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Section 4 – The Court Fees’ Act, 1870

The Court Fees’ Act, 1870

 

4. Fees on documents filed, etc., in High Courts in their extraordinary jurisdiction; –

 

No document of any of the kinds specified in the First or Second Schedule to this Act annexed, as chargeable with fees, shall be filed, exhibited or recorded in, or shall be received or furnished by, any of the said High Courts in any case coming before such Courts in the exercise of its extraordinary original civil jurisdiction ; or in the exercise of its extraordinary original criminal jurisdiction ;

 

In their appellate jurisdiction ; – or in the exercise of its jurisdiction as regards appeals from the [(Note: Subs. by Act 19 of 1922, s.2, for “Judgment of two”) judgement (other than judgements passed in the exercise of the ordinary original civil jurisdiction of the Court) of one] or more Judges of the said Court, or of a division Court ;

 

Or in the exercise of its jurisdiction as regards appeals from the Courts subject to its superintendence ;

 

As Courts of reference and revision. – or in the exercise of its jurisdiction as a Court of reference or revision’

 

Unless in respect of such document there be paid a fee of an amount not less than that indicated by either of the said Schedules as the proper fee for such document.

 

COMMENTS

 

It has been held that a final decree for future mesne profits passed under Order XX Rule 12(2) CPC is like an award and does not amount to a decree under section 2(2) of The Code of Civil Procedure 1908 and is not a decree as stipulated under Schedule II of the Act. Diwan Brothers vs Central Bank of India – 1976 (2) ALR (SC) Summary.

 

 

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The Court Fees’ Act, 1870

 

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