Inquiry by the Deputy Commissioner:- (1) The Deputy Commissioner to whom a copy of the application and of the valuation has been sent under sub-section (2) of Section 52, shall examine the same and may make or cause to be made by any officer subordinate to him such inquiry, if any, as he thinks fit as to the correctness of the valuation or, where a part only of the property is situated in his District, of the valuation of that part, and may require the Deputy Commissioner of any other District in which any part of the property is situated to furnish him with the correct valuation thereof.
(2) Any Deputy Commissioner required under sub-section (1) to furnish the correct valuation of any property shall comply with the requisition after making or causing to be made by any officer subordinate to him such inquiry, if any, as he thinks fit.
(3) If the Deputy Commissioner is of opinion, that the applicant has underestimated the value of the property of the deceased, he may, if he thinks fit, require the attendance of the applicant, either in person or by his agent, and take evidence and inquire into the matter in such manner as he may think fit, and if he is still of opinion that the value of the property to amend the valuation, and, if the application for probate or letters of administration is pending in court, to file a copy of the amended valuation in such court.
(4) If any such case, the probate or letters of administration has or have been granted and the applicant amends the valuation to the satisfaction of the Deputy Commissioner and the Deputy Commissioner finds that a less fee has been paid than was payable according to the true value of the estate, the excess fee shall be refunded to the applicant.
(5) If the applicant does not amend the valuation to the satisfaction of the Deputy Commissioner, the Deputy Commissioner may move the court before which the application for probate or letters of administration was made to hold an inquiry into the true value of the property.
Provided that no such motion shall be made after the expiration of six months [from the date on which the Deputy Commissioner is informed by the court of the inventory] required by section 317 of the Indian Succession Act, 1925 (Central Act XXXIX of 1925).
57. Application to court and power of court:- (1) The court shall when moved by the Deputy Commissioner under sub-section (5) of Section 56 hold or cause to be held by any court or officer subordinate to it an inquiry as to the true value of which the estate of the deceased should have been estimated. The Deputy Commissioner shall be deemed to be a party to the inquiry.
(2) For the purpose of any such inquiry, the court, or the subordinate court or the officer authorised by the court to hold the inquiry, may examine the applicant on oath either in person or by commission, and may take such further evidence as may be produced to prove the true value of the estate, and where the inquiry has been entrusted to a subordinate court or officer, such court or officer shall return to the court the evidence take and report the result of the inquiry and such report and the evidence so taken shall be evidence in the proceedings.
(3) The court on the completion of the inquiry or on receipt of the report referred to in sub-section (2), as the case may be shall record a finding as to the true value at which the estate should have been estimated and such finding shall be final.
(4) The court may make such order in accordance with the provisions of the Code of Civil Procedure, 1908 (Central Act V of 1908) as to the cost of the inquiry as it thinks fit.
58. Provision for cases where too low a fee has been paid:- (1) Where too low a 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 administrator, acting under such probate or letters, applies to the Deputy Commissioner, in the Form set forth in Part II of Schedule III and pays within six months after the discovery of the mistake or of any effects not known at the time to have belonged to the deceased, what is wanting to make up the fee which ought to have been paid at first on such probate or letters the Deputy Commissioner shall, if satisfied that a low fee was paid in the first instance in consequence of a mistake and without any intention of fraud or to delay the payment of the proper fee, [cause the deficit fee to be recovered.]
(2) If, in a case falling under sub-section (1) the executor or administrator does not, within the six months referred to in that sub-section, pay the deficit fee, he shall forfeit a sum equal to five times the deficit fee.
(3) If, on application being made under sub-section (1), the Deputy Commissioner is not satisfied that the application was made within six months of the discovery of the mistake or of further effects not included in the original valuation or that the payment of a low fee in the first instance was not due to a bonafide mistake, he shall cause the probate or letters to be duly stamped on payment of the deficit fee together with a penalty not exceeding five times such fee.
(4) If, after the grant of probate or letters of administration of an estate, if is found by the Deputy Commissioner as a result of proceedings under Section 56 or Section 57 or otherwise, that a less fee has been paid than was payable according to the true value of the estate, he shall cause the probate or letters to be properly stamped on payment of the deficit fee, and if he is satisfied that the original under valuation was not bona fide he shall levy in addition a penalty not exceeding five times the deficit fee.
(5) The Chief Controlling Revenue Authority may remit the whole or any part of the amount forfeited under Sub-Section (2) or of any penalty under sub-section (3) or sub-section (4).
59. Administrator to give proper security [xxxxx] :- In case of letters of administration on which too low a fee has been paid at first, the Deputy Commissioner shall not cause the same to be duly stamped in the 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 estate of the deceased had been then ascertained.
60. Relief when too high a fee has been paid:- (1) If, at any time after the grant of the probate or letters of administration of an estate, it is discovered that a higher fee has been paid than was payable according to the true value of the estate the executor or the administrator, as the case may be, may apply for a refund to the Deputy Commissioner to whom a copy of the valuation of the estate was sent under sub-section (2) of Section 52. The application shall be accompanied by an amended valuation in the Form set forth in Part II of schedule III together with the probate or letters of administration upon which a refund is sought.
(2) If the Deputy Commissioner is satisfied that the amended valuation is correct, he shall refund the difference between the fee originally paid and that which should have been paid endorse a certificate accordingly on the probate or letters of administration
Provided that no refund shall be granted under this section unless the application for refund is made within three years of the date of the grant of the probate or letters of administration or within such further period as the Deputy Commissioner may allow.
If, by reason of any legal proceedings, the debts due from the deceased have 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 period of three years, the Deputy Commissioner may allow such further time for making the claim as may appear to him to be reasonable under the circumstances.
If the Deputy Commissioner does not grant a refund the executor or administrator as the case may be, may apply to the Chief Controlling Revenue Authority for an order of refund. An application for such refund should be accompanied by an amended valuation in the Form set forth in Part II of Schedule III.
61. Recovery of penalties etc:- Any excess fee found to be payable by an applicant for probate or letters of administration or by an executor or administrator, or any costs under sub-section (4) of Section 47 or any penalty or forfeiture payable by any such executor or administrator 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.
62. Powers of Chief Controlling Revenue Authority:- The powers and duties of the Deputy Commissioner under this Chapter shall be subject to the Control of the Chief Controlling Revenue Authority.
CHAPTER VII
REFUNDS AND REMISSIONS
63. Refund in case of delay in presentation of plaint etc:- (1) Where a plaint or memorandum of appeal is rejected on the ground of delay in its [representation] or where the fee paid on a plaint or memorandum of appeal is deficient ad the deficiency is not made good, within the time allowed by law or granted by the court, or the delay in payment of the deficit fee is not condoned and the plaint or memorandum of appeal is consequently rejected, the court shall direct the refund to the plaintiff or the appellant, of the fee paid on the plaint or memorandum of appeal which has been rejected.
(2) Where a memorandum of appeal is rejected on the ground that is as not presented within the time allowed by the law of limitation, one-half of the fee shall be refunded.
64. Refund in cases of Remand:- (1) Where a plaint or memorandum of appeal which has been rejected by the lower court is ordered to be received, or where a suit is remanded in appeal for a fresh decision by the lower court, the court making the order or remanding the appeal shall, where the whole decree is reversed and the suit is remanded, and may in other cases direct the refund to the appellant of the full amount of fee paid on the memorandum of appeal and, if the remand is on second appeal, also on the memorandum of appeal in the first appellate court.
(2) Where an appeal is remanded in second appeal for a fresh decision by the lower appellate court, the High Court remanding the appeal may direct the refund to the appellant of the full amount of the paid on the memorandum of second appeal:
Provided that no refund shall be ordered if the remand was caused by fault of the party who would otherwise be entitled to a refund.
Provided further that, if the order of remand does not cover the whole of the subject matter of the suit, the refund shall not extend to more than so much fee as would have been originally payable on that part of the subject matter in respect whereof the suit has been remanded.
65. Refund where court reverses or modifies former decision on ground of mistake:- Where an application for a review of judgement is admitted on the ground of some mistake or error apparent on the face of the record, and on the rehearing the court reverses or modifies its former decision on that ground, it shall direct the refund to the applicant of so much of the fee paid on the application as exceeds the fee payable on any other application to such court under Article II (g) and (t) of Schedule II.
66. Refund on settlement before hearing:- Whenever by a agreement of parties:-
(a) any suit is dismissed as settled out of Court before any evidence has been recorded on the merits of the claim;
or
(b) any suit is compromised ending in a compromise decree before any evidence has been recorded on the merits of the claim; or
(c) any appeal is disposed of before the commencement of hearing such appeal;
half the amount of all fees paid in respect of the claim or claims in the suit or appeal shall be ordered by the Court to be refunded to the parties by whom the same have been respectively paid.
Explanation: The expression “merits of the claim” shall have the meaning assigned to it in Section 11.
67. Refund of fee paid by mistake or inadvertence:- The fee paid by mistake or inadvertence shall be ordered to be refunded.
68. Instruments of partition:- Where the final decree in a partition suit has been engrossed on non-judicial stamps furnished by the penalties the court shall refund to the parties of so much of the valued fee paid by them as is equal to the value of the non-judicial stamps furnished by them.
69. Exemption of certain documents:- Nothing contained in this Act shall render the following documents chargeable with any fee:-
(i) Mukhtarnama, vakalatnama or other written authority to institute of defend a suit when executed by a member of any of the Armed forces of the Union not in Civil employment;
(ii) Memorandum of appearance filed by advocates or pleaders when appearing for persons proceeded against in criminal cases;
(iii) Plaints and other documents in suits filed in village courts;
(iv) Application or petition to a Deputy Commissioner or other officer making a settlement of land revenue, or to the State Government relating to matters connected with the assessment of land, or with the ascertainment of rights thereto or interest therein, if presented previous to the final confirmation of such settlement;
(v) Application relating to supply for irrigation of water belonging to Government;
(vi) Application for leave to extend cultivation or to relinquish land, when presented to an officer of land revenue by a person holding, under a direct engagement with Government, land of which revenue is settled but not permanently;
(vii) Application for service of notice of relinquishment of land or of enhancement of rent;
(viii) Written authority to an agent to distrain;
(ix) First application (other than a petition 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 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;
(x) Bail bonds in criminal cases, recognizances to prosecute or give evidence and recognizances for personal appearance or otherwise;
(xi) 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.
(xii) Petition by a prisoner or other person in duress or under restraint of any court of its officer.
(xiii) Complaint of a public servant as defined in the Indian Penal Code (Central Act XLV of 1860) or an officer of the State Railway:
(xiv) Application for permission to cut and remove timber in Government forests or otherwise relating to such forests, not being applications from forest, contractors for extending the period of their leases;
(xv) Application for the payment of money due by the Government to the applicant, other than an application for refund of lapsed deposit made six months after the date on which the amount lapsed to the Government.
(xvi) Petition of appeal against any municipal tax.
(xvii) Application for compensation under any law, for the time being in force relating to the acquisition of property for public purposes;
(xviii) Petition under Section 48 of the Indian Christian Marriage Act, 1872 (Central Act XV of 1872)
(xix) Petition or appeal by a Government servant or a servant of the Court of Wards when presented to any superior officer or Government against orders of dismissal reduction of suspension copies of such orders filed with such appeals and applications for obtaining such copies;
(xx) Copy of record of rights filed with plaints or applications.
70. Power to reduce or remit fees:- (1) State Government may by notification in the Official Gazette, reduce or remit in the whole or any part of the State of Karnataka if in the opinion of the State Government it is necessary in public interest so to do the fee payable in respect of any particular class of documents or any of the documents belonging to such class, or any documents when filed, exhibited or recorded by or acted on at the instance of or furnished to, any particular class of persons or any members of such class; and may in like manner cancel or vary such notification].
(2) Every notification under sub-section (1) shall be laid as soon as may be after it is published in the Official Gazette before the State Legislative Assembly while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if before the expiry of that period the State Legislative Assembly makes any modification in the notification or directs that the notification shall not have effect; the notification shall thereafter have effect, only in such modified form or be of no effect, as the case may be.
CHAPTER VIII
MISCELLANEOUS
71. Collection of fees by stamps:- All fees chargeable under this Act may be paid,-
(i) in cash where the amount of fees is not more than rupees five hundred ;
(ii) in the Government Treasury or through a demand draft in the case the amount of fee is more than rupees five hundred.
72. Stamps to be impressed or adhesive: xxxxx]
73. Amended document:- Where any document in respect of which fee is chargeable under this Act 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 fee’’.
74. xxxxxx
75. xxxxxx
76. xxxxxx
76-A. Legal Benefit Fund:- (1) Notwithstanding anything contained in this Act or any other law for the time being in force, it shall be competent for the State Government to levy an additional court-fee, by notification, in respect of appeals or revisions to tribunals or appellate authorities, other than Civil and Criminal courts, at a rate not exceeding one hundred rupees for each appeal or revision.
(2) There shall be constituted a legal benefit fund to which shall be credited the proceeds of the additional court fee levied and collected under sub-section (1).
(3) The fund constituted under sub-section (2), shall be applied and utilised for the purpose of providing an efficient legal service for the people of the State and to provide social security measures for the legal profession.
(4) The mode and manner in which legal service to the people may be made more efficient and social security measures for the legal profession may be provided, shall be as prescribed by rules made by Government.
SCHEDULE
(See Sections 9 and 16)
30 years’ standing as member of the Fund 30,000
29 do do 29,000
28 do do 28,000
27 do do 27,000
26 do do 26,000
25 do do 25,000
24 do do 24,000
23 do do 23,000
22 do do 22,000
21 do do 21,000
20 do do 20,000
19 do do 19,000
18 do do 18,000
17 do do 17,000
16 do do 16,000
15 do do 15,000
14 do do 14,000
13 do do 13,000
12 do do 12,000
11 do do 11,000
10 do do 10,000
9 do do 9,000
8 do do 8,000
7 do do 7,000
6 do do 6,000
5 do do 5,000
77. Power of High Court to make rules:- (1) The High Court may make rules to provide for or regulate all or any of the following matters, namely;
(a) the fees payable for serving and executing processes issued by the High Court [***] and by the civil and criminal courts subordinate thereto:
(b) the remuneration of persons employed by the courts mentioned in clause (a) in the service or execution of processes:
(c) the fixing by District and Sessions Judge and District Magistrates of the number of process servers necessary to be employed for the service and execution of processes issued from their respective courts and the courts subordinate thereto;
(d) the display in each court of a table in the English and in the local language or languages showing the fees payable for the service and execution of processes.
(2) All rules made under sub-section (1) shall be subject to confirmation by the State Government and on such confirmation shall be published in the Official Gazette and shall thereupon have the force of law.
78. Powers of State Government to make rules:- (1) The State Government may by notification in the Official Gazette, make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, rules may be made to provide for or regulate all or any of the following matter namely:-
(a) the fees chargeable for serving and executing processes issued by the Karnataka Appellate Tribunal and by the Revenue Courts;
(b) the remuneration of the persons necessary to be employed for the service and execution of such processes;
(c) the fixing by Deputy Commissioners of the number of persons necessary to be employed for the service and execution of such process;
(d) the guidance of Deputy Commissioners in the exercise of their powers under Chapter VI;
(3) All rules made under this Act shall be laid as soon as may be after they are made before the State Legislative Assembly while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if before the expiry of that period, the State Legislative Assembly makes any modification in the rules or directs that any rule shall not have effect the rules shall thereafter have effect only in such modified form or be of no effect as the case may be.
79. Repeal and Savings:- (1) The Court Fees Act 1870 (Central Act VI of 1870) in its application to the Belgaum Area, and the Coorg District, the Hyderabad Court Fees Act, 1324F (Hyderabad Act VI of 1324F) as in force in the Gulbarga area the Mysore Court Fees Act, 1900 (Mysore Act III of 1900 and Sections 11 and 17A of the Mysore Civil Court Act, 1883 (Mysore Act I of 1883), as in force in the Mysore area, in relation to the fees and stamps other than fees and stamps relating to documents presented or to be presented before an officer serving the Central Government, and the Suits Valuation Act, 1887 (Central Act VII of 1887), in its application to the Belgaum area, and the Coorg District, the Hyderabad Suits Valuation (For purposes of Jurisdiction) Act 1318F (Hyderabad Act IV of 1318 Fasli), as in force in the Gulbarga Area, and the Mysore Area, and the Madras Court Fees and Suits Valuation Act 1955 (Madras Act XIV of 1955) as in force in the Mangalore and Kollegal Areas are hereby repealed:
Provided that such repeal shall not affect:-
(a) the previous operation of the said enactments or anything duly done or suffered there under; or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under the said enactments; or
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the said enactments; or
(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed.
(2) Notwithstanding anything contained in sub-section (1), for the purpose of giving effect to the preceding proviso, to the said sub-section (1) the State Government may, by notification in the Official Gazette, make such provision as appears to it to be necessary or expedient.
(a) for making omissions from, additions to and adaptations and modifications of the rules, notifications and orders issued under the repealed enactments;
(b) for specifying the authority, officer or person who shall be competent to exercise such functions exercisable under any of the repealed enactments or any rules, notifications or orders issued thereunder as may be mentioned in the said notification;
(3) All suits and proceedings instituted before the commencement of this Act, shall notwithstanding the Repeal of the Acts specified in sub-section (1) be governed by the provisions of the said Acts and the rules made thereunder.
SCHEDULE I
Advalorem Fees
Article Particulars Proper fee
(1) (2) (3)
1. Plaint, written statement, pleading
a set off or counter claim or
memorandum of appeal presented
to any court.
When the amount or value of the
subject matter in dispute –
[(i) not exceeding rupees 15,000 2 ½ per centum
(ii) exceeding rupees 15,000 but Rupees 375 plus
not exceeding rupees 75,000 7 ½ per centum of
the amount exceeding rupees
15,000.
(iii) exceeding rupees 75,000 but Rupees 4,875
not exceeding rupees 2,50,000 plus 7 per centum
of the amount
exceeding rupees
75,000
(iv) exceeding rupees 2,50,000 Rupees 17,125
but not exceeding rupees plus 6 ½per
5,00,000 centum of the
amount exceeding
rupees 2,50,000
(v) exceeding rupees 5,00,000 Rupees 33,375
but not exceeding rupees plus 6 per
7,50,000 centum of the
amount exceeding
rupees 5,00,000
(vi) exceeding rupees 7,50,000 Rupees 48,375
but not exceeding rupees plus 5 ½ per
10,00,000 centum of the
amount exceeding
rupees 7,50,000
(vii) exceeding rupees 10,00,000 Rupees 62,125
but not exceeding rupees plus 5 per
15,00,000 centum of the
amount exceeding
rupees 10,00,000
(viii) exceeding rupees 15,00,000 Rupees 87,125
but not exceeding rupees plus 4 ½ per
20,00,000 centum of the
amount exceeding
rupees 15,00,000
(ix) exceeding rupees 20,00,000 Rupees 1,09,625
but not exceeding rupees plus 4 per
25,00,000 centum of the
amount exceeding
rupees 20,00,000
(x) exceeding rupees 25,00,000 Rupees 1,29,625
but not exceeding rupees plus 3 ½ per
30,00,000 centum of the
amount exceeding
rupees 25,00,000
(xi) exceeding rupees 30,00,000 Rupees 1,47,125
but not exceeding rupees plus 3 per
40,00,000 centum of the
amount exceeding
rupees 30,00,000
(xii) exceeding rupees 40,00,000 Rupees 1,77,125
but not exceeding rupees plus 2 ½ per
50,00,000 centum of the
amount exceeding
rupees 40,00,000
(xiii) exceeding rupees 50,00,000 Rupees 2,02,125
but not exceeding rupees plus 2 per centum
60,00,000 of the amount
exceeding rupees
50,00,000
(xiv) exceeding rupees 60,00,00 Rupees 2,22,125
but not exceeding rupees plus 1 ½ per
70,00,000 centum of the
amount exceeding
rupees 60,00,000
(xv) exceeding rupees 70,00,000 Rupees 2,37,125
but not exceeding rupees plus 1 per centum
80,00,000 of the amount
exceeding rupees
70,00,000
(xvi) exceeding rupees 80,00,000 Rupees 2,47,125
plus½ per centum of the amount
exceeding rupees
80,00,000
2.(a) petition under section 26 of the An amount of one
Provisional Insolvency 1920 half the scale of
[as extended and fee prescribed in
amended by the Provincial Article 1 on the
Insolvency Karnataka amount or
Extension and Amendment compensation
Act, 1962 (Karnataka Act 7 claimed.
of 1963)] or application
under section 95 of the
Code of Civil Procedure, 1908.
(b) Appeal against order on a On the scale
petition or application falling prescribed in
under clause (a) Article 1 on the
amount in dispute.
3.(a) Petition under section 53 An amount of one
or 54 of the Provincial Insolvency -half of fee
Act, 1920 as extended and prescribed in
amended by the Provincial Article 1 on the
Insolvency Karnataka Extension market value of
and Amendment Act, 1962 the subject matter
(Karnataka Act 7 of 1963) subject to a
maximum fee of
rupees five hundred.
(b) Appeal against order on a An amount of the
petition falling under clause half of the scale of
(a) whether by the Official fee prescribed in
Receiver or by the Article 1 on the
unsuccessful party. market value of
the subject matter
subject to a maximum fee of
rupees five hundred
4. Memorandum of appeal An amount of one
against order in proceedings -half of the scale
under the Indian Succession of fee prescribed
Act, 1925 in Article 1 on the
amount or value
of the subject
matter.
5. Application for review of One half of the fee
Judgement [if presented leviable on the
before the ninetieth day from plaint or memo-
the date of the decree]. randum of appeal
[xx].
[5A. Application for review of The fee leviable on
Judgement if presented on the plaint or
or after the ninetieth day memorandum of
from the date of the decree appeal.]
[5AA. Application for review of Twenty rupees].
order of the Karnataka
Administrative Tribunal
6. Probate of a Will of letters
of administration with or
without will annexed-
(a) when the amount or value of Three per cent
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.
(b )When the amount or value of Five per cent
the property in respect of which or Rs.30000/-
the grant of probate or letters which ever is less.
is made exceeds three lakhs
of rupees, on the part of amount
or value in excess of three lakhs
of rupees.
7. Certificate under Part X of the The fee leviable in
Indian Succession Act, 1925. the case of a
probate (Article 6)
on the amount or
value of any debt
or security
specified in the
certificate under
sections 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 in the certificate is applied for. So far as such amount can be ascertained.
(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 conferred whether the power is for the 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 in the certificate is applied for so far as such value can be ascertained.
SCHEDULE II
[Petition in a suit under the
Karnataka convert’s Marriage
Dissolution Act, 1866 (Mysore
Act XXI of 1866) or the Convert’s
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:
Plaint or memorandum of appeal
under the Parsi Marriage and
Divorce Act 1936 (Central Act
III of 1936) or counter claim
made under section 37
of that Act.
Petition plaint or memorandum [One hundred
of when presented to a court rupees
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 VII of 1939) as in force
in the Gulbarga Area.
Petition under section 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 way of
the above paragraphs, there is
a specific claim for damages
separate fee at the rates
prescribed in Article 1 of
Schedule 1 shall be charged
on the amount of damages
claimed]
2. Undertaking under section 49 [Five rupees]
of Indian Divorce Act, 1869.
3. Memorandum of appeal [from
a decision or an award or order]
inclusive of an order determining
an 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 [Four rupees]
High Court or to any Executive
Officer.
(ii) to the [Karnataka Appellate [Eight rupees]
Tribunal]
(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 [Fifteen rupees]
or proceeding the value of
which exceeds one thousand
rupees.
(b) in any other case [Eight rupees]
(2) Where the appeal is under One hundred
section 45-B of the Banking rupees
Companies Act, 1949
(3) Where the appeal is under Five rupees
section 411-A of the Code of
Criminal Procedure, 1898.
(iv) to the Government in
pursuance of a statutory right
to appeal for which no court
fee is liable under any other
enactment.
(4) Memorandum of Appeal under
section 39 of the Arbitration
Act, 1940
(i) in a case where the value of Fifteen rupees
jurisdiction does not exceed
Rs.5,000
(ia) in a case where the value of Fifty rupees
jurisdiction exceeds Rs.5,000
but does not exceed Rs.50,000
(ii) in any other case One hundred
and fifty rupees
5. Copy or translation of a One rupee
judgement or order not being
or having the force of a decree.
6. Copy or translation of a Fifty paise
judgement or order of a
Criminal Court.
7. Copy of a decree or order
having the force of a decree
When such decree or order is One rupee
made by any court other than
the High Court
When such decree or order Four rupees
is made by the High Court
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 The amount of the
chargeable on the original duty chargeable
does exceed one rupee not 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 [pubic office].
For every there hundred and Fifty paise
sixty words or fraction of three
hundred and sixty words.
10.(a) Application or petition presented One rupee
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;
(b) Application or petition presented One rupee
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.
(c) Application or Petition presented One rupee
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
(d) Application or Petition presented One rupee
to any officer of land revenue
relating to the grant of land on
darkhast.
(e) Application to a Deputy Two rupees
Commissioner for lease of
land for agricultural or
non – agricultural purposes.
(f) Application to a Forest Officer
by a forest Contractor for
extension of the period of lease
(i) if the value of the subject Twenty five
matter of the lease is rupees
Rs.5,000 or less;
(ii) is such value exceeds Five rupees
Rs.5,000 for every
Rs.1,000 or part thereof
in excess of Rs.5,000.
(g) Application for attestation Ten rupees
of private documents intended
to be used out side India.
(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 One rupees
does not exceed Rs.50
(ii) When the amount of deposit Two rupees
exceeds Rs.50 but does not
exceed Rs.1,000
(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 Four rupees
or non – exercise of power
conferred by law or rule
having the force of law;
(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 Four rupees
or non-exercise of power
conferred by law or rule
having the force of law;
(ii) in other cases Two rupees and
fifty paise
(k) Application for permission Ten rupees
for use of agricultural land
for non – agricultural purposes.
(l) Application or petition not
falling under clause (i) or (j)
and presented to a public
officer or in a public office
and not otherwise provided for
(i) which involves the exercise Two rupees
or non exercise of power
conferred by law or rule having
the force of law;
(ii) in other cases One rupee
11.(a) Application or Petition presented One rupee
to any Civil Court than a Principal
Civil Court of original jurisdiction
or to any Court of 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.
(b) Application or petition presented One rupee
to any court or to any [Board
statutory authority or public
officer ] for the purpose of obtaining
a copy or translation of any
judgement, 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.
(c) Application to any Court that One rupee
records may be called from another addition to the
court, when the court grants fee leviable on the application
the application and is of opinion that
transmission of such records
involves the use of the post.
(d) Application or Petition One rupee
containing a complaint or
charge of any offence other
than an offence for which
police officers may, under the
Code of Criminal Procedure,
1973, arrest without warrant
and presented to any
Criminal Court.
(e) Application or petition to deposit One rupee
in court or in the office of the
Deputy Commissioner, [or
other Revenue Officer] revenue
or rent
(f) Application or Petition for One rupee
determination by a court
of the amount of compensation
to be paid by a landlord to
his tenant.
(g) Application or Petition One rupee
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.
(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 Five rupees
authority
(ha) Application for arrest or Five rupees
attachment before judgement
when presented to a Civil
Court or other than the High
Court or a Revenue Court in
relation to any suit or proceeding
(i) Application under Order 21
Rule 58 of the Code of Civil
Procedure, 1908, regarding
claim to the attached property.
(i) when filed in Revenue Court Five rupees
(ii)when filed in any other court Ten rupees
(j) Application or Petition under Five rupees
section 47 and Order 21, Rule 90
of the Code of Civil Procedure,
1908 when filed in any court.
(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 Five rupees
section 34, 72, 73 and 74 of the
Indian Trusts Act, 1882
(l) (i) Application for probate or Twenty five
letters of administration or for rupees
revocation thereof to have
effect throughout India.
(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 Five rupees
estate does not exceed Rs.2,000
(2) if the value exceeds Rs.2,000
but does not exceed Rs.10,000 Ten rupees
(3) if the amount or value Twenty rupees
exceeds ten thousand 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 Two rupees
High Court
(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 Twenty five
of the award does not exceed Rs.5,000 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
(2) any other Court Two hundred
Rupees
(p) [***]
(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 Five rupees
proceeding to which the order
sought to be revised relates
does not exceed Rs.1,000
(ii) if such value exceed Fifteen rupees
Rs.1,000 but does not exceed
Rs.10,000
(iii) if the value exceeds Twenty rupees
Rs.10,000
(r) Petition under section 391, One hundred
439 and 522 of the Companies rupees
Act, 1956 in connection with
the winding up of a company.
(s) Petition to the High Court under One hundred
Article 226 of the Constitution rupees
for a writ other than the writ of
Habeas Corpus, or a petition
under Article 227 of the
Constitution.
(sa) Appeal or Petition to the One hundred
High Court from an original rupees
Judgement decree or order of
a single Judge of the High Court
made in exercise of the powers
under clause (1) of the Article
226, Article 227 and Article 228
of the Constitution of India.
(t) Application under section 45 Ten rupees
of the Specific Relief Act, 1877
(u) Application of petition presented
to the High Court [the Karnataka
Administrative Tribunal] and not
otherwise specially provided for
(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 Fifteen rupees
Taluk board or Panchayat]
(ii) the office of [President or Twenty five
Vice – President of a Taluk rupees
Board or Chairman or Vice-
Chairman of a Panchayat]
(iii) the member of a Town Fifty rupees
[xxx] Municipal Council
(iv) the office of member (of One hundred
a Municipal Corporation in the rupees
State] or a City Municipal
Council [xxx]
(v) the office of Mayor or Deputy Two hundred
Mayor [of a Municipal Corporation rupees
or of Chairman of a Municipality
[xxx]
12. Application for leave to sue Seventy five
as a pauper. Paise
13. Application for leave to appeal
as a pauper
(a) when presented to a High Court Two rupees
fifty paise
(b) when presented to any other court One rupee
twenty five
paise
14. Bail bond or other instrument One rupee and
or of obligation given in twenty five paise
pursuance of an order made
by a court of Magistrate under
any section of the Code of
Criminal Procedure, 1908 and
not otherwise provided for by
this Act.
15. Every copy of power of attorney Two rupees
when filed in any suit or proceeding
16. Mukhtanama or vakalatnama
or any paper signed by a
advocate signifying or intimating
that he is retained for a party
When presented
(a) to any Court other than a One rupee
High Court [or to the Karnataka
Appellate Tribunal] [xxx] or
Deputy Commissioner or [any
statutory or other authority or
any officer].
(b) to the [Karnataka Appellate Two rupees
Tribunal]
(c) to the High Court Three rupees
(cc) to the Karnataka Three rupees
Administrative Tribunal
(d) to the Government Three rupees
17. Agreement in writing stating a
question for the opinion of the
Court under the Code of Civil
Procedure, 1908
(i) where the value of the Fifteen rupees
subject matter does not
exceed Rs.5,000
(ii) in any other case One hundred
rupees
18. Caveat
(1) When filed under Indian
Succession Act
(i) if the value of the property Six rupees and
involved does not exceed two twenty five paise
thousand rupees..
(ii) if the value of the property Twelve rupees
involved exceeds two thousand and fifty paise
rupees.
(2) in other cases
(i) if filed in the High Court Ten rupees
(ia) if filed in the Karnataka Ten rupees
Administrative Tribunal
(ii) if filed in other courts. Five rupees
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