Court-Fees (Bihar Amendment) Act, 1995

 
FREE EXCERPT

[Act No. 7 of 1996]

Preamble

An Act to amend the Court-fees Act, 1870 in its application to the State of Bihar.

Be it enacted by the Legislature of the State of Bihar in the Forty Sixth year of the Republic of India as follows:-

Section 1 - Short title and commencement

(1) This Act may be called Court-fees (Bihar Amendment) Act, 1995.

(2) It shall come into force at once.

Section 2 - Substitution of Schedules I and II appended to Act VII, 1870

In the Court-fees Act, 1870 (Act VII of 1870) for Schedules I and II the following shall be substitued, namely:-

Schedule I

Ad Valorem Fees

Number

 

Proper Fee

(1)

(2)

(3)

1. Plaint, written statement, pleading a set-off or counter-claim or memorandum of appeal or of cross-objection not otherwise provided for in this Act presented to any civil or revenue Court except those mentioned in section 3

When the Amount or value of the subject-matter in dispute--

 

 

(i) does not exceed five rupees

Nil

 

(ii) When such amount or value exceeds five rupees, for every five rupees, or part thereof, in excess of rive rupees, upto one hundred rupees,

Rupee one for every five rupees or part thereof.

 

(iii) When such amount or value exceeds one hundred rupees, for every ten rupees, or part thereof, in excess of one hundred rupees, upto one thousand rupees,

On one hundred rupees the fee payable under clause (ii) and on the remainder, rupees two for every ten rupees or part thereof.

 

(iv) When such amount or value exceeds one thousand rupees, for every one hundred rupees, or part thereof, in excess of one thousand rupees, upto five thousand rupees.

On one thousand rupees the fee payable under clause (iii) and on the remainder, sixteen rupees for every one hundred rupees or part thereof.

 

(v) When such amount or value exceeds five thousand rupees, for every two hundred and fifty rupees, or part thereof, in excess of five thousand rupees, upto ten thousand rupees.

On five thousand rupees the fee payable under clause (iv) and on the remainder, thirty two rupees for every two hundred and fifty or part thereof.

 

(vi) When such amount or value exceeds ten thousand rupees, for every five ' hundred rupees, or part thereof, in excess of ten thousand rupees upto twenty thousand rupees.

On ten thousand rupees the fee payable under clause (v) and on the remainder, forty eight rupees for every five hundred rupees or part thereof.

 

(vii) When such amount or value exceeds twenty thousand rupees for every one thousand rupees, or part thereof, in excess of twenty thousand rupees, upto thirty thousand rupees.

On twenty thousand rupees the fee payable under clause (vi) and on the remainder, sixty four rupees for every one thousand rupees or part thereof.

 

(viii) When such amount or value exceeds thirty thousand rupees for every two thousand rupees or part thereof, in excess of thirty thousand rupees, upto fifty thousand.

On thirty thousand rupees the fee payable under clause (vii) and on the remainder, sixty four rupees for every two thousand rupees or part thereof.

 

(ix) When such amount or value exceeds fifty thousand rupees for every five thousand rupees or part thereof, in excees of fifty thousand, provided that the maximum fee leviable on plaint or memorandum of appeal shall be Rs. 50,000

On fifty thousand rupees the fee payable under clause (viii) and on the remainder eighty rupees for every five thousand rupees or part thereof.

1[2. Plaint in a suit for possession under the Specific Relief Act, 1963, section 6.

 

A fee of half of the prescribed fee in the foregoing scale as in item 1.]

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 as in item 1.]

1[4. Application for review of judgment, if presented before the ninetieth day from the date of decree.

 

One half of the fee leviable on the plaint or memorandum of appeal as item 1.]

5. Copy or translation of a judgment or order not being or having the force of a decree.

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.

 

 

(a) If the amount or value of the subject-matter is fifty or less than fifty rupees.

Rs, 5.00

 

(b) If such amount or value exceeds fifty rupees.

Rs. 10.00

 

(c) When such judgment or order is passed by a High Court.

Rs. 15.00

6. Copy of a decree or order having the force of a decree.

When such decree or order made by any Civil Court other than High Court, or by any Revenue Court.--

(a) If the amount or value of the subject-matter of the suit wherein such decree or order is made is fifty or less than fifty rupees.

Rs. 5.00

 

(b) If such amount or value exceeds fifty rupees.

Rs. 10.00

 

When such decree or order is made by a High Court.

Rs. 15.00

7. Copy of any document liable to stamp-duty under the Indian Stamp Act, 1899 (II of 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 0.95;

Rs. 1.50

 

(b) In any other case.

Rs. 5.00

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 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.

Rs. 10.00

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 two thousand rupees, on such amount or value upto ten thousand rupees, and

4 Percentum

 

When such amount or value exceeds ten thousand rupees on the portion of such amount or value which is in excess of ten thousand rupees upto fifty thousand rupees, and

6 Percentum

 

When such amount or value exceeds fifty thousand rupees on the portion of such amount or value which is in excess of fifty thousand rupees upto one lakh rupees.

8 Percentum

 

When such amount or value exceeds a lakh of rupees, on the portion of such amount or value which is in excess of one lakh of rupees:

Provided that when, after the grant of a certificate under the Succession Certificate Act, 1889 (vii of 1889) or under the Regulation of the Bombay Code No. VIII of 1827, in respect of any property included in an estate, a grant of probate or letters of administration is made in respect of the latter grant shall be reduced by the amount of the fees paid in respect of the former grant. Provided further that the maximum fee leviable shall be Rs. 30,000.

10 Percentum

10. Certificate under the Succession Certificate Act, 1889.

When the amount or value of any debt or security specified in the certificate under section 8 of the Act exceeds one thousand rupees, on such amount or value upto ten thousand rupees, and

Three percentum and on the amount or value of any debt or security to which the certificate is extended under section 10 of the Act, five percentum.

 

When such amount or value exceeds ten thousand rupees on the portion of such amount or value which is in excess of ten thousand rupees upto fifty thousand rupees, and When such amount or value exceeds fifty thousand rupees on the portion of such amount or value which is in excess of fifty thousand rupees upto one lakh rupees, and When such amount or value exceeds a lakh of rupees, on the portion of such amount or value which is in excess of one lakh of rupees.

Four percentum and on the amount or value of any debt or security to which the certificate is extended under section 10 of the Act, six percentum.

Five percentum and on the amount or value of any debt or security to which the certificate is extended under section 10 of the Act, seven and half percentum. Six percentum, and on the amount or value of any debt or security to which the certificate is extended under section 10 of the Act nine percentum.

 

 

Note.--1. 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.

2. Whether or not any power with respect to a security specified in certificate has been conferred under the Act, and where such a power has been so conferred whether the power, is for the power 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 certificate is applied for, so far as such value can be ascertained.

Schedule I

Table of Rate of Ad Valorem Fee Leviable on Institution of Suits

When the amount or value of the subject-matter exceeds

But does not exceed

Proper fee

1

2

3

Rs.

Rs.

Rs. P

5.00

10.00

2.00

10.00

15.00

3.00

15.00

20.00

4.00

20.00

25.00

5.00

25.00

30.00

6.00

30.00

35.00

7.00

35.00

40.00

8.00

40.00

45.00

9.00

45.00

50.00

10.00

50.00

55.00

11.00

55.00

60.00

12.00

60.00

65.00

13.00

65.00

70.00

14.00

70.00

75.00

15.00

75.00

80.00

16.00

80.00

85.00

17.00

85.00

90.00

18.00

90.00

95.00

19.00

95.00

100.00

20.00

100.00

110.00

22.00

110.00

120.00

24.00

120.00

130.00

26.00

130.00

140.00

28.00

140.00

150.00

30.00

150.00

160.00

32.00

160.00

170.00

34.00

170.00

180.00

36.00

180.00

190.00

38.00

190.00

200.00

40.00

200.00

210.00

42.00

210.00

220.00

44.00

220.00

230.00

46.00

230.00

240.00

48.00

240.00

250.00

50.00

250.00

260.00

52.00

260.00

270.00

54.00

270.00

280.00

56.00

280.00

290.00

58.00

290.00

300.00

60.00

300.00

310.00

62.00

310.00

320.00

64.00

320.00

330.00

66.00

330.00

...

To continue reading

REQUEST YOUR TRIAL