CFA Sec.4-7(iii) Fees in High court & Lower Court & Difference fee & Computation of fees on suits. скачать в хорошем качестве

CFA Sec.4-7(iii) Fees in High court & Lower Court & Difference fee & Computation of fees on suits.

4. Fees on documents filed, &c., 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 10[***] 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; in their appellate jurisdiction; or in the exercise of its jurisdiction as regards appeals from the 11[judgments (other than judgments passed in the exercise of the ordinary original Civil Jurisdiction of the Court) of 12[two]] or more Judges of the said Court, or of a Division Court; as Courts of reference and revision; 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 13[***] 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. 14[* * * * * * * * * * * * ] 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, &c., 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 moveable property having a market-value.– In suits for moveable 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 moveable property of no market-value.– for moveable 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, 14The paragraph omitted ibid., (with effect from the 14th October, 1955). (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 15[:] 16[Provided that nothing in this clause shall apply to suits mentioned in clause iv-A,],