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Act7
Enacted 1870

The Court-Fees Act, 1870

In force 48 sections Law and Justice

Act 7 of 1870 Enacted 11 Mar 1870 In force 11 Apr 1870 Department Department of Justice

Administered by. Ministry of Law and Justice, Department of Justice · Other Acts of 1870

Preamble

THE COURT-FEES ACT, 1870

ACT NO. 7 OF 18701

[11th March, 1870.]

What this Act covers

Summary of the Court-fees Act, 1870:

Key Aspects

1. Title and Enactment

• Title: The Court-fees Act, 1870

• Act No.: 7 of 1870

• Enactment Date: 11th March, 1870

• Commencement: 1st April, 1870

2. Extent and Amendments

• Original Extent: Whole of India (with specified exceptions, notably Part B States before 1st November, 1956)

• Amendments and Extensions: Numerous, across various states and territories (e.g., Bihar, Assam, Bombay, etc.), with the latest mentioned amendment being in 1995 (Bihar Amendment).

3. Provisions (Highlighted from Context)

• Fees Structure:

• Ad Valorem Fees for various court proceedings based on the amount or value of the subject matter in dispute.

• Specific Fees for different types of petitions, appeals, and proceedings.

• Maximum Fee Caps for certain proceedings (e.g., three thousand rupees for plaints or memoranda of appeal in some contexts).

• Exemptions and Variations:

• Power to Vary Fees (Section 75).

• Repayment of Half-Fees under certain conditions (Section 73).

• Fees for Poor Persons (Section 74).

• Application and Procedure:

• Court Fees in High Courts might not follow the schedules for certain High Courts (e.g., Punjab and Haryana High Court, as per Haryana Act 22 of 1974).

• Integration with Other Acts: References to the Indian Limitation Act, 1908, and the Code of Civil Procedure, 1908, for procedural and limitation aspects.

Sections

Type to filter. 48 sections.

  1. 1Title
  2. 1ADefinition of “appropriate Government”
  3. 2[Repealed.]
  4. 3Levy of fees in High Courts on their original sides
  5. 4Fees on documents filed, etc., in High Courts in their extraordinary jurisdiction. In their appellate jurisdiction. As courts of reference and revision
  6. 5Procedure in case of difference as to necessity or amount of fee
  7. 6Fees on documents filed, etc., in Mofussil Courts or in public offices
  8. 7Computation of fees payable in certain suits
  9. 8Fee on memorandum of appeal against order relating to compensation
  10. 9Power to ascertain net profits or market-value
  11. 10Procedure where net profits or market-value wrongly estimated
  12. 11Procedure in suits for mesne profits or account when amount decreed exceeds amount claimed
  13. 12Decision of questions as to valuation
  14. 13Refund of fee paid on memorandum of appeal
  15. 14Refund of fee on application for review of judgment
  16. 15Refund where Court reverses or modifies its former decision on ground of mistake
  17. 16Refund of fee
  18. 17Multifarious suits
  19. 18Written examinations of complainants
  20. 19Exemption of certain documents
  21. 19ARelief where too high a court-fee has been paid
  22. 19BRelief where debts due from a deceased person have been paid out of his estate
  23. 19CRelief in case of several grants
  24. 19DProbates declared valid as to trust-property though not covered by court-fee
  25. 19EProvision for case where too low a court-fee has been paid on probates, etc
  26. 19FAdministrator to give proper security before letters stamped under section
  27. 19GExecutors, etc., not paying full court-fee on probates, etc., within six months after discovery of underpayment
  28. 19HNotice of applications for probate or letters of administration to be given to Revenueauthorities, and procedure thereon
  29. 19-IPayment of court-fees in respect of probates and letters of administration
  30. 19JRecovery of penalties, etc
  31. 19KSections 6 and 28 not to apply to probates or letters of administration
  32. 20Rules as to cost of processes
  33. 21Tables of process-fees
  34. 22Number of peons in District and subordinate Courts
  35. 23Number of peons in Revenue Courts
  36. 24[Repealed.]
  37. 25Collection of fees by stamps
  38. 26Stamps to be impressed or adhesive
  39. 27Rules for supply, number, renewal and keeping accounts of stamps
  40. 28Stamping documents inadvertently received
  41. 29Amended document
  42. 30Cancellation of stamp
  43. 31[Repealed.]
  44. 32[Repealed.]
  45. 33Admission in criminal cases of documents for which proper fee has not been paid
  46. 34Sale of stamps
  47. 35Power to reduce or remit fees
  48. 36Saving of fees to certain officers of High Courts

Schedules

This Act has 3 schedules. A schedule is published as a document of its own; the text is reproduced on its page where it has been read, and the document is mirrored here either way.

Rules made under this Act

7 sets of Rules. India Code publishes Rules as a record and a document rather than as text, so these are indexed here and not reproduced. All Rules.

  • THE BIHAR E-COURT FEES (IMPLEMENTATION BY AGENCY) RULES, 20182018
  • Patna High Court Fee Act2016
  • THE BIHAR COURT FEE (SALE OF STAMPS BY FRANKING MACHINE) RULES, 20082008
  • Rules under the Tamil Nadu Court-fees Act, 1955.1990
  • The Court-fees (Andaman and Nicobar Islands Amendment) Regulation, 1957.1957
  • ANNEXURE-A1870
  • ANNEXURE-B1870

Related Acts

Ordinances

India Code records no parent Act for an ordinance, so these are tied to this Act by their own titles and their dates rather than by anything the source states. An ordinance is made when Parliament is not sitting and lapses six weeks into the next session unless it is enacted.

  • Court-fees (Delhi Amendment) Ordinance, 1967amended this Act · 1967

All Ordinances

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Every one of the 48 sections of this Act has its own page. This page is not a substitute for legal advice.