LAWYER DUTIES TOWARDS COURT An advocate is an officer of the court and his duty is to assist the Court in deciding a case on merits & in reaching to just and fair decision. He should be well equipped with the knowledge of law & the art of advocacy. He is the person who has to defend liberty, property & reputation of his client. All this is possible only, when he pay every respect carefully to Court, during process of…
Suit Valuation for the Purpose of Jurisdiction is Different from its Valuation for Fiscal Purpose of court fee Court fee Act is instrument for the purpose of collection of revenue for state & suit valuation act fixes value of suit for the purpose of jurisdiction. It is not necessary that both should be same. Suit Valuation: Generally the value of subject matter of the suit is called the value of suit or suit value. Object of Suit Valuation: The objects…
What is the scope and objectives of Court Fee Act? Describe the scope and objects of Court Fee Act? Scope and Objects of Court fees Act: Nowadays every state relies on definite fiscal enactments to make sure the gathering of revenue. One major purposes of Court Fees act is to levy fees / tax for facility to be rendered / delivered by the court. The Act not merely scribes fee but also suggest that how these levys are to be…
What documents are exempted from Court Fee? Describe the documents which are exempted from court Fee? Documents Exempted from Court Fees: Court fees Act, 1870 is a fiscal enactment with primary purpose of collecting revenue for state but section 19 of Court Fees Act, 1870 provides list of documents which have been expressly exempted from payment of court fees. Provisions: Section 19 of Court Fees Act, 1870. Meaning: A piece of scribed, in print, written, electronic matter that offer facts…
Computation of Court Fees: Court fees Act is a fiscal enactment. The court levied court fees Act in the form of tax & not a penalty on the litigants, section 7 of Court fees Act, 1870 described court fee in respect of various suits. Provisions: Section 7 of Court Fees Act, 1870. Computation of Court Fees in certain suits: According to section 7, the amount of court fee payable under court fees Act, in the suit shall be computed as…
Determination of Court Fees in Particular Cases: Court fees Act, 1870 is a fiscal enactment & levied court fees on institution of suits & presentation of docs before court. The court fee levied court fees Act is in form of tax & not a penalty on the litigants. Provisions: Section 7 of Court Fees Act, 1870 & Section 8 of Suit Valuation Act 1887. Determination of Court Fee: The Court fees in respect of various suits are defined as under, Suit…
Determination of Valuation of Certain Suits by High Court: The High Court has been empowered to determine the value of certain suits for the purpose of court fees. It is not necessary that court fee value & jurisdictional value should be same. The rule framed by High Court has the force of the law & they cannot be questioned. Provision: Section 7 of Court Fees Act, 1870 & Section 9 of Suit Valuation Act, 1887. Purpose: Determination of jurisdiction of…
Deficiency in Court Fee: Section four and six (4 & 6) of the Court fees Act, 1870 provide that no deed or document liable to charge with the court fee shall be filed or received in any court if proper court fee has not been affixed thereon. Section 149 CPC scribe and provide exception to the rule and it be read as proviso to sections four and six (4 and 6) of the Court Fees Act, 1870, according to that…