Updated: Wednesday August 30, 2017/AlArbia'a
Thoul Hijjah 08, 1438/Budhavara
Bhadra 08, 1939, at 05:52:55 AM
[1]The Court
Fees Act, 1870 (
(Act VII of
1870)
[11 March
1870]
CHAPTER I
PRELIMINARY
1. Short
title – Extent of Act – Commencement of Act.– This Act may be called
the Court-fees Act, 1870.
It
extends to [2][the whole of
And
it shall come into force on the first day of April, 1870.
[3][1-A. Definition
of “Appropriate Government”.– In this Act “the Appropriate
Government” means, in relation to fees or stamps relating to documents
presented or to be presented before any officer serving under the [4][Federal
Government], that Government, and in relation to any other fees or stamps, the
Provincial Government].
2. [“Chief Controlling Revenue-authority” defined] Repealed
by A.O., 1937.
CHAPTER II
FEES IN THE
HIGH COURTS [5][* * *]
3. Levy
of fees in High Courts on their original sides.– The
fees payable for the time being to the clerks and officers (other than the
sheriffs and attorneys) of the [6][High Courts];
or
chargeable in each of such Courts under No. 11 of the first, and Nos. 7, 12,
14, [7][* * *], 20 and 21 of the second schedule
to this Act annexed;
[8][* * * * * * * * * * * *]
shall be
collected in manner hereinafter appearing.
4. Fees on documents filed, etc., in High Courts in
their extraordinary jurisdiction – in their appellate jurisdiction – as Courts
of reference and revision.–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 [9][* * *] High Courts in any case coming before such Court in the exercise
of its extraordinary original civil jurisdiction;
or
in the exercise of its extraordinary original criminal jurisdiction;
or in the
exercise of its jurisdiction as regards appeals from the [10][judgments
(other than judgments passed in the exercise of the ordinary original Civil
Jurisdiction of the Court) of [11][two]] 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;
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 on an amount not less than that
indicated by either of the said schedules as the proper fee for such document.
5. Procedure in case of difference as to necessity or
amount of fee.– When any difference arises between the
officer whose duty it is to see that any fee is paid under this Chapter and any
suitor or attorney, as to the necessity of paying a fee or the amount thereof,
the question shall, when the difference arises in any of the [12][* * *] High Courts, be
referred to the taxing-officer, whose decision thereon shall be final, except
when the question is, in his opinion, one of general importance, in which case
he shall refer it to the final decision of the Chief Justice of such High
Court, or of such Judge of the High Court as the Chief Justice shall appoint
either generally or specially in this behalf.
[13][* * * * * * * * * * * *]
The
Chief Justice shall declare who shall be taxing-officer within the meaning of
the first paragraph of this section.
CHAPTER III
FEES IN
OTHER COURTS AND IN PUBLIC OFFICES
6. Fees
on documents filed, etc., in Mufassal Courts or in public offices.– Except
in the Courts herein before mentioned, no document of any of the kinds
specified as chargeable in the first or second schedule to this Act annexed
shall be filed, exhibited or recorded in any Court of Justice, or shall be
received or furnished by any public officer, 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.
7. Computation
of fees payable in certain suits.– The amount of fee payable
under this Act in the suits next hereinafter mentioned shall be computed as
follows:-
(i) For
money.– In suits for money (including suits for damages or
compensation, or arrears of maintenance of annuities, or of other sums payable
periodically)– according to the amount claimed;
(ii) For
maintenance and annuities.– In suits for maintenance and annuities or
other sums payable periodically–according to the value of the subject-matter of
the suit, and such value shall be deemed to be ten times the amount claimed to
be payable for one year;
(iii) For
movable property having a market-value.– In suits for movable property
other than money, where the subject-matter has a market-value– according to
such value at the date of presenting the plaint;
(iv) In
suits –
(a) For
movable property of no market-value.– for movable property where the
subject-matter has no market-value, as, for instance, in the case of documents
relating to title,
(b) To
enforce a right to share in joint family property.– to enforce the
right to share in any property on the ground that it is joint family property,
(c) For
a declaratory decree and consequential relief.– to obtain a declaratory
decree or order, where consequential relief is prayed,
(d) For
an injunction.– to obtain an injunction,
(e) For
easements.– for a right to some benefit (not herein otherwise provided
for) to arise out of land, and
(f) For
accounts.– for accounts–
according
to the amount at which the relief sought is valued in the plaint or memorandum
of appeal:
In
all such suits the plaintiff shall state the amount at which he values the
relief sought [14][:]
[15][Provided
that nothing in this clause shall apply to suits mentioned in clause iv-A],
[16][(iv-A) For
a declaratory decree regarding immovable property on the basis of alleged sale,
etc.– In suits for a declaratory decree with or without consequential
relief as to right in or title to immovable property based on alleged sale,
gift, exchange or mortgage– according to the value of the property],
[17][(v) For
possession of lands, houses and gardens.– In suits for the possession
of land, houses and gardens–
according
to the value of the subject-matter; and such value shall be deemed to be–
(a) where
the subject-matter is land and where net profits have arisen from such land
during the year next before the date of presenting the plaint–
fifteen
times such net profits;
(b) where
the subject-matter is land and where no such profits have arisen therefrom–
market
value of such land;
(c) Where
the subject-matter is a house or garden- according to the market value of the
house or garden].
[18][(vi) To
enforce a right of pre-emption–
In
suits to enforce a right of pre-emption–
(a) Where
the subject-matter is land, according to the value of the land in respect of
which the right is claimed calculated by multiplying the produce index units of
such land with the money value of a produce index as notified by the
Government; and
(b) Where
the subject-matter is a house or a garden, according to the value computed in
accordance with clause (v) of this section.
Explanation.– “Produce
index unit” means the measure notified by the Government in terms of which the
productivity of an acre of land of a particular kind in a particular assessment
circle or area is computed;].
(vii) For
interest of assignee of land revenue.– In suits for the interest of an
assignee of land revenue– fifteen times his net profit as such for the year
next before the date of presenting the plaint:
(viii) To
set aside an attachment.– In suits to set aside an attachment of land
or of an interest in land or revenue– according to the amount for which the
land or interest was attached:
Provided
that where such amount exceeds the value of the land or interest, the amount of
fee shall be computed as if the suit were for the possession of such land or
interest.
(ix) To
redeem.– In suits against a mortgagee for the recovery of the property
mortgaged,
To
foreclose.– and in suits by a mortgagee to foreclose the mortgage,
or,
where the mortgage is made by conditional sale, to have the sale declared
absolute–
according
to the principal money expressed to be secured by the instrument of mortgage.
(x) For
specific performance.– In suits for specific performance–
(a) of
a contract of sale– according to the amount of the consideration;
(b) of
contract of mortgage– according to the amount agreed to be secured;
(c) of
a contract of lease– according to the aggregate amount of the fine or premium
(if any) and of the rent agreed to be paid during the first year of the term;
(d) of
an award– according to the amount or value of the property in dispute;
(xi) Between
landlord and tenant.– In the following suits between landlord and
tenant:-
(a) for
the delivery by a tenant of the counterpart of a lease,
(b) to
enhance the rent of a tenant having a right of occupancy,
(c) for
the delivery by a landlord of a lease,
[19][(cc) for
the recovery of immovable property from a tenant, including a tenant holding
over after the determination of a tenancy,]
(d) to
contest a notice of ejectment,
(e) to
recover the occupancy of [20][immovable
property] from which a tenant has been illegally ejected by the landlord, and
(f) for
abatement of rent–
according to the
amount of the rent of the [21][immovable
property] to which the suit refers payable for the year next before the date of
presenting the plaint.
[22][(xii) In
suits not expressly provided for in this section, according to the value
claimed, but such value shall not be less than a value which would attract a
Court-fee of less than fifteen rupees].
8. Fee on memorandum of appeal against order relating
to compensation.– The amount of fee payable under this
Act on a memorandum of appeal against an order relating to compensation under
any Act for the time being in force for the [23]acquisition of land for public purposes shall be computed according to
the difference between the amount awarded and the amount claimed by the
appellant.
9. Power to ascertain net profits or market-value.– If the Court sees reason to think that the annual net profits or
the market-value of any such land, house or garden as is mentioned in section
7, paragraphs (v) and (vi), have or has been wrongly estimated, the Court may,
for the purpose of computing the fee payable in any suit therein mentioned,
issue a commission to any proper person directing him to make such local or
other investigation as may be necessary, and to report thereon to the Court.
10. Procedure
where net profits or market-value wrongly estimated.–
(i) If
in the result of any such investigation the Court finds that the net profits or
market-value have or has been wrongly estimated, the Court, if the estimation
has been excessive, may in its discretion refund the excess paid as such fee:
but, if the estimation has been insufficient, the Court shall require the
plaintiff to pay so much additional fee as would have been payable had the said
market-value or net profits been rightly estimated.
(ii) In
such case the suit shall be stayed until the additional fee is paid. If the
additional fee is not paid within such time as the Court shall fix, the suit
shall be dismissed.
[24][* * * * * * * * * * * *]
11. Procedure in suits for mesne profits or account
when amount decreed exceeds amount claimed.– [25][(1)] In suits for mesne
profits or for immovable property and mesne profits, or for an account, if the
profits or amount decreed are or is in excess of the profits claimed or the
amount at which the plaintiff valued the relief sought, the decree shall not be
executed until the difference between the fee actually paid and the fee which
would have been payable had the suit comprised the whole of the profits or
amount so decreed shall have been paid to the proper officer.
Where
the amount of mesne profits is left to be ascertained in the course of the
execution of the decree, if the profits so ascertained exceed the profits
claimed, the further execution of the decree shall be stayed until the
difference between the fee actually paid and the fee which would have been
payable had the suit comprised the whole of the profits so ascertained is paid.
If the additional fee is not paid within such time as the Court shall fix, the
suit shall be dismissed.
[26][(2) Refund
where amount decreed is less than amount claimed.– Where in any such
suit as is referred to in sub-section (1) the Court-fee paid is found to be in
excess of the amount of fee which would be payable if the suit had been valued
at the amount decreed, the decree-holder shall be entitled to the refund of the
excess of Court-fee paid by him].
12. Decision
of question as to valuation.– (i) Every question relating to
valuation for the purpose of determining the amount of any fee chargeable under
this chapter on a plaint or memorandum of appeal shall be decided by the Court
in which such plaint or memorandum, as the case may be, is filed, and such
decision shall be final as between the parties to the suit.
(ii) But
whenever any such suit comes before a Court of appeal, reference or revision,
if such Court considers that the said question has been wrongly decided to the
detriment of the revenue, it shall require the party by whom such fee has been
paid to pay so much additional fee as would have been payable had the question
been rightly decided, and the provisions of section 10, paragraph (ii), shall
apply.
13. Refund
of fee paid on memorandum of appeal.– If an appeal or plaint, which
has been rejected by the lower Court on any of the grounds mentioned in the[27]Code
of Civil Procedure, is ordered to be received, or if a suit is remanded in
appeal, on any of the grounds mentioned in [28]section 351
of the same Code for a second decision by the lower Court, the Appellate Court
shall grant to the appellant a certificate, authorizing him to receive back
from the Collector the full amount of fee paid on the memorandum of appeal:
Provided
that if, in the case of a remand in appeal, the order of remand shall not cover
the whole of the subject-matter of the suit, the certificate so granted shall
not authorize the appellant to receive back more than so much fee as would have
been originally payable on the part or parts of such subject-matter in respect
whereof the suit has been remanded.
14. Refund
of fee on application for review of judgment.– Where
an [29]application
for a review of judgement is presented on or after the ninetieth day from the
date of the decree, the Court, unless the delay was caused by the applicant’s
laches, may, in its discretion, grant him a certificate authorizing him to
receive back from the Collector so much of the fee paid on the application as
exceeds the fee which would have been payable had it been presented before such
day.
15. Refund
where Court reverses or modifies its former decision on ground of mistake.– Where
an application for a review of judgement is admitted, and where, on the
rehearing, the Court reverses or modifies its former decision on the ground of
mistake in law or fact, the applicant shall be entitled to a certificate from
the Court authorizing him to receive back from the Collector so much of the fee
paid on the [30][application]
as exceeds the fee payable on any other application to such Court under the
second schedule to this Act, No. 1, clause (b) or clause (d).
But
nothing in the former part of this section, shall entitle the applicant to such
certificate where the reversal or modification is due, wholly or in part, to
fresh evidence which might have been produced at the original hearing.
16. [Additional
fee where respondent takes objection to unappealed part of decree]. Rep. by the
Code of Civil procedure, 1908 (V of 1908).
17. Multifarious
suits.– Where a suit embraces two or more distinct subjects, the
plaint or memorandum of appeal shall be chargeable with the aggregate amount of
the fees to which the plaints or memoranda of appeal in suits embracing
separately each of such subjects would be liable under this Act.
Nothing
in the former part of this section shall be deemed to affect the power
conferred by the [31]Code of Civil
Procedure, section 9.
18. Written
examinations of complainants.– When the first or only
examination of a person who complains of the offence of wrongful confinement,
or of wrongful restraint, or of any offence other than an offence for which
police-officers may arrest without a warrant, and who has not already presented
a petition on which a fee has been levied under this Act, is reduced to writing
under the provisions of the [32]Code of
Criminal Procedure, the complainant shall pay a fee of [33][one rupee]
unless the Court thinks fit to remit such payment.
19. Exemption
of certain documents.– Nothing contained in this Act shall render
the following documents chargeable with any fee:-
(i) Power-of-attorney
to institute or defend a suit when executed by an officer, warrant-officer,
non-commissioned officer or private of [34][the Pakistan Army] not in civil employment.
(ii) [Rep.
by the Amending Act, 1891 (XII of 1891)].
(iii) Written
statements called for by the Court after the first hearing of a suit.
(iv) [Rep.
by the Cantonments Act, 1889 (XIII of 1889)].
(v) [Rep.
by A.O., 1949, Sch].
(vi) [Rep.
ibid.].
(vii) [Rep.
ibid.].
(viii) Probate of a will, letters of
administration, [35][and, save as regards debts and securities, a
certificate under Bombay Regulation VIII of 1827], where the amount or value of
property in respect of which the probate or letters or certificate shall be
granted does not exceed one thousand rupees.
(ix) Application
or petition to a Collector or other officer making a settlement of
land-revenue, or to a Board of Revenue, or a Commissioner of Revenue, relating
to matters connected with the assessment of land or the ascertainment of rights
thereto or interests therein, if presented previous to the final confirmation of
such settlement.
(x) Application
relating to a supply for irrigation of water belonging to Government.
(xi) Application
for leave to extend cultivation, or to relinquish land, when presented to an
officer of land-revenue by a person holding, under direct engagement with
Government, land of which the revenue is settled, but not permanently.
(xii) Application
for service of notice of relinquishment of land or of enhancement of rent.
(xiii) Written
authority to an agent to distrain.
(xiv) First
application (other than a petition containing criminal charge or information)
for the summons of a witness or other person to attend either to give evidence
or to produce a document or in respect of the production or filing of an
exhibit not being an affidavit made for the immediate purpose of being produced
in Court.
(xv) Bail-bonds
in criminal cases, recognizances to prosecute or give evidence, and
recognizances for personal appearance or otherwise.
(xvi) [Omitted
by A.O., 1949, Sch].
(xvii) Petition
by a prisoner, or other person in duress or under restraint of any Court or its
officers.
(xviii) Complaint
of a public servant (as defined in the Pakistan Penal Code)[36], a municipal
officer, or an officer or servant of a Railway Company.
(xix) Application
for permission to cut timber in Government forests, or, otherwise relating to
such forests.
(xx) Application
for the payment of money due by government to the applicant.
(xxi) Petition
of appeal against the chaukidari assessment under [37]Act No. XX of
1856, or against any municipal tax.
(xxii) Application
for compensation under any law for the time being in force relating to
the [38]acquisition
of property for public purposes.
(xxiii) [Omitted
by A.O., 1949, Schedule].
(xxiv) [39][Petition
under the Christian Marriage Act, 1872, (XV of 1872), sections 45 and 46].
[40][CHAPTER
III-A]
PROBATES,
LETTERS OF ADMINISTRATION AND CERTIFICATES OF ADMINISTRATION
19-A. Relief where too high a court-fee has been paid.– Where any person on applying for the probate of a will or letters
of administration has estimated the property of the deceased to be of greater
value than the same has afterwards proved to be, and has consequently paid too
high a court-fee thereon, if, within six months after the true value of the
property has been ascertained, such person produces the probate or letters to
the Chief Controlling Revenue-Authority [41][for the local area] in which the probate or letters has or have been
granted,
and
delivers to such Authority a particular inventory and valuation of the property
of the deceased, verified by affidavit or affirmation,
and
if such Authority is satisfied that a greater fee was paid on the probate or
letters than the law required,
the
said Authority may –
(a) cancel
the stamp on the probate or letters if such stamp has not been already
cancelled;
(b) substitute
another stamp for denoting the court-fee which should have been paid thereon;
and
(c) make an allowance for
the difference between them as in the case of spoiled stamps, or repay the same
in money, at his discretion.
19-B. Relief where debts due from a deceased person have been
paid out of his estate.– Whenever it is proved
to the satisfaction of such Authority that an executor or administrator has
paid debts due from the deceased to such an amount as, being deducted out of
the amount or value of the estate, reduces the same to a sum which, if it has
been the whole gross amount or value of the estate, would have occasioned a
less court-fee to be paid on the probate or letters of administration granted
in respect of such estate than has been actually paid thereon under this Act,
such
Authority may return difference, provided the same be claimed within three years
after the date of such probate or letters.
But
when, by reason of any legal proceeding, the debts due from the deceased have
been ascertained and paid, or his effects have not been recovered and made
available, and in consequence thereof the executor or administrator is
prevented from claiming the return of such difference within the said term of
three years, the said Authority may allow such further time for making the
claim as may appear to be reasonable under the circumstances.
19-C. Relief in case of several grants.– Whenever [42][* * *] a grant of probate or letters of administration has been or is
made in respect of the whole of the property belonging to an estate, and the
full fee chargeable under this Act has been or is paid thereon, no fee shall be
chargeable under the same Act when a like grant is made in respect of the whole
or any part of the same property belonging to the same estate.
Whenever
such a grant has been or is made in respect of any property forming part of an
estate, the amount of fees then actually paid under this Act shall be deducted
when a like grant is made in respect of property belonging to the same estate,
identical with or including the property to which the former grant relates.
19-D. Probates
declared valid as to trust-property though not covered by court-fee.– The
probate of the will or the letters of administration of the effects of any
person deceased heretofore or hereafter granted shall be deemed valid and
available by his executors or administrators for recovering, transferring or
assigning any movable or immovable property whereof or whereto the deceased was
possessed or entitled, either wholly or partially as a trustee, notwithstanding
the amount or value of such property is not included in the amount or value of
the estate in respect of which a court-fee was paid on such probate or letters
of administration.
19-E. Provision for case where too low a Court-fee has
been paid on probates, etc.– Where any
person on applying for probate or letters of administration has estimated the
estate of the deceased to be of less value than the same has afterwards proved
to be, and has in consequence paid too low a court-fee thereon, the Chief
Controlling Revenue-Authority [43][for the local area] in which the probate or letters has or have been
granted may, on the value of the estate of the deceased being verified by affidavit
or affirmation, cause the probate or letters of administration to be duly
stamped on payment of the full court-fee which ought to have been originally
paid thereon in respect of such value and of the further penalty, if the
probate or letters is or are produced within one year from the date of grant,
of five times, or, if it or they, is or are produced after one year from such
date, of twenty times, such proper court-fee, without any deduction of the
court-fee originally paid on such probate or letters:
Provided
that, if the application be made within six months after the ascertainment of
the true value of the estate and the discovery that too low a court-fee was at
first paid on the probate or letters, and if the said Authority is satisfied
that such fee was paid in consequence of a mistake or of its not being known at
the time that some particular part of the estate belonged to the deceased, and
without any intention of fraud or to delay the payment of the proper court-fee,
the said Authority may remit the said penalty and cause the probate or letters
to be duly stamped on payment only of the sum wanting to make up the fee which
should have been at first paid thereon.
19-F. Administrator
to give proper security before letters stamped under section 19E.– In
case of letters of administration on which too low a court-fee has been paid at
first the said Authority shall not cause the same to be duly stamped in manner
aforesaid until the administrator has given such security to the Court by which
the letters of administration have been granted as ought by law to have been
given on the granting thereof in case the full value of the estate of the
deceased had been then ascertained.
[44]19-G. Executors,
etc., not paying full court-fee on probates, etc., within six months after
discovery of under-payment.– Where too
low a court-fee has been paid on any probate or letters of administration in
consequence of any mistake, or of its not being known at the time that some
particular part of the estate belonged to the deceased, if any executor or
administrator acting under such probate or letters does not, within six
months [45][* * *] after the discovery of the mistake or of any effects not known
at the time to have belonged to the deceased, apply to the said Authority and
pay what is wanting to make up the court-fee which ought to have been paid at
first on such probate or letters, he shall forfeit the sum of one thousand
rupees and also a further sum at the rate of ten rupees per cent on the amount
of the sum wanting to make up the proper court-fee.
[46][19-H. Notice
of applications for probate or letters of administration to be given to
Revenue-authorities, and procedure thereon.– (1) Where an
application for probate or letters of administration is made to any Court other
than a High Court, the Court shall cause notice of the application to be given
to the Collector.
(2) Where
such an application as aforesaid is made to a High Court, the High Court shall
cause notice of the application to be given to the Chief Controlling
Revenue-authority [47][for the
local area in which the High Court is situated].
(3) The Collector within
the local limits of whose revenue-jurisdiction the property of the deceased or
any part thereof is, may at any time inspect or cause to be inspected, and take
or cause to be taken copies of, the record of any case in which application for
probate or letters of administration has been made; and if, on such inspection
or otherwise, he is of opinion that the petitioner has under-estimated the
value of the property of the deceased, the Collector may, if he thinks fit,
require the attendance of the petitioner (either in person or by agent) and
take evidence and inquire into the matter in such manner as he may think fit,
and, if he is still of opinion that the value of the property has been
under-estimated, may require the petitioner to amend the valuation.
(4) If
the petitioner does not amend the valuation to the satisfaction of the
Collector, the Collector may move the Court before which the application for
probate or letters of administration was made, to hold an inquiry into the true
value of the property:
Provided
that no such motion shall be made after the expiration of six months from the
date of the exhibition of the inventory required by section 277 of the[48]Indian
Succession Act, 1865[49], or, as the
case may be, by section 98 of [50]the Probate
and Administration Act, 1881.[51]
(5) The
Court, when so moved as aforesaid shall hold, or cause to be held, an inquiry
accordingly, and shall record a finding as to the true value, as near as may
be, at which the property of the deceased should have been estimated. The
Collector shall be deemed to be a party to the inquiry.
(6) For
the purposes of any such inquiry, the Court or person authorized by the Court
to hold the inquiry may examine the petitioner for probate or letters of
administration on oath (whether in person or by commission), and may take such
further evidence as may be produced to prove the true value of the property.
The person authorized as aforesaid to hold the inquiry shall return to the
Court the evidence taken by him and report the result of the inquiry, and such
report and the evidence so taken shall be evidence in the proceeding, and the
Court may record a finding in accordance with the report, unless it is
satisfied that it is erroneous.
(7) The
finding of the Court recorded under sub-section (5) shall be final, but shall
not bar the entertainment and disposal by the Chief Controlling
Revenue-authority of any application under section 19-E.
(8) The [52][Provincial Government] may
make rules for the guidance of Collectors in the exercise of the powers
conferred by sub-section (3)].
[53][19-I Payment
of court-fees in respect of probates and letters of administration.– (1) No
order entitling the petitioner to the grant of probate or letters of
administration shall be made upon an application for such grant until the
petitioner has filed in the Court a valuation of the property in the form set
forth in the third schedule, and the Court is satisfied that the fee mentioned
in No. 11 of the first schedule has been paid on such valuation.
(2) The
grant of probate or letters of administration shall not be delayed by reason of
any motion made by the Collector under section 19-H, sub-section (4).]
[54][19-J. Recovery
of penalties, etc.– (1) Any excess fee found to be payable on an inquiry held
under section 19-H, sub-section (6), and any penalty or forfeiture under section
19-G may, on the certificate of the Chief Controlling Revenue-authority, be
recovered from the executor or administrator as if it were an arrear of
land-revenue by any Collector [55][* * *].
(2) The
Chief Controlling Revenue-authority may remit the whole or any part of any such
penalty or forfeiture as aforesaid, or any part of any penalty under section
19-E or of any court-fee under section 19E in excess of the full court-fee
which ought to have been paid].
[56][19-K. Sections
6 and 28 not to apply to probate or letters of administration.– Nothing
in section 6 or section 28 shall apply to probates or letters of
administration].
CHAPTER IV
PROCESS-FEES
20. Rules
as to cost of processes – Confirmation and publication of rules.– The
High Court shall, as soon as may be, make rules as to the following matters:-
(i) The
fees chargeable for serving and executing processes issued by such Court in its
appellate jurisdiction, and by the other Civil and Revenue Courts established
within the local limits of such jurisdiction;
(ii) the
fees chargeable for serving and executing processes issued by the Criminal
Courts established within such limits in the case of offences other than
offences for which police-officers may arrest without a warrant; and
(iii) the
remuneration of the peons and all other persons employed by leave of a Court in
the service or execution of processes.
The
High Court may from time to time alter and add to the rules so made.
All
such rules, alterations and additions shall, after being confirmed by the [57][Provincial
Government] [58][* * *] be
published in the [59][Official
Gazette], and shall thereupon have the force of law.
Until
such rules shall be so made and published, the fees now leviable for serving
and executing processes shall continue to be levied, and shall be deemed to be
fees leviable under this Act.
[60][20-A. Exemption
for certain processes.– (1) Notwithstanding anything contained in
the preceding section or in the rules made thereunder, no fees shall be charged
for serving and executing process on behalf of:
[61][(a)] the
prosecution in any criminal proceedings taken on information presented or
complaint made by a public-officer acting in his official capacity;[62][and]
[63][(b) a
liquidator or an arbitrator appointed under the provisions of the Co-operative
Societies Act, 1912].
(2) The
Provincial Government may by notification determine what persons shall be
deemed to be public officers for the purpose of the preceding sub-section].
21. Tables
of process-fees.– A table in the English and Vernacular languages, showing the
fees chargeable for such service and execution, shall be exposed to view in a
conspicuous part of each court.
22. Number of peons in District and subordinate Courts
– Number of peons in Mufassal Small Cause Courts.– Subject to [64]rules to be made by the High Court and approved by the [65][Provincial
Government] [66][* * *] every District Judge and every Magistrate of a District shall
fix, and may from time to time alter, the number of peons necessary to be
employed for the service and execution of processes issued out of his court and
each of the courts subordinate thereto,
and
for the purposes of this section, every Court of Small Causes established under
Act No. XI of 1865 ( to consolidate and amend the law relating to
Courts of Small Causes beyond the local limits of the ordinary original civil
jurisdiction of the High Courts of Judicature)[67] shall
be deemed to be subordinate to the court of the District Judge.
23. [Number of
peons in Revenue Courts]. Repealed by section 2 and Schedule of the
24. [Process
served under this Chapter to be held to be process within meaning of Code of
Civil Procedure]. Rep. by the Repealing and Amending Act,1891 (XII
of 1891).
CHAPTER V
OF THE MODE
OF LEVYING FEES
25. Collection
of fees by stamps.– All fees referred to in section 3 or chargeable under this
Act shall be collected by stamps.
26. Stamps to be impressed or adhesive.– The stamps used to denote any fees chargeable under this Act shall
be impressed or adhesive, or partly impressed and partly adhesive, as the [68][Appropriate Government]
may, by notification in the [69][Official Gazette] from time to time direct[70].
27. Rules
for supply, number, renewal and keeping accounts of stamps.– The [71][Appropriate
Government] may, from time to time, make [72]rules for
regulating–
(a) the
supply of stamps to be used under this Act;
(b) the
number of stamps to be used for denoting any fee chargeable under this Act;
(c) the
renewal of damaged or spoiled stamps; and
(d) the
keeping accounts of all stamps used under this Act:
Provided
that, in the case of stamps used under section 3 in a High Court, such rules
shall be made with the concurrence of the Chief Justice of such Court.
All
such rules shall be published in the [73][Official
Gazette], and shall thereupon have the force of law.
28. Stamping
documents inadvertently received.– No document which ought to
bear a stamp under this Act shall be of any validity, unless and until it is
properly stamped.
But, if any such document is through
mistake or inadvertence received, filed or used in any Court or office without
being properly stamped, the presiding Judge or the head of the office, as the
case may be, or, in the case of a High Court, any Judge of such Court, may, if
he thinks fit, order that such document be stamped as he may direct; and, on
such document being stamped accordingly, the same and every proceeding relative
thereto shall be as valid as if it had been properly stamped in the first instance.
29. Amended document.– Where any such document is amended in order merely to correct a
mistake and to make it conform to the original intention of the parties, it
shall not be necessary to impose a fresh stamp.
30. Cancellation
of stamp.– No document requiring a stamp under this Act shall be filed
or acted upon in any proceeding in any Court or office until the stamp has been
cancelled.
Such
officer as the Court or the head of the office may from time to time appoint
shall, on receiving any such document, forthwith effect such cancellation by
punching out [74][the crescent
and star] so as to leave the amount designated on the stamp untouched, and the
part removed by punching shall be burnt or otherwise destroyed:
[75][Provided
that if any document bearing a court-fee stamp of a design current in British
India immediately before the fifteenth day of August, 1947 and still current in
Pakistan is presented to the proper officer, he shall forthwith effect the
cancellation by punching out the figure-head so as to leave the amount
designated untouched.]
CHAPTER VI
MISCELLANEOUS
31. [Repayment
of fees paid on applications to Criminal Courts]. Rep. by the Code of Criminal
Procedure (Amendment) Act, 1923 (XVIII of 1923), s. 163.
32. [Amendment
of Act VIII of 1859 and Act IX of 1869]. Rep. by the Repealing and Amending
Act, 1891 (XII of 1891).
33. Admission in criminal cases of documents for which
proper fee has not been paid.– Whenever
the filing or exhibition in a Criminal Court of a document in respect of which
the proper fee has not been paid is, in the opinion of the presiding Judge,
necessary to prevent a failure of justice, nothing contained in section 4 or
section 6 shall be deemed to prohibit such filing or exhibition.
[76][34. Sale
of Stamps.– (1) The [77][Appropriate
Government] may from time to time make [78]rules for
regulating the sale of stamps to be used under this Act, the persons by whom
alone such sale is to be conducted, and the duties and remuneration of such
persons.
(2) All
such rules shall be published in the [79][Official
Gazette], and shall thereupon have the force of law.
(3) Any
person appointed to sell stamps who disobeys any rule made under this section,
and any person not so appointed who sells or offers for sale any stamp, shall
be punished with imprisonment for a term which may extend to six months, or
with fine which may extend to five hundred rupees, or with both].
35. Power to reduce or remit fees.– The [80][Appropriate Government] may, from time to time by notification in
the [81][Official Gazette] reduce or remit in the whole or in any part of [82][the territories under its
administration] all or any of the fees mentioned in the first and second
schedules to this Act annexed, and may in like manner cancel or vary such
order.
35-A. [83][* * * * * * * * * * *]
36. Saving of fees to certain officers of High Courts.– Nothing in Chapters II and V of this Act applies [84][* * *] to the fees which
any officer of a High Court is allowed to receive in addition to a fixed
salary.
[85][SCHEDULE I
Ad Valorem
Fees
|
Sl. No. |
Article |
Proper Fee |
|
1 |
2 |
3 |
|
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. Note–
The amount payable under this number shall be rounded to the nearest fifty
paisas. |
[86][Seven-and-a-half]
per centum on the amount or value of the subject-matter in dispute subject to
a maximum of [87][fifteen
thousand] rupees. |
|
2. |
Plaint in a suit for
possession under the Specific Relief Act, 1877, section 9. |
A fee of one-half the
amount prescribed in Serial No. 1. |
|
3. |
Application for review
of judgment, if presented on or after the ninetieth day from the date of the
decree. |
The fee leviable on
the plaint or memorandum of appeal. |
|
4. |
Application
for review of judgment, if presented before the ninetieth day from the date
of the decree. |
One-half of the fee
leviable on the plaint or memorandum of appeal. |
|
5. |
Copy or translation of
a judgment or order not being, or having the force of, a decree– |
|
|
|
(a) 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. |
One rupee. |
|
|
(b) When such judgment or
order is passed by a High Court. |
Two rupees. |
|
6. |
Copy of the decree or
order having the force of a decree– |
|
|
|
(a) When such decree or
order made by any |
|
|
|
(i) if the amount or value of
the subject-matter of the suit wherein such decree or order is made does not
exceed fifty rupees: |
One rupee |
|
|
(ii) if such amount or
value exceeds fifty rupees: |
Two rupees. |
|
|
(b) When such decree or
order is made by a High Court. |
Five rupees. |
|
7. |
Copy
of any document liable to stamp duty under the Stamp Act, 1899, when left by
any party to a suit or proceeding in place of the original withdrawn– |
|
|
|
(a) When the stamp duty
chargeable on the original does not exceed fifty paisas. |
The
amount or duty chargeable on the original. |
|
|
(b) In any other case. |
One rupee. |
|
8. |
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– |
|
|
|
For every three
hundred and sixty words or fraction of three hundred and sixty words. |
Fifty paisas. |
|
9. |
Probate of a will or
letters of administration with or without will annexed– |
|
|
|
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. |
Two per centum on such
amount or value. |
|
|
When such amount or
value exceeds ten thousand rupees but does not exceed fifty thousand rupees. |
Three per centum on
such amount or value. |
|
|
When such amount or
value exceeds fifty thousand rupees: |
Four per centum on such amount or value. |
|
|
Provided that when,
after the grant of a certificate under the Succession Act, 1925, 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. Note- The
amount payable under this number to be rounded to the nearest rupee. |
|
|
10. |
Certificate under the Succession Act, 1925– |
|
|
|
(i) On the amount or value
of any debt or security specified in the certificate under section 8 of the
Act. |
Two per centum on such amount or value. |
|
|
(ii) On the amount or value
of any debt or security to which the certificate is extended under section 10
of the Act. |
Three per centum on
such amount or value. |
|
|
Explanation 1– For the purposes of
this number, 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. |
|
|
|
Explanation 2– Whether or not any
power with respect to a security specified in a certificate has been conferred
under the Act and where such 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, 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. |
|
|
11. |
Application to the
Board of Revenue/ Commissioners of Divisions for the exercise of its
revisional jurisdiction under section 84 of the Punjab Tenancy Act, 1887– |
|
|
|
When the amount or value of the
subject-matter in dispute does not exceed twenty-five rupees. |
Two rupees. |
|
|
When such amount or
value exceeds twenty-five rupees. |
The fee leviable on a
memorandum of appeal. |
|
12. |
Application to a High
Court for the exercise of its revisional jurisdiction under section 115 of
the Code of Civil Procedure, 1908– |
|
|
|
Where the application
is for revision of an order and the amount or value of the subject-matter is
less than two thousand rupees. |
Seven rupees and fifty
paisas. |
|
|
Where the application
is for the revision of an order and subject-matter is two thousand rupees or
more. |
Fifteen rupees. |
|
|
Where the application
is for the revision of an appellate decree. |
The fee leviable on a
memorandum of appeal]. |
[88][SCHEDULE II
Fixed Rates
|
Sl. No. |
Article |
Proper Fee |
|
1 |
2 |
3 |
|
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 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
Civil Court other than a principal Civil Court of original jurisdiction or to
any Court of Small Causes constituted under the Provincial Small Causes
Courts Act, 1887, or to a Collector or other officer of revenue in relation
to any suit or case in which the amount or value of 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 or Officer, or of any other document or record in such
Court or Office; |
One rupee. |
|
|
(b) When containing a
complaint or charge of any offence other than an offence for which police
officers may, under the Code of Criminal Procedure, 1898, arrest with our
warrant, and presented to Criminal Court; or |
Two rupees. |
|
|
When presented to a 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 |
Two rupees. |
|
|
to deposit in Court
revenue or rent; or |
Two rupees |
|
|
for determination by a
Court of the amount of compensation to be paid by a landlord to his tenant |
Two rupees. |
|
|
(c) (i) When presented to a
Chief Controlling Revenue or Executive Authority, or to a Commissioner of
Revenue or Circuit or to any Chief Officer charged with executive
administration of a Division and not otherwise provided by this Act |
Two rupees. |
|
|
(ii) When presented to a Court or
Authority other than a High Court, for transfer of cases |
Five rupees. |
|
|
(d) When presented to a |
|
|
|
(i) Under the Companies
Act, 1913, for winding up a company |
Two hundred rupees. |
|
|
(ii) Under the said Act for
taking some other judicial action |
Ten rupees. |
|
|
(iii) For transfer of cases |
Five rupees. |
|
|
(iv) In all other cases |
Five rupees. |
|
2. |
Application to any |
|
|
|
When the Court grants
the application and is of the opinion that the transmission of such records
involves the use of the post. |
Three
rupees in addition to any fee levied on the application under clause (a),
clause (b) or clause (c), of Number 1 of this Schedule. |
|
3. |
Application for leave
to sue as a pauper |
Two rupees. |
|
4. |
Application for leave
to appeal as a pauper |
Two rupees. |
|
5. |
Plaint or memorandum
of appeal in a suit to establish or disprove a right of occupancy |
Two rupees. |
|
6. |
Undertaking under
section 49 of the Divorce Act, 1869. |
One rupee. |
|
7. |
Mukhtarnama or
Wakalatnama when presented for the conduct of any one case– |
|
|
|
(a) to any Civil or Criminal Court, other
than a High Court, or to any |
Two rupees. |
|
|
(b) to Commissioner or
Revenue, Circuit or Customs or to any officer charged with the Executive
Administration of a Division, not being the Chief Revenue or Executive
Authority; |
Two rupees. |
|
|
(c) to a High Court, Board
of Revenue or other Chief Controlling Revenue or Executive Authority: |
|
|
8. |
Memorandum of appeal
when the appeal is not from a decree or an order having the force of a decree
and is presented– |
|
|
|
(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; |
Three rupees. |
|
|
(b) to the Central Board
of Revenue under section 188 of the Sea Customs Act, 1878, or section 35 of
the Central Excise and Salt Act, 1944; |
Twenty-five rupees. |
|
|
(c) to High Court or other
Chief Controlling Executive or Revenue Authority: |
Ten rupees. |
|
9. |
Caveat |
Ten rupees. |
|
10. |
Petition in a suit
under the Native Convert’s Marriage Dissolution Act, 1866: |
Ten rupees. |
|
11. |
Plaint or memorandum
of appeal in each of the following suits:- |
|
|
|
(i) to alter or set aside a summary
decision or order of any |
Ten rupees. |
|
|
(ii) to alter or cancel any
entry in a register of the names of proprietors of Revenue paying estates; |
Ten rupees. |
|
|
(iii) to obtain a declaratory decree when
no consequential relief is prayed; |
Thirty rupees. |
|
|
(iv) to
set aside an award; |
Ten rupees. |
|
|
(v) to set aside an adoption; |
Ten rupees. |
|
|
(vi) to
set aside an alienation; |
Fifteen rupees. |
|
|
(vii) 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: |
Ten rupees. |
|
12. |
Application under
Chapter III of the Arbitration Act, 1940: |
Twenty rupees. |
|
13. |
Agreement
in writing stating a question for the opinion of the Court under the Code of
Civil Procedure, 1908: |
Twenty rupees. |
|
14. |
Every
petition under the Divorce Act, 1869 except petitions under section 44 of the
same Act, and every memorandum of appeal under section 55 of the same Act: |
Twenty rupees. |
|
15. |
Plaint or memorandum
of appeal under the Parsi Marriage and Divorce Act, 1936: |
Twenty rupees. |
|
16. |
Plaint or memorandum
of appeal in a suit by a reversioner under the Punjab Customary law for a
declaration in respect of an alienation of ancestral land. |
Twenty rupees. |
|
17. |
For
determination of fair rent or eviction of tenant under sections 4 and 13 of
the [89][ |
|
|
|
(i) Where the property involved is
exempted from Property Tax under the [90][ |
Five rupees |
|
|
(ii) Where such property is
assessed to Urban Immovable property Tax: |
Fifteen rupees.] |
[91]SCHEDULE III
(See Section
19-I)
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 administer 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 his
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
|
|
Rs. |
A |
P. |
|
VALUATION OF THE
MOVABLE AND IMMOVABLE PROPERTY OF DECEASED 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 Office. (State description and
value at the price of the day; also interest separately, calculating it to
the time of making the application). Immovable property
consisting of (State description,
giving, in the case of houses, 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 years determinable, state the number of years, purchase the
profit rents are estimated to be worth and the value of such inserting
separately arrears due at the date of death and all rents received or due
since that date to the time of making the application). 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 of making the application). Policy of insurance
upon life, money but on marriage and other societies such as bonds,
mortgages, 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). Books 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. Amount of debts due
and owing from the deceased, payable by law out of the estate. Amount of funeral
expenses Amount of mortgage
incumbrances Property held in trust
not beneficially or with general power to confer a beneficial interest. Other property not
subject to duty TOTAL: |
|
|
|
[1]For statement
of objects and reasons, see Gazette of India, 1869, Pt. V, p. 57; for Proceedings in Council, see ibid., 1869, Supplement, pp. 1179 and 1452; ibid., 1870, Supplement, pp. 52, 378, 421, 427 and 434.
[2]Substituted
by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), (with
effect from the 14th October, 1955), for “all the Provinces and the Capital of
the Federation” which were previously Substituted, for “the whole of British
India,” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4
of 1949).
[3]Section 1-A Inserted by the Government of India (Adaptation of
Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of
Indian Laws) Supplementary Order, 1937.
[4]Substituted
by the
[5]The words “and in the court of Small Causes at the Presidency Towns”
omitted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960),
(with effect from the 14th October, 1955).
[6]The original
words and figures as amended by the Repealing and Amending Act, 1917 (XXIV of
1917) and the Government of India (Adaptation of Indian Laws) Order, 1937 as
amended by the Government of India (Adaptation of Indian Laws) Supplementary
Order, 1937, have successively been amended by the Adaptation of Central Acts
and Ordinances Order, 1949 (G.G.O. 4 of 1949) and the West Pakistan
Supplementary Appropriation Ordinance, 1960 (XXI of 1960), (with effect from
the 14th October, 1955), to read as above.
[7]The number
“16” repealed by the Amending Act, 1891 (XII of 1891).
[8]The words
“and the fees for the time being chargeable in the Courts of Small Causes at
the Presidency-towns and their several officers” omitted by the Adaptation of
Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949).
[9]The word
“said” omitted by the West Pakistan Supplementary Appropriation Ordinance, 1960
(XXI of 1960), (with effect from the 14th
October, 1955).
[10]Substituted
by the Court-fees (Amendment) Act, 1922 (XIX of 1922), for “judgment of two”.
[11]Substituted
for “one” by the Court-Fees (Punjab Amendment) Act, 1922 (VII of 1922).
[12]The word
“said” omitted by the Central Laws (Statute Reform) the West Pakistan
Supplementary Appropriation Ordinance, 1960 (XXI of 1960), (with effect from
the 14th October, 1955).
[13]The original
paragraph omitted ibid. (with
effect from the 14th October, 1955).
[14]Substituted
by the
[15]Added ibid.
[16]Ibid.
[17]Substituted
by the
[18]Substituted
by the Court Fees (Amendment) Act, 1990 (V of 1990).
[19]Inserted by
the Court-fees (Amendment) Act, 1905 (VI of 1905).
[20]Substituted
by the Court-fees (Amendment) Act, 1905 (VI of 1905), for “land”.
[21]Ibid.
[22]Added by the
Court-fees (Amendment) Ordinance, 1962 (LII of 1962).
[23]See now the Land Acquisition Act, 1894 (I of 1894).
[24]Clause (iii) repealed by the Amending Act, 1891 (XII of 1891).
[25]Section 11
was renumbered as sub-section (1) of that section by the Court-fees (Amendment)
Ordinance, 1962 (LII of 1962).
[26]Added by the
Court-fees (Amendment) Ordinance, 1962 (LII of 1962).
[27]See now the Code of Civil Procedure, 1908 (Act V of 1908).
[28]This
reference should now be read as applying to the corresponding provision of the
Code of Civil Procedure, 1908 (Act V of 1908), i.e., Order XII rule 23 of the
First Schedule.
[29]As to
application for review of judgment see the Code of Civil Procedure, 1908 (Act V of 1908), section 114 and
Order XLVII of the First Schedule.
[30]Substituted
by the Court-fees Act (1870) Amendment Act, 1870 (XX of 1870), for “plaint or
memorandum of appeal”.
[31]See now the Code of Civil Procedure, 1908 (Act V of 1908).
[32]This
reference should now be read as referring to the Code of Criminal Procedure
(Act V of 1898). See section 3 of that Act.
[33]Substituted
by the Court-Fees (
[34]Substituted
by the Central Laws (Adaptation) Order, 1961, for “Her Majesty’s Army” (with
effect from the 23rd March, 1956).
[35]Substituted
by section 13 (2) of the Succession Certificate Act, 1889 (VII of 1889), for
“and certificate mentioned in the First Schedule to this Act annexed, No. 12.”
[36]XLV of 1860.
[37]The
[38]See now the Land Acquisition Act, 1894 (I of 1894).
[39]Substituted
by the Indian Christian Marriage Act, 1872 (XV of 1872), for the original
clause which read as follows:- “petitions under the 14th and 15th of
[40]Chapter III-A inserted by section 6 of the Probate and Administration
Act, 1875 (XIII of 1875).
[41]Substituted
by the Court-fees (Amendment) Act, 1901 (X of 1901), for “of the Province”.
[42]The word,
“each”, repealed by the Amending Act 1891 (XII of 1891).
[43]Substituted
by the Court-fees (Amendment) Act, 1901 (X of 1901), for “of the Province”.
[44]As to
recovery of penalties for forfeitures under section 19G, See section 19-J, infra.
[45]The words and
figures, “after the first day of April 1875 or”, repealed by the Amending Act,
1891 (XII of 1891).
[46]Inserted by
the Court-fees Amendment Act, 1899 (XI of 1899).
[47]Substituted
by the Court-fees Amendment Act, 1901 (X of 1901), for “of the Provinces”.
[48]See now the Succession Act, 1925 (XXXIX of 1925).
[49]X of 1865.
[50]See now the Succession Act, 1925 (XXXIX of 1925).
[51]V of 1881.
[52]Substituted
by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the
Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local
Government”.
[53]Inserted by
the Court-fees Amendment Act, 1899 (XI of 1899).
[54]Inserted by
the Court-fees Amendment Act, 1899 (XI of 1899)..
[55]The words “in
any Part of British India”, omitted by the Adaptation of Central Acts and
Ordinances Order, 1949 (G.G.O. 4 of 1949).
[56]Inserted by
the Court-fees Amendment Act, 1899 (XI of 1899).
[57]Substituted
by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the
Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local
Government”.
[58]The words
“and sanctioned by the G.G. of
[59]Substituted
by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the
Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “local
official Gazette”.
[60]Added by the
Court-Fees (
[61]Inserted by
the Court-Fees (
[62]Ibid.
[63]Ibid.
[64]For rules made under the powers conferred by this section, see different Local
Rules and Orders.
[65]Substituted
by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the
Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local
Government”.
[66]The words “and the G.G. of
[67]The reference
to Act XI of 1865 should now be read as referring to the Provincial Small Cause
Courts Act, 1887 (IX of 1887): see section 2 (3) of that Act.
[68]Substituted
by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended
by the Government of India (Adaptation of Indian Laws) Supplementary Order,
1937, for “Local Government” which had been Substituted by the Devolution Act,
1920 (XXXVIII of 1920), for “G.G. of India in C.”
[69]Substituted ibid., for the words “local official Gazette” which had been
substituted, for “Gazette of India” by the Devolution Act, 1920 (XXXVIII of
1920).
[70]For rules as
to levy of Court-fees by adhesive and impressed stamps, see Gazette of
India, 1883, Pt. I, p. 189.
[71]Substituted
by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended
by the Government of India (Adaptation of Indian Laws) Supplementary Order,
1937, for “Local Government” which had been Substituted by the Devolution Act,
1920 (XXXVIII of 1920), for “G.G. of India in C.”
[72]For rules
under section 27, see different Local Rules and Orders.
[73]Substituted
by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended
by the Government of India (Adaptation of Indian Laws) Supplementary Order,
1937, for the words “local official Gazette” which had been Substituted, for
“Gazette of India” by Act XXXVIII of 1920.
[74]Substituted
by the Court-fees (Amendment) Act, 1951 (XIII of 1951), for “the figure-head”.
[75]Added ibid.
[76]Substituted
for the original section by the Amending Act, 1891 (XII of 1891).
[77]Substituted
by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the
Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local
Government”.
[78]For rules
issued under this section, see different Local Rules and Orders.
[79]Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as
amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “local
official Gazette”.
[80]Substituted
by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended
by the Government of India (Adaptation of Indian Laws) Supplementary Order,
1937, for “Local Government” which had been Substituted by the Devolution Act,
1920 (XXXVIII of 1920), for “G.G. of India in C.”
[81]Substituted ibid., for “local official Gazette”.
[82]Substituted
by Act XVIII of 1920, for “
[83]Deleted by
the
[84]The words “to the commission payable to the Accountant General of the
High Court at
[85]Substituted
by the
[86]Substituted
first by the Punjab Finance Act 1996 (V of 1996) and then by the Punjab Finance
Act 2006 (V of 2006).
[87]Ibid.
[88]Substituted
by the
[89]Now “The
[90]Now the
[91]This Schedule
was added by the Court-fees (Amendment) Act, 1899 (II of 1899). The original
Schedule III was repealed by the Repealing Act, 1870 (XIV of 1870).
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