Except in the Courts here in before mentioned, no document of any of the kinds specified as chargeable in the First or Second Schedule to this Act annexed shall be filed, exhibited or recorded in any Court of Justice, or shall be received or furnished by any public officer, unless in respect of such document there be paid a fee of an amount not less than that indicated by either of the said Schedules as the proper fee for such document.
The amount of fee payable under this Act in the suits next hereinafter mentioned shall be computed as follows:-
(i) For money;-In suits for money (including suits for damages or compensation, or arrears of maintenance, of annuities, or of other sums payable periodically)-according to the amount claimed;
(ii) For maintenance and annuities;-In suïts for maintenance and annuities or other sums payable periodically-according to the value of the subject-matter of the suit, and such value shall be deemed to be ten times the amount claimed to be payable for one year;
(iii) For other moveable property having a market-value;-In suits for moveable property other than money, where the subject-matter has a market-value-according to such value at the date of presenting the plaint;
(iv) In suits-
(a) For moveable property of no market value;-for moveable property where the subject-matter has no market-value, as, for instance, in the case of documents relating to title.
(b) To enforce a right to share in joint family property;-to enforce the right to share in any property on the ground that it is joint family property,
(c) For a declaratory decree and consequential relief;-to obtain a declaratory decree or order, where consequential relief is prayed,
(d) For an injunction.-to obtain an injunction,
(e) For easements.-for a right to some benefit (not herein otherwise provided for) to arise out of land, and
(f) For accounts;-for accounts-according to the amount at which the relief sought is valued in the plaint or memorandum of appeal. In all such suits the plaintiff shall state the amount at which he values the relief sought1***;
(v) For possession of land, houses and gardens;-In suits for the possession of land, houses and gardens-according to the value of the subject-matter; and such value shall be deemed to be- where the subject-matter is land, and-
(a) Where the land forms an 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 Collector's register as separately assessed with such revenue;and such revenue is permanently settled-ten times the revenue so payable;
(b) Where the land forms an 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 such revenue is settled, but not permanently- five times the revenue so payable;
(c) Where the land pays no such revenue, or has been partially exempted from such payment, or is charged with any fixed payment in lieu of such revenue,and net profits have arisen from the land during the year next before the date of presenting the plaint-fifteen times such net profits;but where no such net profits have arisen therefrom-the amount at which the Court shall estimate the land with reference to the value of similar land in the neigh bour hood;
(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 market-value of the land:proviso as to Bombay presidency;- Provided that, in the territories subject to the2Governor of Bombay in Council, the value of the land shall be deemed to be-
(1) Where the land is held on settlement for a period not exceeding thirty years and pays the full assessment to Government-a sum equal to five times the survey-assessment;
(2) Where the land is held on a permanent settlement, or on a settlement for any period exceeding thirty years, and pays the full assessment to Government-a sum equal to ten times the survey-assessment; and
(3) Where the whole or any part of the annual survey-assessment is remitted-sum computed under paragraph (1) or paragraph (2) of this proviso, as the case may be, in addition to ten times the assessment, or the portion of assessment, so remitted. Explanation. - The word "estate", as used in this paragraph, means any land subject to the payment of revenue, for which the proprietor or a farmer or ryot shall have executed a separate engagement to Government, or which, in the absence of such engagement, shall have been separately assessed with revenue;
(e) For houses and gardens;-where the subject-matter is a house or garden-according to the market-value of the house or garden;
(vi) To enforce a right of pre-emption;-In suits to enforce a right of pre-emption-according to the value [computed in accordance with paragraph (v) of this section] of the land, house or garden in respect of which the right is claimed;
(vii) For interest assignee of land revenue; In suits for the interest of an assignee of land-revenue-fifteen times his net profits as such for the year next before the date of presenting the plaint:
(viii) To set aside an attachment; In suits to set aside an attachment of land or of an interest in land or revenue-according to the amount for which the land or interest was attached:
Provided that, where such amount exceeds the value of the land or interest, the amount of fee shall be computed as if the suit were for the possession of such land or interest;
(ix) To redeem; In suits against a mortgagee for the recovery of the property mortgaged, to foreclose; and in suits by a mortgagee to foreclose the mortgage, or, where the mortgage is made by conditional sale, to have the sale declared absolute-- according to the principal money expressed to be secured by the instrument of mortgage;
(x) For specific performance;-In suits for specific performance-
(a) Of a contract of sale-according to the amount of the consideration;
(b) Of a contract of mortgage-according to the amount agreed to be secured;
(c) Of a contract of lease-according to the aggregate amount of the fine or premium (if any) and of the rent agreed to be paid during the first year of the term;
(d) Of an award-according to the amount or value of the property in dispute;
(xi) Between landlord and tenant.-
In the following suits between landlord and tenant:-
(a) For the delivery by a tenant of the counterpart of a lease,
(b) To enhance the rent of a tenant having a right of occupancy,
(c) For the delivery by a landlord to a lease,
3*[(cc) For the recovery of immoveable property from a tenant, including a tenant holding over after the determination of a tenancy,]
(d) To contest a notice of ejectment.
(e) To recover the occupancy of 4*[immovable property] from which a tenant has been illegally ejected by the landlord, and
(f) For abatement of rent-according to the amount of the rent of the4*[immovable property] to which the suit refers, payable for the year next before the date of presenting the plaint.
1. The words "and the provision of the Code of Civil Procedure, section thirty-one, shall apply as if, for the word 'claim,' the words 'relief sought' were substituted" rep. by Act 12 of 1891, Section 2 and Schedule I.
2. See paragraph 8 of the A.O. 1937. In view of this provision the expression "Govemor of Bombay in Council" has been left unmodified.
3. Inserted by Act 6 of 1905, Section 2(1)
4. Substituted by Section 2(2), by Act 6 of 1905, for "land".
The amount of fee payable under this Act on a memorandum of appeal against an order relating to compensation under any Act for the time being in force for the 1*acquisition of land for public purposes, shall be computed according to the difference between the amount awarded and the amount claimed by the appellant 2[***]
3*[Provided that the fixed Court fee of one hundred rupees shall be payable on the memorandum of appeal or cross objections before the High court arising under the Land Acquisition Act, 1894 or any other law for the time being in force for acquisitions of land for public purposes.]
1. See now the Land Acquisition Act, 1894 (1 of 1894)
2. Substituted by the Court Fees (Punjab amendment) Act, 1999 vide Notification No. G.S.R.(E) dated 20.07.2009 for the figure : - "." 3. Inserted by the Court Fees (Punjab amendment) Act, 1999 vide Notification No. G.S.R.(E) dated 20.07.2009.
If the Court sees reason to think that the annual net profits or the a market-value of any such land, house or garden as is mentioned in section 7, paragraphs (v) and (vi), have or has been wrongly estimated, the Court may, for the purpose of computing the fee payable in any suit therein mentioned, 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.
(i) If in the result of any such investigation the Court finds that the net profits or market-value have or has been wrongly estimated, the Court, if the estimation has been excessive, may in its discretion refund the excess paid as such fee: but, if the estimation has been insufficient, the Court shall require the plaintiff to pay so additional fee as would have been payable had the said market-value or net profits been rightly estimated.
(ii) In such case the suit shall be stayed until the additional fee is paid. If the additional fee is not paid within such time as the Court shall fix, the suit shall be dismissed.
In suits for mesne profits or for immoveable property and mesne profits, or for an account, if the profits or amount decreed are or is in excess of the profits claimed or the amount at which the plaintiff valued the relief sought, the decree shall not be executed until the difference between the fee actually paid and the fee which would have been payable had the suit comprised the whole of the profits or amount so decreed shall have been paid to the proper officer. Where the amount of mesne profits is left to be ascertained in the course of the execution of the decree, if the profits so ascertained exceed the profits claimed, the further execution of the decree shall be stayed until the difference between the fee actually paid and the fee which would have been payable had the suit comprised the whole of the profits so ascertained is paid. If the additional fee is not paid within such time as the Court shall fix, the suit shall be dismissed.
(i) Every question relating to valuation for the purpose of determining the amount of any fee chargeable under this Chapter on a plaint or memorandum of appeal, shall be decided by the Court in which such plaint or memorandum, as the case may be, is filed, and such decision shall be final as between the parties to the suit.
(ii) But whenever any such suit comes before a Court of appeal, reference or revision, if such Court considers that the said question has been wrongly decided to the detriment of the revenue, it shall require the party by whom such fee has been paid to pay so much additional fee as would have been payable had the question been rightly decided, and the provisions of section 10, paragraph (ii), shall apply.
If an appeal or plaint, which has been rejected by the lower Court on any of the grounds mentioned in the1*Code of Civil Procedure, is ordered to be received, or if a suit is remanded in appeal, on any of the grounds mentioned in 351 of the same Code, for a second decision by the lower Court, the Appellate Court shall grant to the appellant a certificate, authorizing him to receive back from the Collector the full amount of fee paid on the memorandum of appeal:
Provided that if, in the case of a remand in appeal, the order of remand shall not cover the whole of the subject-matter of the suit, the certificate so granted shall not authorize the appellant to receive back more than so much fee as would have been originally payable on the part or parts of such subject-matter in respect whereof the suit has been remanded.
Where an application for a review of judgment is presented on or after the ninetieth day from the date of the decree, the Court, unless the delay was caused by the applicant's laches, may, in its discretion, grant him a certificate authorizing him to receive back from the Collector so much of the fee paid on the application as exceeds the fee which would have been payable had it been presented before such day.
Where an application for a review of judgment is admitted, and where, on the rehearing, the Court reverses or modifies its former decision on the ground of mistake in law or fact, the applicant shall be entitled to a certificate from the Court authorizing him to receive back from the Collector so much of the fee paid on the 1*[application] as exceeds the fee payable on any other application to such Court under the Second Schedule to this Act, No. 1, clause (b) or clause (d).
But nothing in the former part of this section shall entitle the applicant the applicant to such certificate where the reversal or modification is due, wholly or in part, to fresh evidence which might have been produced at the original hearing.
Where the court refers the parties to the suit to any one of the mode of settlement of dispute referred to in section 89 of the Code of Civil Procedure, 1908 (5 of 1908), the plaintiff shall be entitled to a certificate from the court authorising him to receive back from the collector, the full amount of the fee paid in respect of such plaint.
Where a suit embraces two or more distinct subjects, the plaint or memorandum of appeal shall be chargeable with the aggregate amount of the fees to which the plaints or memorandum of appeal suits embracing separately each of such subjects would be liable under this Act.
Nothing in the former part of this section shall be deemed to affect the power conferred by the1*Code of Civil Procedure, section 9.
When the first or only examination of a person who complains of the offence of wrongful confinement, or of wrongful restraint, or of any offence other than an offence for which police-officers may arrest without a warrant, and who has not already presented a petition on which fee has been levied under this Act, is reduced to writing under the provisions of the1*Code of Criminal Procedure, the complainant shall pay a fee of eight annas, unless the Court thinks fit to remit such payment.
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