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 obtained.
Nature of Court Fees Act 1870: Court Fee Act is a fiscal enactment andwas enforced on April 1st 1870.
Meaning of Fiscal Enactment: It is a kind of law which has for its prime function the collection of revenue of Government.
Objects of Court fees Act: No Preamble, to grit the aim and object of the ibid act, the preamble has a greater importance but Court Fee Act, 1870 is an act without preamble & it is for the court to determine for the enacting clauses what its objects are to be.
Following main objects of Court Fee Act, 1870: The main objects of the ibid act are as under;
- Revenue Collection: The main object is to secure and gather revenue for the benefit of the state.
- Regulating & Ascertaining of Court Fee: Court Fee Act, 1870 is to regulate, levy & recovery of court fee from litigant / plaintiff / appellant / petitioner / complainant.
iii. To check frivolous Litigation: Court Fee Act, 1870 is to keep check on frivolous litigation.
- Multiplicity of suits: Due to imposition of definite sum of court fee, it limits superfluous and unnecessary litigations and also control the multiplicity of suits in the court which definitely make it manageable the overburdening of suits in the court.
Scope / capacity of Court Fees Act, 1870. Its scope can be scribed as under;
- Federal Enactment: The C.F.A 1870 is in federal law relating to subject of court fee mentioned in concurrent legislation list of 4th schedule of the constitution of Pak.
- Amendments: Art 142 (b) of constitution of 1973, the federal legislature as well as provincial legislature can make amends in C.F.A 1870.
iii. Prescribes Fees: The C.F.A prescribes fees in section I & II on the documents.
- Substantive as well as Procedural: The C.F.A 1870 is substantive as lying law and procedural as giving procedure in it for how fees is to be determined.
- Condition under which documents may be received, filed or registered: This Act not only prescribes fees but also supplies that how these fees are to be resolute.
- Documents which need not to be Stamped under section 19 C.F.A 1870: The documents or papers which does not need to be stamped u/s 19 are scribed as under;
- Power of attorney or vakalatnama. ii. Written statement does not plead set-off of counter claim. c. Probate of will. d. Supply of irrigation water
vii. Two kinds of Court Fees: There are two kinds of court fee and they are as under;
- Advalurem (According to value mentioned in Schedule I of the ibid act)
- Fixed (mentioned in Schedule II of the ibid act)
Conclusion: The Curt fees Act 1870 is a fiscal statute / act, with a primary object of gathering revenue / proceeds for the state. The object of the Act is to obtain compensation in shape of court fees prior to litigation and to afford as little scope as possible for litigation over the payment. It is intended not to arm litigant with a weapon of technicality but is to secure revenue for the state.