Schedule II – The Court Fees’ Act, 1870

The Court Fees’ Act, 1870

 

SCHEDULE II

 

FIXED FEES

 

Number

Proper fee

1. Application or petition

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  1A. [(Note: Ins. by Act 14 of 1911, s.2) Application to any Civil Court that records may be called for from another Court.

 

 

2. Application for leave to sue as a pauper.

3. Application for leave to appeal as a pauper.

 

 4. Plaint or memorandum of appeal in a suit to obtain possession under (Note: The Bombay Courts of Adalat Act, 1838.) Act No.16 of 1838, or [(Note: Subs. by Act 12 of 1891, s.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 cause of law) the (Note: See now the Mamlatdars Courts Act 1906 (Bom. Act 2 of 1906) Mamlatdars Courts Act, 1876].

5. Plaint or memorandum of appeal in a suit to establish or disprove a right of occupancy.

6. [(Note: Subs. by Act 17 of 1914, s.2 and Sch.I, for certain words.) Bail-bond orother 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.

(Note: Articles 8 and 9 omitted by Act 12 of 1891, s.2 and Sch.I)

10. Mukhatarnama or Wakalatnama.

 

 

 

 

 

 

 

  11. Memorandum of appeal when the appeal is not (Note: The words “from an order rejecting a plaint or” omitted by Act 5 of 1908, s.155 and Sch. IV) from a decree or an order having the force of a decree, and is presented-

 

 

 

12. Caveat.

13. Application under (Note: 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). Act No.10 of 1859, section 26, or (Note: 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 5and Tenant Procedure Act, (Ben. 1 of 1879) [rep. by the Chota Nagpur Tenancy Act, 1908 (Ben. Of 1908)]. Bengal Act No.6 of 1862, section 9, or (Note: Bengal Act 8 of 1869 rep. by the Bengal Tenancy Act, 1885 (8 of 1885) Bengal Act No.8 of 1869, ssection 37.

14. Petition in a suit under the Native Converts Marriage Dissolution Act, 1866.

(Note: Article 15 omitted by Act 5 of 1908, s.156 and Sch.V)

(Note: Article 16 omitted by Act 6 of 1889, s.18 (1)).

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;

(iii) 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 (Note: See now the Arbitration Act, 1940 (10 of 140)).

19. [(Note: Subs. by Act 5 of 1908, s.155 and Sch. IV, for the original entry) 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 (Note: Se now the Parsi Marriage and Divorce Act, 1936 (3 of 1936) Parsi Marriage and Divorce Act, 1865.

(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 such application 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 (Note: The word “or any Cantonment Magistrate sitting as a court of Civil Judicature under Act No.3 of 1859” rep. by Act 13 of 1889, s.2 and Sch.)

or to any Court of Small Causes constituted under (Note: See now the Provincial Small Cause Courts Act,1887 (9 of 1887) Act No.11 of 1865 or under (Note: See now the Bengal, Agra and Assam Civil Courts Act, 1887 (12 of 1887), s.25)) 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 of obtaining a copy or translation of any judgment, decree or order passed by such Court, Board of 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 (Note: See now the Code of Criminal Procedure, 1973 (2 of 1974)) 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.

 

 

**

(a) When present to a District Court.

(b) When presented to a Commissioner or a High Court

 

 

 

 

 

 

 

 

 

 

 

 

 

   (Note: Articles 8 and 9 omitted by Act 12 of 1891, s.2 and Sch.I)

When presented for the conduct of any one 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;

(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;

 

  1. To a High Court or Chief commissioner, or other Chief Controlling Executive or Revenue Authority.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 (Note: Article 15 omitted by Act 5 of 1908, s.156 and Sch.V)

 (Note: Article 16 omitted by Act 6 of 1889, s.18 (1)).

 

 

 

 

 

 

 

One annas.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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]

 

Eight annas.

One rupee.

Two rupees.

Eight annas.

 

 

 

 

 

 

 

 Eight annas.

 

 

 

 

 (Note: Articles 8 and 9 omitted by Act 12 of 1891, s.2 and Sch.I)

 

Eight annas.

 

 

One rupee.

 

Two rupees.

 

 

Eight annas.

 

 

Two rupees.

 

 

 

 Five rupees.

 

 

 

 

 

 

 

 

 

 

 

  

(Note: Article 15 omitted by Act 5 of 1908, s.156 and Sch.V)

(Note: Article 16 omitted by Act 6 of 1889, s.18 (1)).

 

 

 

 

 

 

 Ten rupees.

 

 

 

 

 

Ten rupees.

 

 

 

Twenty rupees.

 

 

 

 

 

 

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