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 follows, In suit of money: In case of monatory suit (including suit of damages or reimbursement, arrears of maintenance, or of others sums to be paid periodically). In simple money suits, court fee is calculated on the amount claimed under such suits.
In suits for maintenance: In suits for maintenance on other sum payable periodically. The court fee is computed according to value of subject matter of suit & such value will be deemed to be 10 time the amount claimed to be payable for 1year.
In suit for moveable property having market value: In suit of moveable property other than money, when subject matter has the market value, the court fee will be computed according to such value at the date of presenting plaint.
In suit for moveable property having no market value: In suit for moveable property where the subject matter has no market value, in the following cases: There are certain types of moveable properties, which have some value, but their market value cannot be assessed.. To enforce the right to share in any property on the ground that it is joint family system.
To obtain an injunction.. According to amendment by Finance Act, 1993, Court fee for the above cases shall be determined not less than for which Court fee shall be Rs. 15/- according the rate of Court fee. Presently Court fee charges are Seven point five percent (7.5%) of the subject matter. It indicates that the lowest amount value of the suit should be two hundred (Rs. 200) on which Court fee charges of fifteen rupees (Rs. 15) may be affixed.
In suit to enforce the right of preemption: Court fee is paid on the value of subject matter as in market. Amount provided in sale deed is immaterial. Only agricultural land is subject of preemption. In suit for specific performance: Suits for specific performance may involve certain types such as: a) Contract of sale: Amount of consideration in contract of sale determines Court fee.
- b) Contract/agreement of mortgage: In cases of mortgage, the amount which is secured from the mortagee is used to calculate Court fee. c) Contract of lease: In cases of lease of rent of 12 months including amount of fine or premium, if any be counted for court fee purposes.
- d) Award: Where award is made on property, the value of disputed property decides the payment of Court fee. In suit between landlord & Tenant: It may involve certain types of cases such as: a) Delivery of counterpart by tenants having a right of occupancy. b) Enhancement of rent cases by tenant.
- c) Delivery of lease by landlord. d) Recovery of property from a tenant. e) Contest a notice of ejectment. f) Recovery of property against illegal ejectment. g) For the abatement of rent.
In the above cases Court fee is paid on amount equivalent to the rent of last one-year.
Cases which are not expressly provided in Section 7 of the ibid Act: for the cases which are not expressly provided in section 7 of the ibid Act, Court fee shall be paid min Rs. 15.