Determination of Court Fees in Particular Cases

Determination of Court Fees in Particular Cases

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 for ejectment of tenant from agricultural land: The amount of chargeable court fee will be amount of rent for the last 1 year.

Suit for specific performance of contract for sale of House Valuing Rs.20, 29 or 30 lacs: The amount of Court fees will be charged according to the value of subject matter. If the value is more than Rs. 25,000, then court fee will be charged at the rate  of 7.5 % of value but court fee shall not exceed Rs.15,000.

Suit for mesne Profit: The amount of court fee will be charged according to value of mesne profits claimed. If value is more than Rs. 25000 or, then court fee will be charges at the rate of 7.5% of value but court fee shall not exceed Rs. 15000.

Suit for declaration with consequential relief: If plaintiff in plaint valued more than Rs.25000/- as relief, then court fee at rate of 7.5% will be charged. The court fee shall not exceed Rs.15000/-.

Suit for permanent injunction: The amount of court fee will be charged according to value of subject matter. If value is more than Rs.25000/-, court fee will be charged at the rate of 7.5% & not exceed Rs.15000/-

Suit for recovery of damages amounting to Rs. 10 Million: Rs. 15000/- court fee will be charged. Suit for the recovery of dower amounting Rs. 5 lac: chargeable court fee will be Rs. 15/-

Suit for recovery of possession from tenant: court fee will b amount of rent for last 1year.

Suit for injunction where value of suit is Rs.2000/-: No court fee as value of subject matter is less than Rs.25000/-

Suit for restitution of conjugal rights: court fee will be Rs.15 as no value may b assigned.

Application for ejectment & receipt of Rent: court fee will be Rs.15/- as such suit is not specifically mentioned under this sec.

Suit for declaration as legal heirs of deceased: court fee will be Rs. 15/- as value of subject matter of suit is less than Rs.25000/-

Suit for possession of land through pre-emption: court fee will be charged according to value of subject matter. If value is more than Rs.25000, court fee will be charged 7.5% of value but court fee shall not exceed Rs. 15000.

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