Nothing in Chapters II and V of this Act applied to the Commission payable to the Accountant General of the High Court at Fort William, or to the fees which any officer of a High Court is allowed to receive in addition to a fixed salary.
_________________________
1. Subs. by Act 12 of 1891, sec. 2 and Sch. II, for the section 34.
2. Subs. by the A.O. 1937, for "Local Government".
3. Subs. by Act 38 of 1920, sec. 2 and Sch. I, for "British India" THE COURT-FEES ACT,1870 23
SCHEDULE I Ad valorem fees Number Proper fee
1. Plaint, '[written statement pleading a set-off or counter-claim] or memorandum of appeal (not otherwise provided for in this Act '[or of cross-objection] presented to any Civil or Revenue Court except those mentioned in section 3.
When the amount or value of the subject-matter in dispute does not exceed five rupees.
When such amount or value exceeds five rupees, for every five rupees, or part thereof, in excess of five rupees, up to one hundred rupees.
When such amount or value exceeds one hundred rupees, for every ten rupees, or part thereof, in excess of one hundred rupees, up to one thousand rupees.
When such amount or value exceeds one thousand rupees, for every one hundred rupees, or part thereof, in excess of one thousand rupees, up to five thousand rupees.
When such amount or value exceeds five thousand rupees, for every two hundred and fifty rupees, or part thereof, in excess of five thousand rupees, up to ten thousand rupees.
When such amount or value exceeds ten thousand rupees, for every five hundred rupees, or part thereof, in excess of ten thousand rupees, up to twenty thousand rupees.
When such amount or value exceeds twenty thousand rupees, for every one thousand rupees, or part thereof, in excess of twenty thousand rupees, up to thirty thousand rupees.
When such amount or value exceeds thirty thousand rupees, for every two thousand rupees, or part thereof, in excess of thirty thousand rupees, up to fifty thousand rupees.
Six annas.
Six annas.
Twelve annas Five rupees.
Ten rupees.
Fifteen rupees.
Twenty rupees.
Twenty rupees l. Ins. by Act 5 of 1908, sec. 155 and Sch. IV.
Number Proper fee THE COURT-FEES ACT,1870 24
2. Plaint 1 [* * *] in suit for possession under 2[the Specific Relief Act, 18773,section 9].
4[* * *]
4. Application for review of judgment, if presented on or after the ninetieth day from the date of the decree.
5. Application for review of judgment, if presented before the ninetieth day from the date of the decree.
6. Copy or translation of a judgment or order not being, or having the force of, a decree.
When such amount or value exceeds fifty thousand rupees, for every five thousand rupees, or part thereof, in excess of fifty thousand rupees:
Provided that the maximum fee leviable on a plaint or memorandum of appeal shall be three thousand rupees.
When such judgment or order is passed by any Civil Court other than a High Court, or by the presiding officer of any Revenue Court or Office, or by any other Judicial or Executive Authority-
(a) If the amount or value of the subject-matter is fifty or less than fifty rupees.
(b) If such amount or value exceeds fifty rupees.
When such judgment or order is passed by a High Court.
Twenty-five rupees.
A fee of one-half the amount prescribed in the foregoing scale.
The fee leviable on the plaint or memorandum of appeal.
One-half of the fee leviable on the plaint or memorandum of appeal.
Four annas.
Eight annas.
One rupee.
1. The words "or memorandum of appeal" rep. by Act 20 of 1870, sec. 1.
2. Subs. by Act 12 of 1891, sec. 2 and Sch. II, for "Act No. 14 of 1859 (to provide for the limitation of suits), section 15."
3. See now the Specific Relief Act, 1963 (47 of 1963).
4. The words and figure "3. Petition under the Indian Registration Act, section fifty-three" omitted by Act 8 of 1871, sec. 2 and Sch. I.
THE COURT-FEES ACT,1870 25 Number Proper fee
7. Copy of a decree or order having the force of a decree.
8. Copy of any document liable to stamp-duty under the Indian Stamp Act, 1879 1 when left by any party to a suit or proceeding in place to a suit or proceeding in place of the original withdrawn.
9. Copy of any revenue or judicial proceeding or order not otherwise provided for by this Act, or copy of any account, statement, report or the like, taken out of any Civil or Criminal or Revenue Court or office, or from the office of any chief officer charged with the executive administration of a division.
2[* * *] 3 [ 11. Probate of a will or letters of administration with or without will annexed.
When such decree or order is made by any Civil Court other than a High Court, or by any Revenue Court-
(a) If the amount or value of the subject-matter of the suit wherein such decree or order is made is tifty or less than fifty rupees.
(b) If such amount or value exceeds fifty rupees.
When such decree or order is made by a High Court.
(a) When the stamp-duty chargeable on the original does not exceed eight annas.
(b) In any other case.
For every three hundred and sixty words or fraction of three hundred and sixty words.
4 [When the amount or value of the property in respect of which the grant of probate or letters is made exceeds one thousand rupees, but does not exceed ten thousand rupees.
When such amount or value exceeds ten thousand rupees, but does not exceed fifty thousand rupees.
Eight annas.
One rupee.
Four rupees.
The amount of the duty chargeable on the original.
Eight annas.
Eight annas.
Two per centum on such amount or value.
Two and one-half per centum on such amount or value.
1. See now the Indian Stamp Act, 1899 (2 of 1899).
2. Article 10 omitted by Act 8 of 1890, sec. 2 and Sch.
3. Subs. by Act 7 of 1889, sec. 13, for article 11.
4. Subs. by Act 7 of 1910, sec. 2.
THE COURT-FEES ACT,1870 26 Number Proper fee 1 [12. Certificate under the Succession Certificate Act, 1889 2 • When such amount or value exceeds fifty thousand rupees:
Provided that when, after the grant of a certificate under the Succession Certificate Act, 1889 2 or under the Regulation of the Bombay Code No. VIII of 1827, in respect of any property included in an estate, a grant of probate or letters of administration is made in respect of the same estate, the fee payable in respect of the latter grant shall be reduced by the amount of the fee paid in respect of the former grant.
In any case Three per centum on such amount or value].
Two per centum on the amount or value of any debt or security specified in the certificate under section 8 of the Act, and three per centum on the amount or value of any debt or security to which the certificate is extended under section 10 of the Act.
Notes-(I) The amount of a debt is its amount, including interest, on the day on which the inclusion of the debt in the certificate is applied for, so far as such amount can be ascertained.
(2) Whether or not any power with respect to a security specified in a certificate has been conferred, under the Act, and where such a power has been so conferred, whether the power is for the receiving of interest or dividends on, or for the negotiation or transfer' of, the security, or for both purposes,
1. Subs. by Act 7 of 1889, sec. 13, for article 12.
2. See now the Indian Succession Act, 1925 (39 of 1925).
THE COURT-FEES ACT,1870 27 Number Proper fee 1 [12A. Certificate under the Regulation of the Bombay Code No. VIII of 1827.
4 [13. Application to the S[High Court of Punjab] for the exercise of its jurisdiction under section 44 of the Punjab Courts Act, 1918 or to the Court of the Financial Commissioner of Punjab for the exercise of its revisional jurisdiction under section 84 of the Punjab Tenancy Act, 1887.
6 [* * *] 7 [* * *] 2 [(1) As regards debts and securities
(2) As regards other property in respect of which the certiticate is granted- When the amount or value of such property exceeds one thousand rupees, but does not exceed ten thousand rupees.
When such amount or value exceeds ten thousand rupees, but does not exceed fifty thousand rupees.
When such amount or value exceeds fifty thousand rupees.
When the amount or value of the subject-matter in dispute does not exceed twenty-five rupees.
When such amount or value exceeds twenty-five rupees.
the value of the security is its market-value on the day on which the inclusion of the security in the certificate is applied for, so far as such value can be ascertained.]
The same fee as would be payable in respect of a certificate under the Succession Certificate Act, 1889 3 or in respect of an extension of such a certificate, as the case may be.
Two per centum on such amount or value.
Two and one-half per centum on such amount or value.
Three per centum on such amount or value.]] Two rupees.
The fee leviable on a memorandum of appeal.
1. Subs. by Act 7 of 1889, sec. 13, for article 12A.
2. Subs. by Act 7 of 1910, sec. 2.
3. See now the Indian Succession Act, 1925 (39 of 1925).
4. Originally ins. by the Punjab Courts Act, 1884 (18 of 1884), sec. 71, as amended by the Punjab Courts Act, 1899 (25 of 1899), sec. 6. Article 13 was rep. in the Punjab by sec. 5 of the Punjab Courts (Amendment) Act, 1912 (Punjab Act 1 of 1912); but it has since been revived in this form by the Court-fees (Punjab Amendment) Act, 1922 (Punjab Act 17 of 1922).
5. Subs. by the A.D. 1948, for "High Court of Judicature at Lahore".
6. Article 14 rep. by the A.D. 1937.
7. Article 15 rep. by Act 11 of 1923, sec. 3 and Sch. II.
THE COURT-FEES ACT,1870 28 Table of Rates of ad valorem Fees Leviable on the institution of suits When the amount or value of the subject-matter exceeds But does not exceed Proper fee Rs. Rs. Rs. A. P.
- 5 0 6 0 5 10 0 12 0 10 15 1 2 0 15 20 1 8 0 20 25 1 14 0 25 30 2 4 0 30 35 2 10 0 35 40 3 0 0 40 45 3 6 0 45 50 3 12 0 50 55 4 2 0 55 60 4 8 0 60 65 4 14 0 65 70 5 4 0 70 75 5 10 0 75 80 6 0 0 80 85 6 6 0 85 90 6 12 0 90 95 7 2 0 95 100 7 8 0 100 110 8 4 0 110 120 9 0 0 120 130 9 12 0 130 140 10 8 0 140 150 11 4 0 150 160 12 0 0 160 170 12 12 0 170 180 13 8 0 180 190 14 4 0 190 200 15 0 0 200 210 15 12 0 210 220 16 8 0 220 230 17 4 0 230 240 18 0 0 240 250 18 12 0 250 260 19 8 0 260 270 20 4 0 270 280 21 0 0 280 290 21 12 0 THE COURT-FEES ACT,1870 29 When the amount or value of the subject-matter exceeds But does not exceed Proper fee Rs. Rs. Rs. A. P.
290 300 22 8 0 300 310 23 4 0 310 320 24 0 0 320 330 24 12 0 330 340 25 8 0 340 350 26 4 0 350 360 27 0 0 360 370 27 12 0 370 380 28 8 0 380 390 29 4 0 390 400 30 0 0 400 410 30 12 0 410 420 31 8 0 420 430 32 4 0 430 440 33 0 0 440 450 33 12 0 450 460 34 8 0 460 470 35 4 0 470 480 36 0 0 480 490 36 12 0 490 500 37 8 0 500 510 38 4 0 510 520 39 0 0 520 530 39 12 0 530 540 40 8 0 540 550 41 4 0 550 560 42 0 0 560 570 42 12 0 570 580 43 8 0 580 590 44 4 0 590 600 45 0 0 600 610 45 12 0 610 620 46 8 0 620 630 47 4 0 630 640 48 0 0 640 650 48 12 0 650 660 49 8 0 660 670 50 4 0 670 680 51 0 0 680 690 51 12 0 THE COURT-FEES ACT,1870 30 When the amount or value of But does not exceed Proper fee the subject-matter exceeds Rs. Rs. Rs. A. P.
690 700 52 8 0 700 710 53 4 0 710 720 54 0 0 720 730 54 12 0 730 740 55 8 0 740 750 56 4 0 750 760 57 0 0 760 770 57 12 0 770 780 58 8 0 780 790 59 4 0 790 800 60 0 0 800 810 60 12 0 810 820 61 8 0 820 830 62 4 0 830 840 63 0 0 840 850 63 12 0 850 860 64 8 0 860 870 65 4 0 870 880 66 0 0 880 890 66 12 0 890 900 67 8 0 900 910 68 4 0 910 920 69 0 0 920 930 69 12 0 930 940 70 8 0 940 950 71 4 0 950 960 72 0 0 960 970 72 12 0 970 980 73 8 0 980 990 74 4 0 990 1,000 75 0 0 1,000 1,100 80 0 0 1,100 1,200 85 0 0 1,200 1,300 90 0 0 1,300 1,400 95 0 0 1,400 1,500 100 0 0 1,500 1,600 105 0 0 1,600 1,700 110 0 0 1,700 1,800 115 0 0 ],800 1,900 120 0 0 THE COURT-FEES ACT,1870 31 When the amount or value of the subject -matter exceeds But does not exceed Proper fee Rs. Rs. Rs. A. P.
1,900 2,000 125 0 0 2,000 2,100 130 0 0 2,100 2,200 135 0 0 2,200 2,300 140 0 0 2,300 2,400 145 0 0 2,400 2,500 150 0 0 2,500 2,600 155 0 0 2,600 2,700 160 0 0 2,700 2,800 165 0 0 2,800 2,900 170 0 0 2,900 • 3,000 175 0 0 3,000 3,100 180 0 0 3,100 3,200 185 0 0 3,200 3,300 190 0 0 3,300 3,400 195 0 0 3,400 3,500 200 0 0 3,500 3,600 205 0 0 3,600 3,700 210 0 0 3,700 3,800 215 0 0 3,800 3,900 220 0 0 3,900 4,000 225 0 0 4,000 4,100 230 0 0 4,100 4,200 235 0 0 4,200 4,300 240 0 0 4,300 4,400 245 0 0 4,400 4,500 250 0 0 4,500 4,600 255 0 0 4,600 4,700 260 0 0 4,700 4,800 265 0 0 4,800 4,900 270 0 0 4,900 5,000 275 0 0 5,000 5,250 285 0 0 5,250 5,500 295 0 0 5,500 5,750 305 0 0 5,750 6,000 315 0 0 6,000 6,250 325 0 0 6,250 6,500 335 0 0 6,500 6,750 345 0 0 6,750 7,000 355 0 0 7,000 7,250 365 0 0 THE COURT-FEES ACT,1870 32 When the amount or value of the subject-matter exceeds But does not exceed Proper fee Rs. Rs. Rs. A. P.
7,250 7,500 375 0 0 7,500 7,750 385 0 0 7,750 8,000 395 0 0 8,000 8,250 405 0 0 8,250 8,500 415 0 0 8,500 8,750 425 0 0 8,750 9,000 435 0 0 9,000 9,250 445 0 0 9,250 9,500 455 0 0 9,500 9,750 465 0 0 9,750 10,000 475 0 0 10,000 10,500 490 0 0 10,500 11.000 505 0 0 11,000 11,500 520 0 0 11,500 12,000 535 0 0 12,000 12,500 550 0 0 12,500 13,000 565 0 0 13,000 13,500 580 0 0 13,500 14,000 595 0 0 14,000 14,500 610 0 0 14,500 15,000 625 0 0 15,000 15,500 640 0 0 15,500 16,000 655 0 0 16,000 16,500 670 0 0 16,500 17,500 685 0 0 17 ,000 17,500 700 0 0 17,500 18,000 715 0 0 18,000 18,500 730 0 0 18,500 19,000 745 0 0 19,000 19,500 760 0 0 19,500 20,000 775 0 0 20,000 21,000 795 0 0 21,000 22,000 815 0 0 22,000 23,000 835 0 0 23,000 24,000 855 0 0 24,000 25,000 875 0 0 25,000 26,000 895 0 0 26,000 27,000 915 0 0 27,000 28,000 935 0 0 28,000 29,000 955 0 0 THE COURT-FEES ACT,1870 33 When the amount or value of the subject-matter exceeds But does not exceed Proper fee Rs. Rs. Rs. A. P.
29,000 30,000 975 0 0 30,000 32,000 995 0 0 34,000 36,000 1,035 0 0 36,000 38,000 1,055 0 0 38,000 40,000 1,075 0 0 40,000 42,000 1,095 0 0 42,000 44,000 1,115 0 0 44,000 46,000 1,135 0 0 46,000 48,000 1,155 0 0 48,000 50,000 1,175 0 0 50,000 55,000 1,200 0 0 55,000 60,000 1,225 0 0 60,000 65,000 1,250 0 0 65,000 70,000 1,275 0 0 70,000 75,000 1,300 0 0 75,000 80,000 1,325 0 0 80,000 85,000 1,350 0 0 85,000 90,000 1,375 0 0 90,000 95,000 1,400 0 0 95,000 1,00,000 1,425 0 0 1,00,000 1,05,000 1,450 0 0 1,05,000 1,10,000 1,475 0 0 1,10,000 1,15,000 1,500 0 0 1,15,000 1,20,000 1,525 0 0 1,20,000 1,25,000 1,550 0 0 1,25,000 1,30,000 1,575 0 0 1,30,000 1,35,000 1,600 0 0 1,35,000 1,40,000 1,625 0 0 1,40,000 1,45,000 1,650 0 0 1,45,000 1,50,000 1,675 0 0 1,50,000 1,55,000 1,700 0 0 1,55,000 1,60,000 1,725 0 0 1,60,000 1,65,000 1,750 0 0 1,65,000 1,70,000 1,775 0 0 1,70,000 1,75,000 1,800 0 0 1,75,000 1,80,000 1,825 0 0 1,80,000 1,85,000 1,850 0 0 1,85,000 1,90,000 1,875 0 0 1,90,000 1,95,000 1,900 0 0 1,95,000 2,00,000 1,925 0 0 THE COURT-FEES ACT,1870 34 When the amount or value of the subject-matter exceeds But does not exceed Proper fee Rs. Rs. Rs. A. P.
2,00,000 2,05,000 1,950 0 0 2,05,000 2,10,000 1,975 0 0 2,10,000 2,15,000 2,000 0 0 2,15,000 2,20,000 2,025 0 0 2,20,000 2,25,000 2,050 0 0 2,25,000 2,30,000 2,075 0 0 2,30,000 2,35,000 2,100 0 0 2,35,000 2,40,000 2,125 0 0 2,40,000 2,45,000 2,150 0 0 2,45,000 2,50,000 2,175 0 0 2,50,000 2.55,000 2,200 0 0 2,55,000 2,60,000 2,225 0 0 2,60,000 2,65,000 2,250 0 0 2,65,000 2,70,000 2,275 0 0 2,70,000 2,75,000 2,300 0 0 2,75,000 2,80,000 2,325 0 0 2,80,000 2,85,000 2,350 0 0 2,85,000 2,90,000 2,375 0 0 2,90,000 2,95,000 2,400 0 0 2,95,000 3,00,000 2,425 0 0 3,00,000 3,05,000 2,450 0 0 3,05,000 3,10,000 2,475 0 0 3,10,000 3,15,000 2,500 0 0 3,15,000 3,20,000 2,525 0 0 3,20,000 3,25,000 2,550 0 0 3,25,000 3,30,000 2,575 0 0 3,30,000 3,35,000 2,600 0 0 3,40,000 3,45,000 2,650 0 0 3,45,000 3,50,000 2,675 0 0 3,50,000 3,55,000 2,700 0 0 3,55,000 3,60,000 2,725 0 0 3,60,000 3,65,000 2,750 0 0 3,65,000 3,70,000 2,775 0 0 3,70,000 3,75,000 2,800 0 0 3,75,000 3,80,000 2,825 0 0 3,80,000 3,85,000 2,850 0 0 3,85,000 3,90,000 2,875 0 0 3,90,000 3,95,000 2,900 0 0 3,95,000 4,00,000 2,925 0 0 4,00,000 4,05,000 2,950 0 0 4,05,000 4,10,000 2,975 0 0 4,10,000 3,000 0 0 THE COURT-FEES ACT,1870 35 Number Proper fee
1.Application or Petition
(a) When presented to any officer of the Customs or Excise Department or to any Magistrate by any person having dealings with the Government, and when the subject-matter of plication relates exclusively to those dealings;
or when presented to any officer of land revenue by any person holding temporarily settled land under direct engagement with Government, and when the subject-matter of the application or petition relates exclusively to such engagement;
or when presented to any Municipal Commissioner under any Act for the time being in force for the conservancy or improvement of any place, if the application or petition relates solely to such conservancy or improvement;
or when presented to any Civil Court other than a principal Civil Court of original jurisdiction 1[***] or to any Court of Small Causes constituted under 2 Act No. 11 of 1865 or under3 Act No. 16 of 1868, section 20 or to a Collector or other officer of revenue in relation to any suit or case in which the amount or value of the subject-matter is less than fifty rupees;
or when presented to any Civil, Criminal or Revenue Court, or to any board or executive officer for the purpose One anna.
1. The words "or to any Cantonment Magistrate sitting as a Court of Civil Judicature under Act 3 of 1859" rep. by Act 13 of 1889, sec. 2 and Sch.
2. See now the Provincial Small Cause Courts Act, 1887 (9 of 1887).
3. See now the Bengal, Agra and Assam Civil Courts Act, 1887 (12 of 1887), sec. 25.
THE COURT-FEES ACT,1870 36 Number Proper fee
1. Application or petition contd.
2 [1A. Application to any Civil Court that records may be called for from another Court of obtaining a copy or translation of any judgment, decree or order passed by such Court, Board or Officer, or of any other document on record in such Court or Office.
(b) When containing a complaint or charge of any offence other than an offence for which police officers may, under the Criminal Procedure Code l arrest without warrant and presented to any Criminal Court;
or when presented to Civil Criminal or Revenue Court, or to a Collector, or any revenue officer having jurisdiction equal or subordinate to a Collector, or to any Magistrate in his executive capacity, and not otherwise provided for by this Act;
or to deposit in Court revenue or rent;
or for determination by a Court of the amount of compensation to be paid by a landlord to his tenant.
(c) When presented to a Chief Commissioner or other Chief Controlling Revenue or Executive Authority, or to a Commissioner of Revenue or Circuit, or to any chief officer charged with the executive administration of a division and not otherwise provided for by Act.
(d) When presented to a High Court.
When the Court grants the application and is of opinion that the transmission of such records involves the use of the post.
Eight annas.
One rupee.
Two rupees Twelve annas in addition to any fee levied on the application under clause (a), clause
(b) or clause (d) of Article 1 of this Schedule.]
1. See now the Code of Criminal Procedure, 1973 (2 of 1974).
2. Ins. by Act 14 of 1911, sec. 2.
THE COURT-FEES ACT,1870 37 Number Proper fee
2. Application for leave to sue as a pauper.
3. Application for leave to appear as a pauper.
4. Plaint or memorandum of appeal in a suit to obtain possession under 1 Act 16 of 1838, or 2 [the 3 Mamlatdars' Courts Act, 1876].
5. Plaint or memorandum of appeal in a suit to establish or disprove a right of occupancy.
6.
4 [Bail-bond or other instrument of obligation given in pursuance of an order made by a Court of Magistrate under any section of the Code of Criminal Procedure, 1898, or the Code of Civil Procedure, 1908, and not otherwise provided for by this Act.]
7. Undertaking under section 49 of the Indian Divorce Act, 1869.
5 [* * *]
10. Mukhatarnama or Vakalatnama.
(a) When present to a District Court.
(b) When presented to a Commissioner or a High Court.
When presented for the conduct of anyone case-
(a) to any Civil or Criminal Court other than a High Court, or to any Revenue Court, or to any Collector or Magistrate, or other executive officer except such as are mentioned in clauses (b) and (c) of this number;
Eight annas.
One rupee.
Two rupees.
Eight annas.
Eight annas.
Eight annas.
1. The Bombay Courts of Adalat Act, 1838.
2. Subs. by Act 12 of 1891, sec. 2 and Sch. II, for "Bombay Act No.5 of 1864 (to give Mamlatdars' Courts jurisdiction in certain cases to maintain existing possession or to restore possession to any party dispossessed otherwise than by course of low).
3. See now the Mamlatdars' Courts Act, 1906 (Bombay Act 2 of 1906).
4. Subs. by Act 17 of 1914, sec. 2 and Sch. I, for certain words.
5. Articles 8 and 9 omitted by Act 12 of 1891, sec. 2 and Sch I.
THE COURT-FEES ACT,1870 38 Number Proper fee
11. Memorandum of appeal when the appeal is not 1 [* * *] from a decree or an order having the force of a decree, and is presented-
12. Caveat.
13. Application under 2 Act No. IO of 1859, section 26, or 3 Bengal Act No. 6 of 1862, section 9, or 4 Bengal Act No.8 of 1869, section 37.
14. Petition in a suit under the Native Converts' Marriage Dissolution Act, 1866.
5 [* * *] 6 [* * *]
(b) to a Commissioner of Revenue, Circuit or Customs, or to any officer charged with the executive administration of a Division, not being the Chief Revenue or Executive Authority;
(c) to a High Court, Chief Commissioner, Board or Revenue, of other Chief Controlling Revenue or Executive Authority;
(a) to any Civil Court other than a High Court, or to any revenue Court or Executive Officer other than the High Court or Chief Controlling Revenue or Executive Authority;
(b) to a High Court or Chief Commissioner, or other Chief Controlling Executive or Revenue Authority.
One rupee.
Two rupees.
Eight annas.
Two rupees.
Five rupees.
1. The words "from an order rejecting a plaint or" omitted by Act 5 of 1908, sec. 155 and 8ch. IV.
2. Act 10 of 1859 rep. by the Bengal Tenancy Act, 1885 (8 of 1885) in those portions of the Lower Provinces to which that Act extends; in the Chota Nagpur Division (except Manbhum and the Tributary Mahals) by the Chota Nagpur Landlord and Tenant Procedure Act, 1879 (Ben. 1 of 1879), [now rep. by the Chota Nagpur Tenancy Act, 1908 (Ben. 6 of 1908)]; in the Province of Agra by Act 18 of 1873; and in the C.P. by the C.P. Tenancy Act, 1883 (9 of 1883).
3. Bengal Act 6 of 1862 rep. by the Bengal Tenancy Act, 1885 (8 of 1885) so far so it affected those portions of the Lower Provinces to which that Act extends; and in the Chota Nagpur Division (except Manbhum and the Tributary Mahals) by the Chota Nagpur Landlord and Tenant Procedure Act, 1879 (Ben. 1 of 1879) [rep. by the Chota Nagpur Tenancy Act, 1908 (Ben. of 1908)].
4. Bengal Act 8 of 1869 rep. by the Bengal Tenancy Act, 1885 (8 of 1885).
5. Article 15 omitted by Act 5 of 1908, sec. 156 and 8ch. V.
6. Article 16 omitted by Act 6 of 1889, sec. 18 (1).
THE COURT-FEES ACT,1870 39 Number Proper fee
17. Plaint or memorandum of appeal in each of the following suits:-
(i) to alter or set aside a summary decision or order of any of the Civil Courts not established by Letters Patent or of any Revenue Court;
(ii) to alter or cancel any entry in a register of the names of proprietors of revenue paying estates;
(Hi) to obtain a declaratory decree where no consequential relief is prayed;
(iv) to set aside an award; (v) to set aside an adoption;
(vi) every other suit where it is not possible to estimate at a money-value the subject matter in dispute, and which is not otherwise provided for by this Act.
18. Application under section 326 of the Code of Civil Procedure.
1 2 [19. Agreement in writing stating a question for the opinion of the Court under the Code of Civil Procedure, 1908.]
20. Every petition under the Indian Divorce Act, 1869, except petitions under section 44 of the same Act, and every memorandum of appeal under section 55 of the same Act.
21. Plaint or memorandum of appeal under the 3 Parsi Marriage and Divorce Act,
1865.
Ten rupees.
Ten rupees.
Twenty rupees.
1. See now the Arbitration Act. 1940 (10 of 1940).
2. Subs. by Act 5 of 1908, sec. 155 and Sch. IV, for entry 19.
3. See now the Parsi Marriage and Divorce Act, 1936 (3 of 1936).
THE COURT-FEES ACT,1870 40 ‘[SCHEDULE III (See section 19-1) FORM OF VALUATION (TO BE USED WITH SUCH MODIFICATIONS, IF ANY, AS MAY BE NECESSARY) In the Court of ................... .
Re: Probate of the Will of ............................ (or administration of the property and credits of ............. ...................................,) deceased.
I, ........................................ , solemnly affirm/make oath and say that I am the executor (or one of the executors or one of the next-of-kin) of .................. , deceased, and that I have truly set forth in Annexure A to this affidavit all the property and credits of which the above named deceased died possessed or was entitled to at the time of this death, and which have come, or are likely to come, to my hands.
2. I further say that I have also truly set forth in Annexure B all the items I am by law allowed to deduct.
3. I further say that the said assets, exclusive only of such last-mentioned items, but inclusive of all rents, interest, dividends and increased values since the date of the death of the said deceased, are under the value of. ..................... · .......... · .. · ANNEXURE A VALUATION OF THE MOVEABLE AND IMMOVABLE,PROPERTY OF ................ , DECEASED Rs. A. P.
Cash in the house and at the banks, household goods, wearing apparel, books, plate, jewels, etc.
(State estimated value according to best of Executor's or Administrator's belief) Property in Government securities transferable at the Public Debt Officer.
(State description and value at the price of the day; also the interest separately, calculating it to the time of ,naking the application.)
Immovable property, consisting of . . . . . .
(State description, giving, in the case of house, the assessed value, if any, and the number of years' assessment the market value is estimated at, and in the case of land, the area, the market-value and all rents that have accrued.)
Leasehold property . . . . .
(If the deceased held any leases for year determinable, state the number of years , purchase the profit rents are estimated to be worth and the value of such, inserting separately arrears due to the date of death and all rents received or due since that date to the time of making the application.)
1. Schedule III rep. by Act 14 of 1870, sec. I and Sch. and again ins. by Act 11 of 1889, THE COURT-FEES ACT,1870 41 sec. 3.
Rs. A. P.
Property in public companies (State the particulars and the value calculated at the price of the day; also the interest separately, calculating it to the time making the application. ) Policy of insurance upon life, money out on mortgage and other securities, such bonds, mortgage, bills, notes and other securities for money (State the amount of the whole; also the interest separately, calculating it to the time of making the application.)
Book debts . . . . . .
(Other than bad) Stock in trade . . . . . .
(State the estimated value, if any) Other property not comprised under the foregoing heads . . . . . .
(State the estimated value, if any) Total Deduct amount shown in Annexure B not subject to duty Net Total ANNEXURE B
SCHEDULE OF DEBTS, ETC.
Rs. A. P.
Amount of debts due and owing from the deceased, payable by law out of the estate . . . .
Amount of funeral expenses . . .
Amount of mortgage incumberances . .
Property held in trust not beneficially or with general power to confer a beneficial interest . . . .
Other property not subject to duty . .
Total THE COURT-FEES ACT,1870 42 THE COURT-FEES ACT,1870 43 THE COURT-FEES ACT,1870 44 THE COURT-FEES ACT,1870 45