KARNATAKA COURT FEES AND SUITS VALUATION ACT, 1958

 

________________________________________________________________________Section                                   CONTENTS                            

CHAPTER I

PRELIMINARY

 

  1. Short title, extent and commencement                                         I
  2. Application of Act                                                                                  II
  3. Short title, extent and commencement
  4. Application of Act.

3.  Definitions chapter-II liability to pay fee

4.  Levy of fee in courts and public offices.

  1. Fees on documents inadvertently received.
  2. Multifarious suits.
  3. Determinations of market value.
  4. Set off or counter claim.
  5. Documents falling under two or more description

CHAPTER III

DETERMINATION OF FEE

10.Statement of particulars of subject matter

of suit and plaintiff’s valuation thereof.

11.Decision as to proper fee in courts.

12.Additional fee on issues framed

13.Relinquishment of portion of claim

14.Fees payable on written statements

15.Fee payable on appeals, etc.

16.Fee payable on Petitions, application etc.

17.Court-fee examiners

18.Inquiry and commission

19.Notice to the State Government

CHAPTER IV

COMPUTATION OF FEE

20.Fee how reckoned

21.Suits for money

22.Suits for maintenance and annuities

23.Suits for movable property

24.Suits for declaration.

25.Adoption suits.

26.Suits for injunction.

27.Suits relating to trust property

28.Suits for possession under the Specific Relief Act, 1877

29.Suits relating to easements.

30. Pre-emption suits

31. Suits relating to mortgages

32.Suits for accounts

33.Suits for dissolution of partnership

34.Partition suits

35.Suits for joint possession

36.Administration suits

37.Suits for cancellation of decrees, etc.

38.Suits for specific performance

39.Suits between landlord and tenant

40.Suits for mesne profits

41.Suits to alter or cancel entry in revenue

registers and certain suits relating to

public matters

42.Suits relating to public matters

43.Interpleader suits

44.Third party proceedings

45.Suits not otherwise provided for

46.Fee on memorandum of appeal

against decision, award or order

relating to compensation.

47.Appeals

CHAPTER V

VALUATION OF SUITS

50.Suits not otherwise provided for

51.Procedure where objection is taken

on appeal or revision that a suit or

appeal was not properly valued for

jurisdictional purposes

CHAPTER VI

PROBATES, LETTERS OF

ADMINISTRATION AND CERTIFICATES

OF ADMINISTRATION

52.Application for probate or letters of

administration

53.Levy of fee

54.Grant of probate

55.Relief in cases of several grants

56.Inquiry by the Deputy Commissioner

57.Application to court and power of court

58.Provision for cases where too low a fee has been paid

59.Administrator to give proper security

before letters stamped

60.Relief when too high a fee has been paid

61.Recovery of penalties etc.

62.Power of Chief Controlling Revenue

Authority

CHAPTER VII

REFUNDS AND REMISSIONS

63.Refund in case of delay in presentation

of plaint etc.

64.Refund in cases of Remand

65.Refund where court reverse or

modifies former decision on ground of mistake

66.Refund on settlement before hearing

67.Refund of fee paid by mistake or

inadvertence

68.Instruments of partition

69.Exemption of certain documents

70.Power to reduce or remit fee

CHAPTER VIII

MISCELLANEOUS

71.Collection of fees by stamps

72.Stamps to be imposed or adhesive

73.Amended document

74.Cancellation of stamp

75.Deduction to be made

76.Penalty

76A.Legal Benefit fund

77.Power of High Court to make rules

78.Power to State Government to

make Rules

79.Repeal and Savings

Schedule I

Schedule II

Schedule III

KARNATAKA COURT FEES AND

SUITS VALUATION RULES 1960

  1. Process fees in High Court
  2. Process fees in Criminal Court
  3. Process fees in subordinate Civil Courts

KARNATAKA COURT FEES AND

SUITS VALUATION

KARNATAKA ACT NO. 12 OF 2000

(First published in the Karnataka Gazette Extra – ordinary

on the 27th day of April, 2000)

THE KARNATAKA COURT-FEES AND SUITS VALUATION

(AMENDMENT) ACT, 2000

(Received the assent of the Governor on the 27th day of April, 2000)

An Act further to amend the Karnataka Court-Fees and Suits Valuation Act, 1958.

Whereas it is expenden, further to amend the Karnataka Court – Fees and Suits Valuation Act, 1958 (Karnataka Act 16 of 1958) for the purposes hereinafter appearing.

Be it enacted by the Karnataka State Legislature in the fifty-first year of the Republic of India follows: –

  1. Short title and commencement: – (1) This Act may be called the Karnataka Court Fees and Suits valuation (Amendment) Act, 2000.
  1. Amendment of Schedule 1:- In Schedule 1 of the Karnataka Court Fees and Suits Valuation Act, 1958 (Karnataka Act 16 of 1958), for Article 6, the following shall be substituted, namely:-

“6 Probate of a will or letter of

administration with or without

will annexed,-                                                       (a) Three percent

(a) When the amount or valued

of the property in respect of

which the grant of probate or

letters is made exceeds one

thousand rupees, on the part of

the amount or value in excess

of one thousand rupees upto

three lakhs of rupees

(b) When the amount or value                              (b) Five percent or

of the property in respect of                                  rupees thirty

which the grant of probate or                               thousand

letters is made, exceeds three                               whichever is less.

lakhs or rupees, on the part of

the amount or value in exceeds

of three lakhs or rupees

By order and in the name of the

Governor of Karnataka,

(M.R. HEGDE)

Secretary to Government

Department of Parliamentary Affairs

and Legislation

KARNATAKA COURT FEES AND

SUITS VALUATION ACT, 1958

KARNATAKA ACT NO. 16 OF 1958

 

[First Published in Karnataka Gazette on the Twenty sixth day of may 1958]

[Received the assent of the President on the Twenty third day of May,1958]

An Act to amend and consolidate the laws relating to Court Fees and Valuation of Suits in the State of Karnataka.

Whereas it is necessary and expedient to amend and consolidate the laws relating to the court fees and valuation of suits in the state of Karnataka.

Be it enacted by the Karnataka State Legislature in the Ninth Year of the Republic of India as follows:-

CHAPTER I

PRELIMINARY

1. Short title, extent and commencement  – (1) This Act may be called the Karnataka Court Fees and Suits Valuation Act 1958.

(2) It extends to the whole of the State of Karnataka

[(3) It shall come into force on such date as the State Government may, notification in the Official Gazette, appoint.]

 

       2. Application of Act:- (1) The Provision of this Act shall not apply to documents presented or to be presented before an Officer serving under the Central Government.

(2) Where any other law contains provisions relating to the levy of fee in respect of proceedings under such other law, the provisions of this Act relating to the levy of fee in respect of such proceedings shall apply subject to the said provisions of such other law.

3.  Definitions:- In this Act, unless the context otherwise requires:-      

 

(i)           “Appeal” includes a cross – objections;

(ia)     “Chief Controlling Revenue Authority” means the Officer appointed by the State Government to be the Commissioner of Stamps for Karnataka;

 

(ii)         “Court” means any civil, revenue or criminal court and includes a Tribunal or other authority having jurisdiction under any special or local law to decide jurisdiction under any special or local law to decide questions affecting the rights of parties;

 

(iii)       “Prescribed” means prescribed by rules made under this Act; and

(iv)        expressions used and not defined in this Act, or in the (Karnataka General clauses Act, 1899 Karnataka Act III of 1899), but defined in he Code of Civil Procedure, 1908 (Central Act V of 1908), shall have the meanings respectively assigned to them in the said code.

 

CHAPTER II

LIABILITY TO PAY FEE

 

4. Levy of the courts and public offices:- No document which is chargeable with fee under this Act shall-

 

(i) be filed, exhibited or recorded in, or be acted on or furnished by any court including the High Court; or

(ii) be filed, exhibited or recorded in any public office or be acted on or furnished by any public officer,

unless in respect of such documents there be paid a fee of an amount not less than that indicated as chargeable under this Act.

Provided that, whenever the filling 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 court necessary to prevent a failure of justice, nothing contained in this section shall be deemed to prohibit such filing or exhibition;

[Provided further that not fee shall be payable in respect of any document filed, exhibited or recorded by or on behalf of the State Government or any officer of the State Government in his official capacity, or acted on at the instance of or furnished to the State Government or any officer of the State Government in his official capacity].

5. Fees on documents inadvertently received:- When a document on which the whole or any part of the fee prescribed by this Act has not been paid is produced or has, through mistake or inadvertence, been received in any court or public office, the court or the head of the office may, in its or his discretion, at any time, allow the person by whom such fee is payable to pay the fee or part thereof, as the case may be within such time as may be fixed; and upon such payment, the document shall have the same force and effect as if the full fee had been paid in the first instance.

6. Multifarious suits:- (1) In any suit in which separate and distance reliefs based on the same causes of action are sought, the plaint shall be chargeable with a fee on the aggregate value of the reliefs;

Provided that, if a relief is sought only as ancillary to the main relief, the plaint shall be chargeable only on the value of the main relief.

(2) Where more reliefs that one based on the same cause of action are sought in the alternative in any suit, the plaint shall be chargeable with the highest of the fees leviable on the reliefs.

(3) Where a suit embraces two or more distinct and different causes of action and separate reliefs are sought based on them, either alternatively or cumulatively, the plaint shall be chargeable with the aggregate amount of the fees with which plaints would be chargeable under this Act if separate suits were instituted in respect of the several cause of action.

Provided that, where the causes of action in respect of reliefs claimed alternatively against the same person arise out of the same transaction, the plaint shall be chargeable only with the highest of the fees chargeable on them.

Nothing in this sub – section shall be deemed to effect any power conferred upon a court under Rule 6 of Order II of the Code of Civil Procedure, 1908 (Central Act V of 1908):

(4) The provisions of this section, shall apply mutatis mutandis to memorandum of appeals, applications, petitions and written statement.

Explanation: For the purpose of this section, a Suit for possession of immovable property and for mesne profits shall be deemed to be based on the same cause of action.

7. Explanation of market value:- (1) Save as otherwise provided, where the fee payable under this Act depends on the market value of any property; such value shall be determined as on the date of presentation of the plaint.

(2) The market value of land in suits failing under sections 24(a), 24(b), 26(a), 28, 29, 31, 35(1), 35(2), 35(3), 36, 38, 39 or 45 shall be deemed to be:-

(a)          Where the land forms and entire estate, or a definite share of an estate paying annual revenue to Government, or forms part of such an estate and is recorded in the Deputy Commissioner’s register as separately assessed with such revenue and such revenue is permanently settled twenty five times the revenue so payable;

(b)          Where the land forms and entire estate, or a definite share of an estate, paying annual revenue to Government, or forms part of such estate and is recorded as aforesaid, and revenue is settled but not permanently twelve and a half times the revenue so payable;

(c)          Where the land pays no such revenue, or has been partially exempted from such payment, or is changed with any fixed payment in lieu of such revenue- Fifteen times the net profits if any, from, the land during the year before the date of presenting the plaint or thirty times the revenue payable on the same extend of similar land in the neighbourhood whichever is lower;

(d)          Where the land forms part of an estate paying revenue to Government, but is not a definite share of such estate and is not separately assessed as above mentioned the land is a garden or the land is a house site whether assessed to full revenue or not or is land not falling within the foregoing description, the market value of the land.

Explanation: The word “estate” as used in this section means any land subject to the payment of revenue, for which the proprietor or farmer or raiyat shall have executed a separate engagement to Government, or which in the absence of such engagement, shall have been separately assessed with revenue.

8. Set off or counter claim:- A written statement pleading a set off or counter – claim shall be chargeable with fee in the same manner as a plaint.

 

9. Documents falling under two or more descriptions:- Subject to the provisions of the last preceding section, a document falling within two or more descriptions in the Act shall, where the fees chargeable thereunder are different, be chargeable only with the highest of such fees:

Provided that where one of such description is special and another general, the fee chargeable shall be the fees appropriate to the special description.

CHAPTER III

DETERMINATION OF FEE

10. Statement of particulars of subject matter of suit and plaintiff’s valuation thereof:- In every suit in which the fee payable under this Act on the plaint depends on the market value of the subject matter of the suit, the plaintiff shall file with the plaint a statement in the prescribed form, of particulars of the subject matter of the suit and his valuation are contained in the plaint.

 

          11. Decision as to proper fee in Courts:- (1) In every suit instituted in any court, the court shall before ordering the plaint to be registered, decide of the materials any allegations contained in the statement if any, filed under section 10 the proper fee payable thereon, the decision being however subject to review, further review and correction in the manner specified in the succeeding sub-sections.

(2) Any defendant may by this written statement filed before the first hearing of the suit or before evidence is recorded on the merits of the claim, but subject to the next succeeding sub-section, not later, plead that the subject matter of the suit has not been properly valued or that the fee paid is not sufficient. All questions arising on such pleas shall be heard and decided before evidence is recorded affecting such defendant, on the merits of the claims. If the court decides, that the subject matter of the suit has been properly valued or that the fee paid is not sufficient, the court shall fix a date before which the plaint shall be amended in accordance with the court’s decision and the deficit fee shall be paid. If the plaint be not amended or if the deficit fee be not paid within the time allowed, the plaint shall be rejected and the court shall pass such order as it deems just regarding costs of the suit.

(3) A defendant added after issues have been framed on the merits of the claim may in the written statement filed by him, plead that the subject matter of the suit has not been properly valued or that the fee paid is not sufficient. All questions arising on such pleas shall be heard and decided before evidence is recorded affecting such defendant, on the merits of the claim, and if the court finds that the subject matter of the suit has not be properly valued or that the fee paid is not sufficient the court shall follow the procedure laid down in sub-section(2).

Explanation:- Nothing in this sub-section shall apply to a defendant added as a successor or a representative in interest of a defendant who was on record before issues were framed on the merits of the claim and who had an opportunity to file a written statement pleading that the subject matter of the suit was not properly valued or that the fee paid was not sufficient.

(4) (a) Whether a case comes up before a court of appeal it shall be lawful for the court either on its own motion or on the application of any of the parties, to consider the correctness of any order passed by the lower court affecting the fee payable on the plaint or in any other proceeding in the lower court and determine the proper fee payable thereon.

Explanation:- A case shall be deemed to come before a court of appeal even if the appeal relates only to a part of the subject matter of the suit.

(b)          If the court of appeal decides that the fee paid in the lower court is not sufficient the court shall require the party liable to pay the deficit fee within such time as may be fixed by it.

(c)          If the deficit fee is not paid within the time fixed and the default is in respect of a relief which has been dismissed by the lower court and which the appellant seeks in appeal, the appeal shall be dismissed, but if the default is in respect of a relief which has been decreed by the lower court the deficit fee shall be recoverable as if it were an arrear of land revenue.

(d)          If the fee paid in the lower court is in excess, the court shall direct the refund of the excess to the party who is entitled to it.

(5) All questions as to value for the purpose of determining the jurisdiction of courts arising on the written statement of a defendant shall be heard and decided before evidence is recorded affecting such defendant, on the merits of the claim.

Explanation:- In this section the expression ‘merits of the claim’ refers to matters which arise for determination in the suit, not being matters relating to the frame of the suit, misjoinder of parties and causes of action, the jurisdiction of the court to entertain or try the suit or the fee payable, but inclusive of matters arising on pleas of resjudicata, limitation and the like.

12. Additional fee on issues framed:- Where a party becomes liable to pay additional fee by reason of an issue framed in the suit, the provisions of the last foregoing section shall apply to the determination and levy of such additional fee subject to the modification that where the party liable does not pay such additional fee within the time allowed, the court shall strike off the issue and proceed to hear and decide the other issues in the case.

 

          13. Relinquishment of portion of claim:- A plaintiff who has been called upon to pay additional fee may relinquish a part of his claim and apply to have the plaint amended so that the fee paid would be adequate for the claim made in the plaint as amended. The court shall allow such application on such terms as it considers just and shall proceed to hear and decide the claim made in the plaint as amended, provided that the plaintiff shall not be permitted at any later stage of the suit to add to the claim the part so relinquished.

14. Fees payable on written statements:- Where fee is payable under this Act on a written statement filed by a defendant, the provisions of the Section 11 shall apply to the determination and levy of the fee payable on such written statement, the defendant concerned being regarded for the said purpose as the plaintiff and the plaintiff or the co-defendant or the third party, against whom the claim is made being regarded as the defendant.

 

          15. Fee payable on appeals, etc:- The provisions of Sections 10 to 13 relating to the determination and levy of fee o plaints in suits shall apply mutatis mutandis to the determination and levy of fee in respect of a memorandum of appeal, cross objection or other proceeding in second appeal.

 

          16. Fee payable on petitions, applications, etc:- The provisions of Sections 10 to 13 shall apply mutatis mutandis to the determination and levy of fee in respect of petitions, applications and other proceedings in courts in the same way as they apply to the determination and levy of fee on plaints in suits.

17. Court fee examiners:- (1) The High Court may depute officers to be designated Court-Fee Examiners to inspect the records of subordinate courts with a view to examine the correctness or representation made to, and orders passed by, courts on questions relating to valuation of subject matter and sufficiency of fee in respect of proceedings in such courts.

(2) Questions raised in reports submitted by such Court-fee Examiners and relating to any suit, appeal or other proceeding pending in a court shall be heard and decided by such court; and for the avoidance of doubt it is hereby declared that in hearing and deciding a question raised in any such report, it shall be lawful for the court to review an earlier decision given by the court on the same question.

18. Inquiry and commission:- For the purpose of deciding whether the subject-matter of a suit or other proceeding has been properly valued or whether the fee paid is sufficient, the court may hold such inquiry as it considers proper and may, if it thinks fit, 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.

19. Notice to the State Government:- In any inquiry relating to the fee payable on a plaint, written statement, petition, memorandum of appeal or other document, or to the valuation of the subject matter of the claim to which the plaint Written statement, petition, memorandum of appeal or other document relates, in so far as such valuation affects the fee payable, the court may, if it considers it just or necessary to do so, give notice to the State Government together with a copy of any of the documents aforesaid; and where such notice is given, the State Government shall be deemed to be a party to the suit or other proceedings as respects the determination of the question or questions aforesaid; and the court’s decision on such question or questions shall, when it passes a decree or final order in such suit or proceeding, be deemed to form part of such decree or final order.

CHAPTER IV

COMPUTATION OF FEE

20. Fee how reckoned:- The fee payable under this Act shall be determined or computed in accordance, with the provisions of this Chapter, Chapter VI, Chapter VIII and Schedules I and II.

 

          21. Suits for money:- In a suit for money (including a suit for damages or compensation, or arrears of maintenance, of annuities, or of other sums payable periodically) fee shall be computed on the amount claimed:

22. Suits for maintenance and annuities:- In the suits hereinafter mentioned, fee shall be computed as follows:-

(a)          in a suit for maintenance, on the amount claimed to be payable for one year;

(b)          in a suit for enhancement or reduction of maintenance, on the amount by which the annual maintenance, is sought to be enhanced or reduced;

(c)          in a suit for annuities or other sums payable periodically, on five times the amount claimed to be payable for one year.

Provided that, where the annuity is payable not less than five years, the fee shall be computed on the aggregate of the sums payable.

Provided further that a suit for enhancement of maintenance shall be instituted in a court which will have jurisdiction to receive a suit for maintenance at the enhancement rate claimed and one for reduction of maintenance shall be instituted in a court which will have jurisdiction to receive a suit for maintenance at the rate which is sought to be reduced.

23. Suits for movable property:- (1) In a suit for movable property other than documents of title, fee shall be computed:-

(a)          Where the subject matter has a market value, on such value; or

(b)          Where the subject matter has no market value on the amount at which the relief sought is valued in the plaint:

Provided that where the suit is for goods pledged as security for payment of a debt, the fee shall be computed on the amount of debt.

(2)          (a)  In a suit for possession of documents of title, fee

shall be computed on one-eighth of the amount or of the market value of the property secured by the document:-

(i)  Where the plaint alleges denial of the plaintiff’s title

to the money or the property secured by the

document; or

(ii) Where an issue is framed regarding the plaintiff’s

title to the money or the property secured by the

document:

Provided that where the allegation in the plaint or the issue framed relates only to a portion of the amount or property, fee shall be computed on one-eighth of such portion of the amount or on one-eighth of the market value of such portion of the property.

(b)  In a suit for possession of documents of title where

the plaintiff’s title to the money or the property

secured by the document is not denied, fee shall be

computed on the amount at which the relief sought is

valued in the plaint.

Explanation:- The expression “document of title” means a document which purports or operates to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, in any property.

24. Suits for declaration:- In a suit for declaratory decree or order whether with or without consequential relief, not falling under Section 25.-

(a)          Where the prayer is for a declaration and for possession of the property to which the declaration relates, fee shall be computed on the market value of the property or on rupees [one thousand] whichever is higher.

(b)          Where the prayer is for a declaration and for consequential injunction and the relief sought is with reference to any immovable property, fee shall be computed on one-half of the market value of the property or on rupees [one thousand] whichever is higher;

(c)          [(***)]

(d)          In other cases, whether the subject matter of the suit is capable of valuation or not, fee shall be computed on the amount at which the relief sought is valued in the plaint or on [rupees one thousand] whichever is higher.

25. Adoption suits:- In a suit for a declaration in regard to the validity or invalidity of an adoption or the factum of an adoption, fee shall be payable at the following rates

(a)          (xxx) in a court of Munsiff;

(xxx) when the market value                                 Rupees

of the property involved in or                                Twenty

affected by the relief does                                      Five

not exceed Rs.5000.

(b)      In a court of Munsiff, when                                  Rupees one

the market value of the                                         hundred

property involved in or affected                             ifthe market

       by the relief exceed                                               value of the

Rs.5000; and                                                        property

involved in

the affected

or by the

relief is

Rs.15,000

or less and

rupees two

hundred

and fifty if

it above

Rs.15,000

(ii) In any court other than the courts specified (a)(xxx)

26. Suit for injunction:- In a suit for injunction –

(a)          Where the relief sought is with reference to any immovable property : and

(i)           Where the plaintiff alleges that his title to the property is denies; or

(ii)          Where an issue is framed regarding the plaintiff’s title to the property.

Fee shall be computed on one-half of the market value  of the property or on [Rupees one thousand] whichever is higher.

(b)      [***]

(c)      in any other case, whether the subject-matter of the suit has a market value of not, fee shall be computed on the amount at which the relief sought is valued in the pliant or on [Rupees one thousand] whichever is higher.

27. Suits relating to trust property:- In a suit for possession or joint possession of trust property or for a declaratory decree, whether with or without consequential relief in respect of it, between trustees or rival claimants to the office of trustee or between a trustee and a person who has ceased to be trustee, fee shall be computed on one fifth of the market value of the property subject to a maximum fee of rupees two hundred or where the property has no market value on rupees one thousand:

Provided that, where the property does not have a market value, fo the purpose of determining the jurisdiction of courts shall be such amount as the plaintiff shall state in the plaint.

Explanation:- For the purpose of this section, property comprised in Hindu, Muslim or other religious or charitable endowment shall be deemed to be trust property and the manager of any such property shall be deemed to be the trustee thereof.

28. Suits for possession under the Specific Relief Act 1877:- In a suit for possession of immovable property under section 9 of the Specific Relief Act, 1877 (Central Act 1 of 1877), fee shall be computed on one-half of the market value of the property or on [rupees one thousand] whichever is higher.

29. Suits for possession not otherwise provided for:- In a suit for possession of immovable property not otherwise provided for fee shall be computed on the market value of the property or on [rupees one thousand] whichever is higher.

30. Suits relating to Easements:- In a suit relating to an easement, whether by the dominant or the servient owner, fee shall be computed on the amount at which the relief sought is valued in the plaint, which amount shall in no case be less than [Rupees one thousand]:

Provided that, where compensation is claimed besides other relief to such easement, fee shall be paid on the amount claimed as compensation in addition to the fee payable on such other relief.

31. Pre-emption suits:- In a suit to enforce a right of pre-emption, fee shall be computed on the amount of the consideration for the sale which the pre-emptor seeks to avoid or on the market value, whichever is earlier.

32. Suits relating to mortgages:- (1) In a suit to recover the money due on a mortage, fee shall be computed on the amount claimed.

Explanation:- It is immaterial that sale of the mortgaged property is not prayed for.   

(2) Where, in such a suit, the holder or a prior mortgage or charge  is impleaded and he prays in his written statement that the amount due on this mortgage or charge be determined and that the decree contain, a direction for the payment of such amount to him fee shall be payable on the written statement computed on the amount claimed:

Provided that, where the holder of the mortgage or charge has paid a fee in any other proceeding on the claim to which his written statement relates credit shall be given for the fee paid by him in such other proceeding.

(3) Where, in such a suit, the mortgaged property is sold and the holder of a prior or subsequent mortgaged or charge applies for payment to him, out of the sale proceeds, of the amount due on his mortgage or charge, such holder of the prior or subsequent mortgaged or charge shall pay on his application a fee computed on the amount claimed by him:

Provided that, where such holder of the mortgage or chare is a party to the suit in which the sale was held and has paid fee on the written statement filed by him in the suit. No fee shall be payable by him on the application for payment out of the sale proceeds:

Provided further that, where the holder of the mortgage or charge, not being a party to the suit in which the sale is held, has paid a fee in any other proceeding on the claim to which his application relates, credit shall be given for the fee paid by him in such other proceeding.

(4) In a suit by a co-mortgagee for the benefit of himself and the other co-mortgagee fee shall be computed on the amount claimed on the entire mortgage:

Provided that, where a co-mortgagee impleaded as defendant in such suit claims on the entire mortgage a larger sum than is claimed in the plaint, the difference between the fee computed on the entire sum claimed in such defendant’s written statement and the fee computed on the entire sum claimed in the plaint shall be payable on the written statement.

Explanation:- Nothing in this sub-section shall be construed as affecting the law of limitation.

(5) (a) In a suit by a sub-mortgagee to recover the amount claimed

on the sub-mortgage by sale of the mortgagee’s interest in the mortgagee’s interest in the mortgaged property, fee shall be computed on the amount claimed under the sub-mortgage.

(b) In a suit by a sub-mortgagee, if the prayer is for the sale of

the property mortgaged to the original mortgagee and the

original mortgagor is also impleaded as a defendant fee shall

be computed on the entire amount claimed on the original

mortgage which is sub-mortgaged to him.

(6) Where the holder of a prior or subsequent mortgage or charge is impleaded in a suit by a co-mortgage to which sub-section (4) applies or in a suit by a sub-mortgagee to which sub-section (5) applies, the provisions of sub-section(2) and (3) shall apply mutatis mutandis to a written statement or an application filed by such holder of mortgage or charge.

(7) Where the original mortgage who is impleaded in a suit to which the provisions of sub-section (5)(b) apply claims on the mortgage sub-mortgage by him a larger amount than is claimed in the plaint, the provisions of sub-section (4) shall apply mutatis mutandis to the written statement of such mortgagor.

(8) In a suit against a mortgagee for redemption of a mortgage fee shall be computed on the amount due to the mortgagee as stated in the pliant or on one fourth of the principal amount secured under the mortgage, whichever is higher.

Provided that, where the amount due on the mortgage is found to be more than the amount on which fee has been paid by the plaintiff, no decree shall be passed until the deficit fee is paid.

Provided further that, in the case of a usufructuary or anomalous mortgage, if the plaintiff prays for redemption as well as for accounts of surplus profits, fee shall be levied separately on the relief for accounts as in a suit for accounts.

(9) In a suit by a mortgagee to foreclose the mortgage or, where the mortgage is made by conditional sale, to have the sale declared absolute, fee shall be computed on the amount claimed in the plaint by way of principal and interest.

33. Suits for accounts:- (1) In a suit for accounts, fee shall be computed on the amount sued for as estimated in the plaint.

(2) Where the amount payable to the plaintiff as ascertained in the suit is in excess of the amount as estimated in the plaint. No decree directing payment of the amount as so ascertained shall be passed until the difference between the fee actually paid and the fee that would have been payable had the suit comprised the whole of the amount so ascertained, is paid. If the additional fee is not paid within such time as the court may fix, the decree shall be limited to the amount to which the fee paid extends.

(3) Where in any such suit it is found that any amount is payable to the defendant, no decree shall be passed in his favour until he pays the fee due on the amount.

34. Suits for dissolution of partnership:- (1) In a suit for dissolution of partnership and accounts or for accounts of dissolved partnership fee shall be computed on the value of the plaintiff’s share in the partnership as estimated by the plaintiff.

(2) If the value of the plaintiff’s share as ascertained in the suit exceeds the value as estimated in the plaint, no decree, or where there has been a preliminary decree, no final decree shall be passed in favour of the plaintiff, no payment shall be made out of the assets of the partnership and no property shall be allotted as for the plaintiff’s share until the difference between the fee actually paid and the fee that would have been payable had the suit comprised the whole of the value so ascertained is paid.

(3) No final decree shall be passed, no money shall be paid and no allotment of property shall be made in favour of a defendant in any such suit as, for or on account of his share of the assets of the partnership, until the fee computed of the amount or value of his share of the assets of the partnership is paid.

35. Partition suits:- (1) In a suit for partition and separate possession of a share of joint family property or of property owned, jointly or in common, by a plaintiff whose title to such property is denied, or who has been excluded from possession of such property, fee shall be computed on the market value of the plaintiff’s share.

(2) In a suit for partition and separate possession of joint family property or property owned, jointly or in common, by a plaintiff who is in joint possession of such property, fee shall be paid at the following rates:

Rupees fifteen if the value of plaintiff’s

share is Rs.30,000 or less.

Rupees thirty if the value is above

Rs.3,000 but not more than Rs.5,000

Rupees one hundred if the value is

Above Rs.5,000 but below Rs.10,000 and

Rupees two hundred if the value is

Rs.10,000 and above

(3) Where, in a suit falling under sub-section (1) or sub-section (2) a defendant claims partition and separate possession of his share of the property, fee shall be payable on his written statement computed on half of the market value of his share or at half the rates specified in sub-section (2), according as such defendant has been excluded from possession or is in joint possession.

(4) Where, in a suit falling under sub-section (1) of sub-section (2) the plaintiff or the defendant seeks cancellation of decree or other document of the nature specified in Section 38 separate fee shall be payable on the relief of cancellation in the manner specified in that section.

36. Suits for joint possession:- In a suit for joint possession of joint family property or of property owned jointly or in common by a plaintiff, who has been excluded from possession, fee shall be computed on the market value of the plaintiff’s share.

37. Administration Suits:- (1) In a suit for the administration of an estate, fee shall be levied on the plaint at the rates specified in Section 47.

(2) Where any amount or share or part of the assets of the estate is found due to the plaintiff, and the fee computed on the amount or the market value of such share or part of the assets exceeds the fee paid on the plaint, no payment shall be made and no decree directing payment of money or confirming title to such share or part of the assets shall be passed until the difference between the fee actually paid and the fee computed on the amount, or value of the property is paid.

(3) No payment shall be made no decree directing payment of money or confirming title to any share or part of the assets of the estate shall be passed in favour of a defendant in a suit for administration, until the fee computed on the amount or value of such share or part of such assets is paid by such defendant.                 

38. Suits for cancellation of decrees, etc:- (1) In a suit for cancellation of a decree for money or other property having a money value, or other document which purports or operates  to create, declare, assign, limit or extinguish, whether in present or in future, any right title or interest in money, movable or immovable property, fee shall be computed on the value of the subject matter of the suit, and such value shall be deemed to be.

If the whole decree or other document is sought to be cancelled, the amount or value of the property for which the decree was passed or other document was executed.

If a part of the decree or other document is sought to be cancelled, such part of the amount or value of the property.

(2) If the decree or other document is such that the liability under it cannot be split up and the relief claimed relates only to a particular item of property belonging to the plaintiff or to the plaintiff’s share in any such property, fee shall be computed on the value of such property or share on the amount of the decree, whichever is less.

Explanation 1: A suit to set aside an award shall be deemed to be a suit to set aside a decree within the meaning of this section.

Explanation 2: In a suit for cancellation of a decree and possession of any property the fee shall be computed as in a suit for possession of such property.

39. Suits to set aside attachment, etc: (1) In a suit to set aside an attachment by a civil or revenue court of any property; movable or immovable, or of any interest therein or of any interest in revenue, or to set aside an order passed on an application made to set aside the attachment, fee shall be computed on one fourth of the market value of the attached property in respect of which the suit is instituted or on the amount for which the property was attached, whichever is less.

Explanation: For the purpose of this section, the Registrar of Cooperative Societies shall be deemed to be civil court.

40. Suits for specific performance:- In a suit for specific performance, whether with or without possession, fee shall be payable.

(a)          In the case of a contract of sale, computed on the amount of the consideration;

(b)          In the case of a contract of mortgage, computed on the amount agreed to be secured by the mortgage;

(c)          In the case of a contract of lease, computed on the aggregate amount of the fine or premium, if any and of the average of the annual rent agreed to be paid;

(d)          In the case of a contract of exchange, computed on the amount of the consideration, or as the case may be, on the market value of the property sought to be got in exchange.

(e)          in other cases, where the consideration for the promise sought to be enforced has a market value, computed on such market value or where such consideration has no market value, at the rates specified in Section 47.

 

41. Suits between landlord and tenant:- (1) In the following suits between landlord and tenant in civil courts, namely-

(a)          For the delivery by a tenant of the counterpart of a lease or for acceptance of patta in exchange for muchalika;

(b)          For enhancement of rent;

(c)          For the delivery by a landlord of a lease or for obtaining a patta in exchange for a muchalika;

(d)          For recovering occupancy or immovable property from which a tenant has been illegally ejected by the landlord;

(e)          For establishing or disproving a right of occupancy;

Fee shall be levied on the amount of rent for the immovable property to which the suit relates, payable for the year next before the date of presenting the pliant.

(2) In a suit for recovery of immovable property from a tenant including a tenant holding over after the termination of a tenancy, fee shall be computed on the premium, if any, and on the rent payable for the year next before the date of presenting the plaint.

Explanation:- Rent includes also damages for use and occupation payable by a tenant holding over.

42. Suits for mesne profits:- (1) In a suit for mesne profits or for immovable property and mesne profits, fee shall in respect of mesne profits be computed, where the amount is stated approximately and, sued for, on such amount. If the profits ascertained to be due to the plaintiff are in excess of the profits as approximately estimated and sued for, no decree shall be passed until the difference between the fee actually paid and the fee that would have been payable had the suit comprised the whole of the profits so ascertained is paid.

(2) Where a decree directs an enquiry as to the mesne profits which have accrued on the property, whether prior or subsequent to the institution of the suit, no final decree shall be passed till the difference between the fee actually paid and the fee which would have been payable had the suit comprised the whole of the profits accrued due till the date of such decree is paid.

(3) Where for a period subsequent to the date of the decree or final decree, such decree or final decree directs payment of mesne profits of a specific rate, such decrees or final decree shall not be executed until the fee computed on the amount claimed in execution has been paid.

43. Suits to alter or cancel entry in revenue registers and certain suits, in Revenue Courts:- (1) In a suit to alter or cancel any entry in a revenue or survey register or records of the names of proprietors or revenue-paying estate, the fee payable shall be [fifty] rupees.

(2) In suits in revenue courts relating to a village office, the fee payable shall be [fifty] rupees.

(3)xxxxx.

(4)xxxxx

44. Suits relating to public matters:- In a suit for relief under Section 14 of the Religious Endowments Act, 1863 (Central Act XX of 1863), or under Section 91 or Section 92 of the Code of Civil Procedure 1908 (Central Act V of 1908),

[or under Section 50 of the Bombay Public Trusts Act, 1950 (Bombay Act XXIX of 1950)]

the fee payable shall be fifty rupees].

 

45. Interpleader suits:- (1) In an interpleader suit, fee shall be payable on the plaint at the rates specified in Section 47.

(2) Where issues are framed as between the claimants, fee shall be payable computed on the amount of the debt or the money or the market value of other property, movable or immovable, which forms the subject matter of the suit. In levying such fee credit shall be given for the fee paid on the plaint: and the balance of the fee shall be paid in equal shares by the claimants who claim the debt or the sum of money or the property adversely to each other.

(3) Value for the purpose of determining the jurisdiction of court shall be the amount of the debt, or the sum of money or the market value of other property to which the suit relates.

 

46. Third party proceedings:- In third party proceedings, fee shall be levied on one-half on the value of the contribution or indemnify claimed against a third party or against a co-defendant if a claim is made against him:

 

Provided that, if the suit against the defendant who has filed the third party notice is dismissed, wholly or in part, he shall be entitled to a refund of the whole or a proportionate part of the fee paid by him.

 

Explanation: The provisions of this Section shall also apply to counter claims made in third party proceedings.

 

47. Suits not otherwise provide for:- In suits not otherwise provided for, fee shall be payable at the following rates-

 

(i) In a Revenue Court                       [Rupees Fifty]

(ii)In any Civil Court                         Rupees Twenty if the value

of the subject matter is

Rs.500 or less;

 

                                                                    Rupees one hundred if

the value is above Rs.5,000

but below Rs.10,000: and

 

Rupees two hundred if the

value is above Rs.10,000

 

48. Fee on memorandum of appeal against decision award, or order relating to compensation:-  The fee payable under this Act on a memorandum of appeal against a decision or an award or order relating to compensation under any Act for the time being in force for the acquisition of property for public purpose shall be computed on the difference between the amount awarded and the amount claimed by the appellant.

 

Explanation:- For the purpose of this section the expressions of “amount awarded” and “amount claimed” include any other additional sum payable in accordance with the law providing for acquisition in consideration of the compulsory nature of the acquisition.

 

49. Appeals:- [Save as provided in Section 48 the fee payable in an appeal shall be the same as the fee that would be payable in the court of first instance on the subject matter of the appeal.

 

Provided that in levying fee in a memorandum of appeal against a final decree by a person whose appeal against the preliminary decree passed by the court of first instance or by the court of appeal is pending, credit shall be given for the fee paid by such person in the appeal against the preliminary decree.

 

Explanation (1): Whether the appeal is against the refusal of a relief or against the grant of the relief, the fee payable in the appeal shall be the same as the fee that would be payable on the relief in the court of first instance.

 

Explanation (2): Costs shall not be deemed to form part of the subject matter of the appeal except where such costs form themselves the subject matter of the appeal or relief is claimed as regards costs on grounds additional to or independent of the relief claimed regarding the main subject matter in the suit.

 

Explanation (3): In claims which include the award of interest subsequent to the institution of the suit, the interest accrued during the pendency of the suit till the date of decree shall be deemed to be part of the subject matter of the appeal except where such interest is relinquished.

 

Explanation (4): Where the relief prayed for in the appeal is different from the relief prayed for or refused in the court of first instance, the fee payable in the appeal shall be the fee that would be payable in the court of first instance on the relief prayed for in the appeal.

 

          Explanation (5): Where the market value of the subject matter of the appeal has to be ascertained for the purpose of computing or determining the fee payable, such market value shall be ascertained as on the date of presentation of the plaint.

 

CHAPTER V

VALUATION OF SUITS

 

50. Suits not otherwise provided for:- (1) In a suit as to whose value for the purpose of determining the jurisdiction of courts, specific provision is not otherwise made in this Act or in any other law, value for that purpose of computing the fee payable under this Act shall be the same.

 

[Provided that notwithstanding anything contained in sub-section (2) of Section 7, the value of land specified in clauses (a), (b) or (c) of the said sub-section shall, for purposes of determining the jurisdiction of courts, be the market value of such land].

 

(2) In a suit where fee is payable under this Act at a fixed rate, the value for the purpose of determining the jurisdiction of courts shall be the market value or where it is not possible to estimate it at a money value such amount as the plaintiff shall state in the plaint.

 

51. Procedure where objection is taken on appeal or revision that a suit or appeal was not properly valued for jurisdictional purposes:- (1) Notwithstanding anything contained in Section 99 of the Code of Civil Procedure, 1908 (Central Act V of 1908) an objection that by reason of the over valuation or under valuation of a suit or appeal, a court of first instance or lower appellate court which had no jurisdiction with respect to the suit or appeal exercised jurisdiction with respect thereto shall not be entertained by an appellate court unless-

(a)          the objection was taken in the court of first instance at or before the hearing at which issues were framed and recorded or in the lower appellate court in the memorandum of appeal to the court; or

(b)          the appellate court is satisfied for reasons to be recorded by it in writing that the suit or appeal was over valued or under valued and that the over valuation or under valuation thereof has prejudicially affected the disposal of the suit or appeal on its merits.

(2) If the objection was taken in the manner mentioned in clause (a) of sub-section (1), but the appellate court is not satisfied as to both the matters mentioned in clause (b) of that sub-section and has before it the materials necessary for the determination of the other grounds of appeal to itself, it shall dispose of the appeal as if there had been no defect of jurisdiction in the court of first instance or lower appellate court.

(3) If the objection was taken in that manner and the appellate court is satisfied as to both those matters and has those materials before it, it shall proceed to deal with the appeal under the rules applicable to the court with respect to the hearing of appeals; but if it remands the suit or appeal, or frames and refers issues for trial, or requires additional evidence to be taken, it shall direct its orders to a court competent to entertain the suit or appeal.

(4) The provisions of this section with respect to an appellate court shall, so far as they can be made applicable apply to a court exercising revisional jurisdiction under Section 115 of the Code of Civil Procedure, 1908 (Central Act V of 1908), or other enactment for the time being in force.

 

CHAPTER VI

PROBATES, LETTERS OF ADMINISTRATION AND CERTIFICATES OF ADMINISTRATION

 

          52. Application for probate or letters of administration:- (1) Every application for the grant of probate or letters of administration shall be accompanied by a valuation of the estate in duplicate in the Form set forth in Part I of Schedule – III.

(2) On receipt of such application the court shall send a copy thereof and of the valuation to the Deputy Commissioner of the District in which the estate is situated or if the estate is situated in more than one District, to the Deputy Commissioner of the District in which the most valuable portion of the immovable property included in the estate is situated.

 

(53). Levy of fee:- (1) The fee chargeable for the grant of probate or letters of administration shall comprise-

(a)  Where the application is made within one year of the date of death of deceased, on the market value of the estate on such date; or

(b)  Where the application is made after the expiry of one year from such date, on the market value of the estate on the date of the application:

 

Provided that property held in trust not beneficiary or with general power to confer a beneficial interest shall not be liable to any fee under this Chapter.

 

Explanation: Any member of a joint Hindu Family governed by the Mitakashara Law who applies for probate or letters of administration in respect of the estate of the deceased member of the joint family shall pay a fee on the value of the share in the joint property which the deceased would have received if a partition of the property had been made immediately before his death.

 

(2) For the purpose of the computation of fee,

 

(a)  the value of the items mentioned in Annexure B to Part I of Schedule III shall be deducted from the value of the estate.

 

Provided that, when an application is made for probate or letters of administration in respect of part only of an estate, no debt, no expenses connected with any funeral rites or ceremonies and no mortgage encumbrance on any part of the estate other than that in respect of which the application is made shall be deducted.

 

Provided further that when, after the grant of a certificate under Part X of the Indian Succession Act 1925, (Central Act XXXIX of 1925), or under Bombay Regulation 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 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;

(b)  the power of appointment which the deceased had over a property or which was created under a will shall be taken into account, the value being taken to be the value of the property forming the subject-matter of the power.

 

54. Grant of Probate:- The grant of probate or letters of administration shall not be delayed by reason of the reference to the Deputy Commissioner under sub-section(2) of Section 52, or of a motion by the Deputy Commissioner under sub-section(5) of Section 56; but the court shall make no grant of probate or letters of administration until it is satisfied that a fee not less than that prescribed by this Act has been paid on the  basis of the net value of the estate as furnished in the valuation accompanying the application, or in the amended valuation filed under sub-section (3) of Section 56;

 

Provided that the court may grant probate or letters of administration notwithstanding that the prescribed fee has not been paid to the Administrator General in his official capacity on his giving an undertaking to the satisfaction of the court that the said fee will be paid within such time as may be fixed by the court.

 

55. Relief in cases of several grants:- (1) Whenever a grant of probate or letters of administration has been made in respect of the whole of the property belonging to an estate and the full fee payable under this Act in respect of the application for such grant has been paid thereon, no fee shall be payable when a like grant is made in respect of the whole or any part of the same property belonging to the same estate.

(2) Whenever such grant has been made in respect of an property forming part of an estate, the amount of fee actually paid under this Act in respect thereof shall be deducted when a like grant is made in respect of the property belonging to the same estate indentical with or including the property to which the former grant relates.

 

56. Inquiry by the Deputy Commissioner:- (1) The Deputy Commissioner to whom a copy of the application and of the valuation has been sent under sub-section (2) of Section 52, shall examine the same and may make or cause to be made by any officer subordinate to him such inquiry, if any, as he thinks fit as to the correctness of the valuation or, where a part only of the property is situated in his District, of the valuation of that part, and may require the Deputy Commissioner of any other District in which any part of the property is situated to furnish him with the correct valuation thereof.

(2) Any Deputy Commissioner required under sub-section (1) to furnish the correct valuation of any property shall comply with the requisition after making or causing to be made by any officer subordinate to him such inquiry, if any, as he thinks fit.

(3) If the Deputy Commissioner is of opinion, that the applicant has underestimated the value of the property of the deceased, he may, if he thinks fit, require the attendance of the applicant, either in person or by his 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 to amend the valuation, and, if the application for probate or letters of administration is pending in court, to file a copy of the amended valuation in such court.

(4) If any such case, the probate or letters of administration has or have been granted and the applicant amends the valuation to the satisfaction of the Deputy Commissioner and the Deputy Commissioner finds that a less fee has been paid than was payable according to the true value of the estate, the excess fee shall be refunded to the applicant.

(5) If the applicant does not amend the valuation to the satisfaction of the Deputy Commissioner, the Deputy Commissioner 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 on which the Deputy Commissioner is informed by the court of the inventory] required by section 317 of the Indian Succession Act, 1925 (Central Act XXXIX of 1925).

 

57. Application to court and power of court:- (1) The court shall when moved by the Deputy Commissioner under sub-section (5) of Section 56 hold or cause to be held by any court or officer subordinate to it an inquiry as to the true value of which the estate of the deceased should have been estimated. The Deputy Commissioner shall be deemed to be a party to the inquiry.

(2) For the purpose of any such inquiry, the court, or the subordinate court or the officer authorised by the court to hold the inquiry, may examine the applicant on oath either in person or by commission, and may take such further evidence as may be produced to prove the true value of the estate, and where the inquiry has been entrusted to a subordinate court or officer, such court or officer shall return to the court the evidence take and report the result of the inquiry and such report and the evidence so taken shall be evidence in the proceedings.

(3) The court on the completion of the inquiry or on receipt of the report referred to in sub-section (2), as the case may be shall record a finding as to the true value at which the estate should have been estimated and such finding shall be final.

(4) The court may make such order in accordance with the provisions of the Code of Civil Procedure, 1908 (Central Act V of 1908) as to the cost of the inquiry as it thinks fit.

 

58. Provision for cases where too low a fee has been paid:- (1) Where too low a 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, applies to the Deputy Commissioner, in the Form set forth in Part II of Schedule III and pays within six months after the discovery of the mistake or of any effects not known at the time to have belonged to the deceased, what is wanting to make up the fee which ought to have been paid at first on such probate or letters the Deputy Commissioner shall, if satisfied that a low fee was paid in the first instance in consequence of a mistake and without any intention of fraud or to delay the payment of the proper fee, [cause the deficit fee to be recovered.]

(2) If, in a case falling under sub-section (1) the executor or administrator does not, within the six months referred to in that sub-section, pay the deficit fee, he shall forfeit a sum equal to five times the deficit fee.

(3) If, on application being made under sub-section (1), the Deputy Commissioner is not satisfied that the application was made within six months of the discovery of the mistake or of further effects not included in the original valuation or that the payment of a low fee in the first instance was not due to a bonafide mistake, he shall cause the probate or letters to be duly stamped on payment of the deficit fee together with a penalty not exceeding five times such fee.

(4) If, after the grant of probate or letters of administration of an estate, if is found by the Deputy Commissioner as a result of proceedings under Section 56 or Section 57 or otherwise, that a less fee has been paid than was payable according to the true value of the estate, he shall cause the probate or letters to be properly stamped on payment of the deficit fee, and if he is satisfied that the original under valuation was not bona fide he shall levy in addition a penalty not exceeding five times the deficit fee.

(5) The Chief Controlling Revenue Authority may remit the whole or any part of the amount forfeited under Sub-Section (2) or of any penalty under sub-section (3) or sub-section (4).

 

59. Administrator to give proper security [xxxxx] :- In case of letters of administration on which too low a fee has been paid at first, the Deputy Commissioner shall not cause the same to be duly stamped in the 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 estate of the deceased had been then ascertained.

 

60. Relief when too high a fee has been paid:- (1) If, at any time after the grant of the probate or letters of administration of an estate, it is discovered that a higher fee has been paid than was payable according to the true value of the estate the executor or the administrator, as the case may be, may apply for a refund to the Deputy Commissioner to whom a copy of the valuation of the estate was sent under sub-section (2) of Section 52. The application shall be accompanied by an amended valuation in the Form set forth in Part II of schedule III together with the probate or letters of administration upon which a refund is sought.

 

(2) If the Deputy Commissioner is satisfied that the amended valuation is correct, he shall refund the difference between the fee originally paid and that which should have been paid endorse a certificate accordingly on the  probate or letters of administration

Provided that no refund shall be granted under this section unless the application for refund is made within three years of the date of the grant of the probate or letters of administration or within such further period as the Deputy Commissioner may allow.

 

If, by reason of any legal proceedings, 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 period of three years, the Deputy Commissioner may allow such further time for making the claim as may appear to him to be reasonable under the circumstances.

 

If the Deputy Commissioner does not grant a refund the executor or administrator as the case may be, may apply to the Chief Controlling Revenue Authority for an order of refund. An application for such refund should be accompanied by an amended valuation in the Form set forth in Part II of Schedule III.

 

61. Recovery of penalties etc:-  Any excess fee found to be payable by an applicant for probate or letters of administration or by an executor or administrator, or any costs under sub-section (4) of Section 47 or any penalty or forfeiture payable by any such executor or administrator 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.

 

62. Powers of Chief Controlling Revenue Authority:- The powers and duties of the Deputy Commissioner under this Chapter shall be subject to the Control of the Chief Controlling Revenue Authority.

 

CHAPTER VII

 

REFUNDS AND REMISSIONS

 

63. Refund in case of delay in presentation of plaint etc:- (1) Where a plaint or memorandum of appeal is rejected on the ground of delay in its [representation] or where the fee paid on a plaint or memorandum of appeal is deficient ad the deficiency is not made good, within the time allowed by law or granted by the court, or the delay in payment of the deficit fee is not condoned and the plaint or memorandum of appeal is consequently rejected, the court shall direct the refund to the plaintiff or the appellant, of the fee paid on the plaint or memorandum of appeal which has been rejected.

(2) Where a memorandum of appeal is rejected on the ground that is as not presented within the time allowed by the law of limitation, one-half of the fee shall be refunded.

 

          64. Refund in cases of Remand:- (1) Where a plaint or memorandum of appeal which has been rejected by the lower court is ordered to be received, or where a suit is remanded in appeal for a fresh decision by the lower court, the court making the order or remanding the appeal shall, where the whole decree is reversed and the suit is remanded, and may in other cases direct the refund to the appellant of the full amount of fee paid on the memorandum of appeal and, if the remand is on second appeal, also on the memorandum of appeal in the first appellate court.

(2) Where an appeal is remanded in second appeal for a fresh decision by the lower appellate court, the High Court remanding the appeal may direct the refund to the appellant of the full amount of the paid on the memorandum of second appeal:

Provided that no refund shall be ordered if the remand was caused by fault of the party who would otherwise be entitled to a refund.

 

Provided further that, if the order of remand does not cover the whole of the subject matter of the suit, the refund shall not extend to more than so much fee as would have been originally payable on that part of the subject matter in respect whereof the suit has been remanded.

 

65. Refund where court reverses or modifies former decision on ground of mistake:- Where an application for a review of judgement is admitted on the ground of some mistake or error apparent on the face of the record, and on the rehearing the court reverses or modifies its former decision on that ground, it shall direct the refund to the applicant of so much of the fee paid on the application as exceeds the fee payable on any other application to such court under Article II (g) and (t) of Schedule II.

 

66. Refund on settlement before hearing:- Whenever by a agreement of parties:-

 

(a) any suit is dismissed as settled out of Court before any evidence has been recorded on the merits of the claim;

 

or

 

(b) any suit is compromised ending in a compromise decree before any evidence has been recorded on the merits of the claim; or

 

(c) any appeal is disposed of before the commencement of hearing such appeal;

 

half the amount of all fees paid in respect of the claim or claims in the suit or appeal shall be ordered by the Court to be refunded to the parties by whom the same have been respectively paid.

 

Explanation: The expression “merits of the claim” shall have the meaning assigned to it in Section 11.

               

67. Refund of fee paid by mistake or inadvertence:- The fee paid by mistake or inadvertence shall be ordered to be refunded.

 

68. Instruments of partition:- Where the final decree in a partition suit has been engrossed on non-judicial stamps furnished by the penalties the court shall refund to the parties of so much of the valued fee paid by them as is equal to the value of the non-judicial stamps furnished by them.

 

69. Exemption of certain documents:- Nothing contained in this Act shall render the following documents chargeable with any fee:-

(i)           Mukhtarnarna, vakalatnama or other written authority to institute of defend a suit when executed by a member of any of the Armed forces of the Union not in Civil employment;

(ii)          Memorandum of appearance filed by advocates or pleaders when appearing for persons proceeded against in criminal cases;

(iii)        Plaints and other documents in suits filed in village courts;

(iv)         Application or petition to a Deputy Commissioner or other officer making a settlement of land revenue, or to the State Government relating to matters connected with the assessment of land, or with the ascertainment of rights thereto or interest therein, if presented previous to the final confirmation of such settlement;

(v)          Application relating to supply for irrigation of water belonging to Government;

(vi)         Application for leave to extend cultivation or to relinquish land, when presented to an officer of land revenue by a person holding, under a direct engagement with Government, land of which revenue is settled but not permanently;

(vii)       Application for service of notice of relinquishment of land or of enhancement of rent;

(viii)     Written authority to an agent to distrain;

(ix)        First application (other than a petition containing a 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 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;

(x)          Bail bonds in criminal cases, recognizances to prosecute or give evidence and recognizances for personal appearance or otherwise;

(xi)        Petition, application, charge or information respecting any offence when presented, made or laid to or before a police officer or to or before the heads of villages or the village police.

(xii)       Petition by a prisoner or other person in duress or under restraint of any court of its officer.

(xiii)     Complaint of a public servant as defined in the Indian Penal Code (Central Act XLV of 1860) or an officer of the State Railway:

(xiv)      Application for permission to cut and remove timber in Government forests or otherwise relating to such forests, not being applications from forest, contractors for extending the period of their leases;

(xv)       Application for the payment of money due by the Government to the applicant, other than an application for refund of lapsed deposit made six months after the date on which the amount lapsed to the Government.

(xvi)      Petition of appeal against any municipal tax.

(xvii)    Application for compensation under any law, for the time being in force relating to the acquisition of property for public purposes;

(xviii)  Petition under Section 48 of the Indian Christian Marriage Act, 1872 (Central Act XV of 1872)

(xix)     Petition or appeal by a Government servant or a servant of the Court of Wards when presented to any superior officer or Government against orders of dismissal reduction of suspension copies of such orders filed with such appeals and applications for obtaining such copies;

(xx)       Copy of record of rights filed with plaints or applications.

 

70. Power to reduce or remit fees:- (1) State Government may by notification in the Official Gazette, reduce or remit in the whole or any part of the State of Karnataka if in the opinion of the State Government it is necessary in public interest so to do the fee payable in respect of any particular class of documents or any of the documents belonging to such class, or any documents when filed, exhibited or recorded by or acted on at the instance of or furnished to, any particular class of persons or any members of such class; and may in like manner cancel or vary such notification].

(2) Every notification under sub-section (1) shall be laid as soon as may be after it is published in the Official Gazette before the State Legislative Assembly while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if before the expiry of that period the State Legislative Assembly makes any modification in the notification or directs that the notification shall not have effect; the notification shall thereafter have effect, only in such modified form or be of no effect, as the case may be.

 

CHAPTER VIII

MISCELLANEOUS

 

71. Collection of fees by stamps:- All fees chargeable under this Act may be paid,-

 

(i) in cash where the amount of fees is not more than rupees five hundred ;

(ii) in the Government Treasury or through a demand draft in the case the amount of fee is more than rupees five hundred.

 

72. Stamps to be impressed or adhesive: xxxxx]

 

73.  Amended document:- Where any document in respect of which fee is chargeable under this Act 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 fee’’.

 

74. xxxxxx

75. xxxxxx

76. xxxxxx

76-A. Legal Benefit Fund:- (1) Notwithstanding anything contained in this Act or any other law for the time being in force, it shall be competent for the State Government to levy an additional court-fee, by notification, in respect of appeals or revisions to tribunals or appellate authorities, other than Civil and Criminal courts, at a rate not exceeding one hundred rupees for each appeal or revision.

(2) There shall be constituted a legal benefit fund to which shall be credited the proceeds of the additional court fee levied and collected under sub-section (1).

(3) The fund constituted under sub-section (2), shall be applied and utilised for the purpose of providing an efficient legal service for the people of the State and to provide social security measures for the legal profession.

(4) The mode and manner in which legal service to the people may be made more efficient and social security measures for the legal profession may be provided, shall be as prescribed by rules made by Government.

 

SCHEDULE

 

(See Sections 9 and 16)

 

30 years’ standing as member of the Fund           30,000

29               do               do                                   29,000

28               do               do                                   28,000

27               do               do                                   27,000

26               do               do                                   26,000

25               do               do                                   25,000

24               do               do                                   24,000

23               do               do                                   23,000

22               do               do                                   22,000

21               do               do                                   21,000

20               do               do                                   20,000

19               do               do                                   19,000

18               do               do                                   18,000

17               do               do                                   17,000

16               do               do                                   16,000

15               do               do                                   15,000

14               do               do                                   14,000

13               do               do                                   13,000

12               do               do                                   12,000

11               do               do                                   11,000

10               do               do                                   10,000

9                 do               do                                     9,000

8                 do               do                                     8,000

7                 do               do                                     7,000

6                 do               do                                     6,000

5                 do               do                                     5,000

 

77. Power of High Court to make rules:- (1) The High Court may make rules to provide for or regulate all or any of the following matters, namely;

(a)          the fees payable for serving and executing processes issued by the High Court [***] and by the civil and criminal courts subordinate thereto:

(b)          the remuneration of persons employed by the courts mentioned in clause (a) in the service or execution of processes:

(c)          the fixing by District and Sessions Judge and District Magistrates of the number of process servers necessary to be employed for the service and execution of processes issued from their respective courts and the courts subordinate thereto;

(d)          the display in each court of a table in the English and in the local language or languages showing the fees payable for the service and execution of processes.

 

(2) All rules made under sub-section (1) shall be subject to confirmation by the State Government and on such confirmation shall be published in the Official Gazette and shall thereupon have the force of law.

 

78. Powers of State Government to make rules:- (1) The State Government may by notification in the Official Gazette, make rules to carry out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, rules may be made to provide for or regulate all or any of the following matter namely:-

(a)          the fees chargeable for serving and executing processes issued by the Karnataka Appellate Tribunal and by the Revenue Courts;

(b)          the remuneration of the persons necessary to be employed for the service and execution of such processes;

(c)          the fixing by Deputy Commissioners of the number of persons necessary to be employed for the service and execution of such process;

(d)          the guidance of Deputy Commissioners in the exercise of their powers under Chapter VI;

 

(3) All rules made under this Act shall be laid as soon as may be after they are made before the State Legislative Assembly while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if before the expiry of that period, the State Legislative Assembly makes any modification in the rules or directs that any rule shall not have effect the rules shall thereafter have effect only in such modified form or be of no effect as the case may be.

79. Repeal and Savings:- (1) The Court Fees Act 1870 (Central Act VI of 1870) in its application to the Belgaum Area, and the Coorg District, the Hyderabad Court Fees Act, 1324F (Hyderabad Act VI of 1324F) as in force in the Gulbarga area the Mysore Court Fees Act, 1900 (Mysore Act III of 1900 and Sections 11 and 17A of the Mysore Civil Court Act, 1883 (Mysore Act I of 1883), as in force in the Mysore area, in relation to the fees and stamps other than fees and stamps relating to documents presented or to be presented before an officer serving the Central Government, and the Suits Valuation Act, 1887 (Central Act VII of 1887), in its application to the Belgaum area, and the Coorg District, the Hyderabad Suits Valuation (For purposes of Jurisdiction) Act 1318F (Hyderabad Act IV of 1318 Fasli), as in force in the Gulbarga Area, and the Mysore Area, and the Madras Court Fees and Suits Valuation Act 1955 (Madras Act XIV of 1955) as in force in the Mangalore and Kollegal Areas are hereby repealed:

 

Provided that such repeal shall not affect:-

 

(a)          the previous operation of the said enactments or anything duly done or suffered thereunder; or

(b)          any right, privilege, obligation or liability acquired, accrued or incurred under the said enactments; or

(c)          any penalty, forfeiture or punishment incurred in respect of any offence committed against the said enactments; or

(d)          any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed.

 

(2) Notwithstanding anything contained in sub-section (1), for the purpose of giving effect to the preceding proviso, to the said sub-section (1) the State Government may, by notification in the Official Gazette, make such provision as appears to it to be necessary or expedient.

(a)          for making omissions from, additions to and adaptations and modifications of the rules, notifications and orders issued under the repealed enactments;

(b)          for specifying the authority, officer or person who shall be competent to exercise such functions exercisable under any of the repealed enactments or any rules, notifications or orders issued thereunder as may be mentioned in the said notification;

 

(3) All suits and proceedings instituted before the commencement of this Act, shall notwithstanding the Repeal of the Acts specified in sub-section (1) be governed by the provisions of the said Acts and the rules made thereunder.

 

 

 

 

 

 

 

 

SCHEDULE I

 

Advalorem Fees

 

Article                   Particulars                                         Proper fee

(1)                         (2)                                                      (3)

1.                Plaint, written statement, pleading

a set off or counter claim or

memorandum of appeal presented

to any court.

 

When the amount or value of the

subject matter in dispute –

 

[(i)      not exceeding rupees 15,000             2 ½ per centum

 

(ii)      exceeding rupees 15,000 but             Rupees 375 plus

not exceeding rupees 75,000             7 ½ per centum of

the amount exceeding rupees

15,000.

 

(iii)     exceeding rupees 75,000 but             Rupees 4,875

not exceeding rupees 2,50,000                   plus 7 per centum

of the amount

exceeding rupees

75,000

 

(iv)     exceeding rupees 2,50,000                Rupees 17,125

but not exceeding rupees                  plus 6 ½per

5,00,000                                            centum of the

amount exceeding

rupees 2,50,000

 

(v)      exceeding rupees 5,00,000                Rupees 33,375

but not exceeding rupees                  plus 6 per

7,50,000                                            centum of the

amount exceeding

rupees 5,00,000

 

(vi)     exceeding rupees 7,50,000                Rupees 48,375

but not exceeding rupees                  plus 5 ½ per

10,00,000                                          centum of the

amount exceeding

rupees 7,50,000

(vii)    exceeding rupees 10,00,000              Rupees 62,125

but not exceeding rupees                  plus 5 per

15,00,000                                          centum of the

amount exceeding

rupees 10,00,000

 

(viii)   exceeding rupees 15,00,000              Rupees 87,125

but not exceeding rupees                  plus 4 ½ per

20,00,000                                          centum of the

amount exceeding

rupees 15,00,000

 

(ix)     exceeding rupees 20,00,000              Rupees 1,09,625

but not exceeding rupees                  plus 4 per

25,00,000                                          centum of the

amount exceeding

rupees 20,00,000

 

(x)      exceeding rupees 25,00,000              Rupees 1,29,625

but not exceeding rupees                  plus 3 ½ per

30,00,000                                          centum of the

amount exceeding

rupees 25,00,000

 

(xi)     exceeding rupees 30,00,000              Rupees 1,47,125

but not exceeding rupees                  plus 3 per

40,00,000                                          centum of the

amount exceeding

rupees 30,00,000

 

(xii)    exceeding rupees 40,00,000              Rupees 1,77,125

but not exceeding rupees                  plus 2 ½ per

50,00,000                                          centum of the

amount exceeding

rupees 40,00,000

 

(xiii)   exceeding rupees 50,00,000              Rupees 2,02,125

but not exceeding rupees                  plus 2 per centum

60,00,000                                          of the amount

exceeding rupees

50,00,000

 

 

 

 

 

(xiv)   exceeding rupees 60,00,00                Rupees 2,22,125

but not exceeding rupees                  plus 1 ½ per

70,00,000                                          centum of the

amount exceeding

rupees 60,00,000

 

(xv)    exceeding rupees 70,00,000              Rupees 2,37,125

but not exceeding rupees                  plus 1 per centum

80,00,000                                          of the amount

exceeding rupees

70,00,000

 

(xvi)   exceeding rupees 80,00,000              Rupees 2,47,125

plus½ per centum                                                                                      of the amount

exceeding rupees

80,00,000

 

2.(a)            petition under section 26 of the                  An amount of one

Provisional Insolvency 1920                        half the scale of

[as extended and                                         fee prescribed in

amended by the Provincial                          Article 1 on the

Insolvency Karnataka                                 amount or

Extension and Amendment                         compensation

Act, 1962 (Karnataka Act 7                         claimed.

of 1963)] or application

under section 95 of the

Code of Civil Procedure, 1908.

 

(b)      Appeal against order on a                           On the scale

petition or application falling                      prescribed in

under clause (a)                                          Article 1 on the

amount in

dispute.

 

3.(a)            Petition under section 53                            An amount of one

or 54 of the Provincial Insolvency               -half of fee

Act, 1920 as extended and                          prescribed in

amended by the Provincial                          Article 1 on the

Insolvency Karnataka Extension                 market value of

and Amendment Act, 1962                         the subject matter

(Karnataka Act 7 of 1963)                           subject to a

maximum fee of

rupees five

hundred.

 

(b)      Appeal against order on a                           An amount of the

petition falling under clause                       half of the scale of

(a) whether by the Official                           fee prescribed in

Receiver or by the                                       Article 1 on the

unsuccessful party.                                     market value of

the subject matter

subject to a

maximum fee of

rupees five

hundred.

 

4.                Memorandum of appeal                              An amount of one

against order in proceedings                       -half of the scale

under the Indian Succession                      of fee prescribed

Act, 1925                                                    in Article 1 on the

amount or value

of the subject

matter.

 

5.                Application for review of                              One half of the fee

judgement [if presented                              leviable on the

before the ninetieth day from                      plaint or memo-

the date of the decree].                                randum of appeal

[xx].

 

[5A.             Application for review of                              The fee leviable on

Judgement if presented on                         the plaint or

or after the ninetieth day                            memorandum of

from the date of the decree                          appeal.]
[5AA.           Application for review of                              Twenty rupees].

order of the Karnataka

Administrative Tribunal

 

  1. Probate of a Will of letters

of administration with or

without will annexed-

 

(a)               when the amount or value of                      Three per cent

the property in respect of

which the grant of probate or

letters is made exceeds one

thousand rupees, on the part

of the amount or value in

excess of one thousand rupees,

upto three lakhs of rupees.

 

(b                )When the amount or value of                     Five per cent

the property in respect of which                 or Rs.30000/-

the grant of probate or letters                     which ever is less.

is made exceeds three lakhs

of rupees, on the part of amount

or value in excess of three lakhs

of rupees.

 

7.                Certificate under Part X of the                    The fee leviable in                    Indian Succession Act, 1925.                       the case of a

probate (Article 6)

on the amount or

value of any debt

or security

specified in the

certificate under

sections 374 of the Act and one

and a half times

this fee on the

amount or value of any debt or security to which the certificate is extended under section 376 of the Act.

 

Note: (1) The amount of debt is its amount including interest, on the date 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 a certificate has been conferred under the Act, and where such a 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.

 

 

 

 

 

SCHEDULE II

 

[Petition in a suit under the

Karnataka convert’s Marriage

Dissolution Act, 1866 (Mysore

Act XXI of 1866) or the Convert’s

Marriage Dissolution Act, 1866

(Central Act XXI of 1866):

 

Petition under the Indian Divorce

Act 1869 (Central Act IV of 1869)

other than a Petition under section

44 of that Act and every memorandum

of appeal under section 55 of that Act:

 

Plaint or memorandum of appeal

under the Parsi Marriage and

Divorce Act 1936 (Central Act

III of 1936) or counter claim

made under section 37

of that Act.

 

Petition plaint or memorandum                  [One hundred

of when presented to a court                       rupees

under the Dissolution of

Muslim Marriage Act, 1939

(Central Act VIII of 1939), the

Mysore Dissolution of Muslim

Marriage Act, 1943 (Mysore Act

XLIII of 1943) and the Dissolution

of Muslim Marriage Act, 1939

(Central Act VII of 1939) as in force

in the Gulbarga Area.

 

Petition under section 22, 23, 24,

25 or 27 of the Special Marriage

Act, 1954 (Central Act 43 of 1954)

and memorandum of appeal under

section 39 of that Act;

 

Petition under sections 9, 10, 11,

12 or 13 of the Hindu Marriage

Act, 1955 (Central Act 25 of 1955)

and memorandum of appeal under

section 28 of that Act.

 

If in a suit falling under way of

the above paragraphs, there is

a specific claim for damages

separate fee at the rates

prescribed in Article 1 of

Schedule 1 shall be charged

on the amount of damages

claimed]

 

2.                Undertaking under section 49                    [Five rupees]

of Indian Divorce Act, 1869.

 

3.                Memorandum of appeal [from

a decision or an award or order]

inclusive of an order determining

an question under section 47 or

section 144 of the Code of Civil

Procedure 1908, and not

otherwise provided for when

presented.

 

(i)       to any court other than the                         [Four rupees]

High Court or to any Executive

Officer.

 

(ii)      to the [Karnataka Appellate                        [Eight rupees]

Tribunal]

 

(iii)     to the High Court

 

(1)          Where the order was passed

by a subordinate court or

other authority

(a)      if the order relates to a suit                         [Fifteen rupees]

or proceeding the value of

which exceeds one thousand

rupees.

 

(b)      in any other case                                        [Eight rupees]

 

(2)          Where the appeal is under                          One hundred

section 45-B of the Banking                       rupees

Companies Act, 1949

 

 

(3)      Where the appeal is under                          Five rupees

section 411-A of the Code of

Criminal Procedure, 1898.

 

(iv)     to the Government in

pursuance of a statutory right

to appeal for which no court

fee is liable under any other

enactment.

 

(4)      Memorandum of Appeal under

section 39 of the Arbitration

Act, 1940

(i)           in a case where the value of                        Fifteen rupees

jurisdiction does not exceed

Rs.5,000

 

(ia)     in a case where the value of                        Fifty rupees

jurisdiction exceeds Rs.5,000

but does not exceed Rs.50,000

 

(ii)      in any other case                                        One hundred

and fifty rupees

 

5.                Copy or translation of a                              One rupee

judgement or order not being

or having the force of a decree.

 

6.                Copy or translation of a                              Fifty paise

judgement or order of a

Criminal Court.

 

  1. Copy of a decree or order

having the force of a decree

When such decree or order is                      One rupee

made by any court other than

the High Court

 

When such decree or order                         Four rupees

is made by the High Court

 

 

 

 

 

  1. Copy of any document liable to

stamp duty under any law in

force relating to stamps when

left by any party to a suit or

proceeding in place of the

original withdrawn

 

(a) When the stamp duty                             The amount of the

chargeable on the original                          duty chargeable

does exceed one rupee                                 not on the

original.

 

(b) in any other case                                   One rupee and

twenty five paise.

 

  1. Copy of any revenue or judicial

proceedings or order not

otherwise provided for by this

Act or copy of any account,

statement, report [order] or

the like taken out of any

Court or [pubic office].

 

For every there hundred and                      Fifty paise

sixty words or fraction of three

hundred and sixty words.

 

10.(a)          Application or petition presented                One rupee

to any officer of the Excise or

Prohibition 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;

 

(b)               Application or petition presented                One rupee

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.

(c)                Application or Petition presented                One rupee

to any Municipal Corporation,

Municipal Council, Sanitary

Board, Notified Area Committee,

Town area Committee, the

Commissioner, Executive Officer,

Chief Officer, Secretary, President

or Chairman 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

 

(d)               Application or Petition presented                One rupee

to any officer of land revenue

relating to the grant of land on

darkhast.

 

(e)                Application to a Deputy                              Two rupees

Commissioner for lease of

land for agricultural or

non – agricultural purposes.

 

(f)                Application to a Forest Officer

by a forest Contractor for

extension of the period of lease

 

(i)       if the value of the subject                            Twenty five

matter of the lease is                                   rupees

Rs.5,000 or less;

 

(ii)          is such value exceeds                                  Five rupees

Rs.5,000 for every

Rs.1,000 or part thereof

in excess of Rs.5,000.

 

(g)               Application for attestation                           Ten rupees

of private documents intended

to be used out side India.

 

(h)                         Application for lapsed deposit

presented after six months

after the date on which the

amount lapsed to the

Government:-

 

(i)       When the amount of deposit                       One rupees

does not exceed Rs.50

 

(ii)      When the amount of deposit                       Two rupees

exceeds Rs.50 but does not

exceed Rs.1,000

 

(iii)     When it exceeds Rs.1,000                           Four rupees

 

(i)                           Application or petition presented

to the Government and not

otherwise provided for

 

(i)       which involves the exercise                         Four rupees

or non – exercise of power

conferred by law or rule

having the force of law;

 

(ii)      in other cases                                              Two rupees and

fifty paise

 

(j)                           Application or Petition

presented to the Karnataka

Appellate Tribunal or

Divisional Commissioner or

Chief Executive Authority

and not otherwise provided for

 

(i)       which involves the exercise                         Four rupees

or non-exercise of power

conferred by law or rule

having the force of law;

 

(ii)      in other cases                                              Two rupees and

fifty paise

 

(k)               Application for permission                          Ten rupees

for use of agricultural land

for non – agricultural purposes.

 

(l)                Application or petition not

falling under clause (i) or (j)

and presented to a public

officer or in a  public office

and not otherwise provided for

(i)       which involves the exercise                         Two rupees

or non exercise of power

conferred by law or rule having

the force of law;

(ii)      in other cases                                              One rupee

 

11.(a)          Application or Petition presented                One rupee

to any Civil Court than a Principal

Civil Court of original jurisdiction

or to any Court of Small Causes

or to a Deputy Commissioner

or other officers of revenue or

public officer in relation to any

suit or case in which the amount

or value of the subject matter is

less than fifty rupees.

 

(b)      Application or petition presented                One rupee

to any court or to any [Board

statutory authority or public

officer          ] for the purpose of obtaining

a copy or translation of any

judgement, decree or order

passed by such court. Board,

[statutory authority] or

officer or of any other document

or record in such court, Board

[statutory authority] or office.

 

(c)      Application to any Court that                     One rupee                                records may be called from another               addition to the

court, when the court on grants                 fee leviable

the application and is of that the

transmission of such records

involves the use of the post.

 

(d)      Application or Petition                                One rupee

containing a complaint or

charge of any offence other

than an offence for which

police officers may, under the

Code of Criminal Procedure,

1973, arrest without warrant

and presented to any

Criminal Court.

 

(e)      Application or petition to deposit                One rupee

in court or in the office of the

Deputy Commissioner,

[or

other Revenue Officer]

revenue

or rent

 

(f)       Application or Petition for                           One rupee

determination by a court

of the amount of compensation

to be paid by a landlord to

his tenant.

 

(g)      Application or Petition                                One rupee

presented to a Court or

to a Deputy Commissioner,

or any Revenue Officer or

to a Public Officer having

jurisdiction equal or subordinate

to a Deputy Commissioner, or to

any Magistrate in his executive

capacity and not otherwise

provided for by this Act.

 

(h)         Application for temporary

injunction in relation to any

suit or proceeding

 

(i) when presented to any court                  Ten rupees

 

(ii)when presented to any other                  Five rupees

authority

 

(ha)    Application for arrest or                              Five rupees

attachment before judgement

when presented to a Civil

Court or other than the High

Court or a Revenue Court in

relation to any suit or proceeding

 

(i) Application under Order 21

Rule 58 of the Code of Civil

Procedure, 1908, regarding

claim to the attached property.

 

 

(i) when filed in Revenue Court                   Five rupees

 

(ii)when filed in any other court                  Ten rupees

 

(j)                Application or Petition under                      Five rupees

section 47 and Order 21, Rule 90

of the Code of Civil Procedure,

1908 when filed in any court.

 

(ja)              Application or Petition under

Order 17, Rules 1 and 2 of the

Code of Civil Procedure, 1908

(i) when filed in the High Court                  Ten rupees

 

(ii) when filed in any other court                 Five rupees

 

(k)               Application or petition under                      Five rupees

section 34, 72, 73 and 74 of the

Indian Trusts Act, 1882

 

(l)                (i) Application for probate or                       Twenty five

letters of administration or for                    rupees

revocation thereof to have

effect throughout India.

 

(ii) Application for probate or

letters of administration or for

revocation thereof not falling

under clause (i) or an application

for a certificate under Part X

of the Indian Succession Act,

1925 or Bombay Regulation

VIII of 1927

 

(1)  if the amount or value of the                  Five rupees

estate does not exceed Rs.2,000

(2)  if the value exceeds Rs.2,000

but does not exceed Rs.10,000                   Ten rupees

 

(3)  if the amount or value                            Twenty rupees

exceeds ten thousand rupees

 

Provided that if a caveat is

entered and the application is

registered as a suit, one half

the scale of fee prescribed in

Article I of Schedule I on the

market value of the estate

less the fee already paid on

the application shall be levied

 

(m)                        Original petitions not otherwise

provided for when filed in

 

(i) any court subordinate to the                  Two rupees

High Court

 

(ii) the High Court                                                Twelve rupees

 

(n)                         Application to set aside an

award under the Arbitration Act,

1940.

 

(1)  if the value of the subject matter            Twenty five

of the award does not exceed Rs.5,000       rupees

 

(2) if such value exceeds Rs.5,000               One hundred

rupees

 

(o)                          Application under section 14 or

Section 20 of the Arbitration Act,

1940, for a direction for filing

an award or for an order for

filing an agreement and

application for enforcing foreign

awards when presented to

 

(1) the Court of the Munsiff                        Fifty rupees

 

(2) any other Court                                     Two hundred

                                                                   rupees

 

(p)                          [***]

 

(q)                          Revision petition presented to

the High Court under section 115

of the Code of Civil Procedure, 1908

or under the provisions of any other

Act, arising out of a suit or proceeding

 

(i) if the value of the suit or                         Five rupees

proceeding to which the order

sought to be revised relates

does not exceed Rs.1,000

 

(ii) if such value exceed                               Fifteen rupees

Rs.1,000 but does not exceed

Rs.10,000

 

(iii) if the value exceeds                               Twenty rupees

Rs.10,000

 

(r)                Petition under section 391,                         One hundred

439 and 522 of the Companies                   rupees

Act, 1956 in connection with

the winding up of a company.

 

(s)                Petition to the High Court under                One hundred

Article 226 of the Constitution                    rupees

for a writ other than the writ of

Habeas Corpus, or a petition

under Article 227 of the

Constitution.

 

(sa)              Appeal or Petition to the                             One hundred

High Court from an original                       rupees

Judgement decree or order of

a single Judge of the High Court

made in exercise of the powers

under clause (1) of the Article

226, Article 227 and Article 228

of the Constitution of India.

 

(t)                Application under section 45                      Ten rupees

of the Specific Relief Act, 1877

 

(u)                         Application of petition presented

to the High Court [the Karnataka

Administrative Tribunal] and not

otherwise specially provided for

 

(v)                          Election petition to a Civil

Court or Judicial Officer

questioning the election of

a person in respect of

 

(i) the office of [member of a                        Fifteen rupees

Taluk board or Panchayat]

 

(ii) the office of [President or                        Twenty five

Vice – President of a Taluk                          rupees

Board or Chairman or Vice-

Chairman of a Panchayat]

 

(iii) the member of a Town                          Fifty rupees

[xxx] Municipal Council

 

(iv) the office of member (of                         One hundred

a Municipal Corporation in the                   rupees

State] or a City Municipal

Council [xxx]

 

(v) the office of Mayor or Deputy                 Two hundred

Mayor [of a Municipal Corporation             rupees

or of Chairman of a Municipality

[xxx]

 

12.              Application for leave to sue                         Seventy five

as a pauper.                                                Paise

 

  1. Application for leave to appeal

as a pauper

 

(a)      when presented to a High Court                 Two rupees

fifty paise

 

(b)      when presented to any other court             One rupee

twenty five

paise

 

  1. Bail bond or other instrument                    One rupee and

or of obligation given in                              twenty five paise

pursuance of an order made

by a court of Magistrate under

any section of the Code of

Criminal Procedure, 1908 and

not otherwise provided for by

this Act.

 

15.              Every copy of power of attorney                  Two rupees

when filed in any suit or proceeding

 

16.              Mukhtanama or vakalatnama

          or any paper signed by a

advocate signifying or intimating

that he is retained for a party

 

When presented

(a) to any Court other than a                      One rupee

High Court

[or to the Karnataka

Appellate Tribunal]

[xxx] or

Deputy Commissioner or [any

statutory or other authority or

any officer].

 

(b) to the [Karnataka Appellate                             Two rupees

Tribunal]

 

(c) to the High Court                                   Three rupees

 

(cc) to the Karnataka                                   Three rupees

Administrative Tribunal

 

(d) to the Government                                 Three rupees

 

  1. Agreement in writing stating a

question for the opinion of the

Court under the Code of Civil

Procedure, 1908

 

(i) where the value of the                             Fifteen rupees

subject matter does not

exceed Rs.5,000

 

(ii) in any other case                                   One hundred

rupees

 

  1. Caveat

 

(1)          When filed under Indian

Succession Act

 

(i) if the value of the property                      Six rupees and

involved does not exceed two                      twenty five paise

thousand rupees..

 

(ii) if the value of the property                     Twelve rupees

involved exceeds two thousand                   and fifty paise

rupees.

 

(2)          in other cases

 

(i) if filed in the High Court                         Ten rupees

 

(ia) if filed in the Karnataka                        Ten rupees

Administrative Tribunal

 

(ii) if filed in other courts.                           Five rupees

SCHEDULE III

 

PART I

 

(See Section 52)

 

Form of Valuation (to be used with such modification, if any, as may be necessary) to Estate.

 

IN THE COURT OF

 

Re: Probate of the will of the estate of

[or administration]

deceased.

 

  1. I,(A.B.) 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 Form of Valuation all the estate of which the above named deceased died possessed or to which he was entitled at the time of his death and which has come or is likely to come to my hands.

 

  1. I further say that I have also truly set forth in Annexure B all the items I am by law allowed to deduct.

 

  1. I further declare that the said estate exclusive only of the last mentioned items, was                                                 on the date of this death of the said deceased

___________________________________________

 

is

under the value of

 

 

 

 

 

  1. I, (A.B.) further declare that what is stated in this Form of Valuation is true to the best of information and belief.

 

(Signed)….AB

 

  • This form to be used where the application is made after one year from the date of the death.

 

ANNEXURE – A

 

Valuation of the movable and immovable property of deceased

 

Rs.

 

Cash in hand and at the Bank, 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 on the date of the death

of the deceased or on the date of the application, as

the case may be.]

 

Immovable property, consisting of, …………….

 

[State description and market value on the date of

the death of the deceased or on the date of the application,

as the case may be.]

 

Lease hold property:

 

[If the deceased held any leases for years determinable,

state the period of the lease and estimated amount of rent

inserting separately arrears due on the date of death or on

the date of the application, as the case may be.]

 

Property in public companies:

 

[State the particulars and the value calculated at the price

on the date of the death or on the date of the application

as the case may be.]

 

Policies of insurance upon life, money out on mortgage

and other securities such as bonds, bills, notes and

other security for money:

 

[State the amount of the whole on the date of the death

or on the date of the application, as the case may be.]

 

Debts:

 

[Other than bad debts]

 

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 items shown in Annexure B in the manner

Provided in Sub-section (2) of Section 53.

 

Net value of the Estate.

 

ANNEXURE – B

 

SCHEDULE OF DEBTS, ETC.

 

Amount of debts due and owning from the deceased,

legally payable out of the estate:

 

Amount of expenses connected with funeral rites and ceremonies:

 

Amount of mortgage encumbrances:

 

Property held in trust not beneficially or with

general power to confer a beneficial interest:

 

Other property not subject to duty:

 

Total:

 

PART II

 

Amended Form of Valuation of Estate

 

(See Sections 58 and 60)

 

IN THE COURT OF

 

Re: Probate of the will of ……..[or Administration of the Estate of ……. Deceased.

 

  1. I, (A.B.) am the executor (or one of the executors or one of the next of kin as the case may be) of

 

  1. Probate was (or letters of administrators were) granted to me on ……..

 

  1. It has now been discovered that the net value of the estate on which Court fee was paid, was not correctly ascertained.

 

  1. I have now truly set forth in Annexure A to this amended form of Valuation all the estate of the deceased at the date of

 

 

 

his death

_______________________________________________________________________

the application or application of probate (or letters of administration) which has come or is likely to come to my hands.

 

  1. I further have now truly set forth in Annexure B all the items which I am by law allotted to deduct.

 

  1. I further declare that the said estate, exclusive only of the last mentioned items, at the date of

death of the deceased was

______________________________________________________________

this application is ……………

under the value of

 

  1. I (A.B) further declare that what is stated in this amended Form of Valuation is true to the best of my information and belief.

 

(Signed) AB.

 

 

 

ANNEXURE – A

Amended Valuation of the estate deceased

 

Valuation on which        Increase      Decrease     Valuation as

court fee was paid                                                 now amended

________________________________________________________________________

Total:

 

Deducted items shown in Annexure B

in the manner provided in Sub-section

(2) of Section 53.

 

 

_________________

Amended net value of estate

_________________

 

ANNEXURE – B

 

Amended Schedule of debts, etc.,

 

Valuation on which        Increase      Decrease     Valuation as

Court fee was paid                                                now amended

 

 

Total:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

KARNATAKA COURTS FEES AND SUITS VALUATION RULES, 1960

NOTIFICATION

[No.HD 3 JCF 58, Dated Bangalore, 5th August 1960]

In exercise of the powers conferred by Section 78 of the Karnataka Court Fees and Suits Valuation Act, 1958, the Government of Karnataka hereby makes the following rules:-

 

CHAPTER I

 

PRELIMINARY

 

1. Short Title: These Rules may be called the Karnataka Court Fees and Suits Valuation Rules, 1960.

 

2. Definition: In these rules unless the context otherwise requires-

 

(a)     “Act” means the Karnataka Court fees and Suits Valuation Act, 1958.

(b)     “Government” means the Government of Karnataka.

(c)     “Deputy Commissioner” means the Deputy Commissioner of the District and includes any officer appointed by the Government to perform the functions of the Deputy Commissioner under these rules;

(d)     “Petitioner” for the purpose of Chapter II, means a person who has applied to court for grant of Probate or letter of administration;

(e)     “Property” for the purpose of Chapter II, means movable and immovable property of the deceased;

(f)      “Section” means a Section of the Act;

(g)     “Schedule” means the Schedule II of the Act.

 

CHAPTER II

 

VALUATION OF PROPERTY

 

3. On receipt of a copy of application under section 52 of the Act, the Deputy Commissioner shall at once proceed with the verification of the Valuation of the property as mentioned in the application.

 

4. for the purpose of valuation of the property the Deputy Commissioner may requires the Petitioner

 

(a)  to furnish detailed statement of valuation of the business assets of the deceased or of the share of the deceased it the business or partnership firm;

(b)  to produce any writing or document in regard to the share of the deceased in the business or firm and also to furnish a separate valuation of the assets, stock in trade, goodwill, outstanding due to the deceased and any other item relating to the business or firm;

(c)  to produce for inspection account books, cash books, profit and loss statements, statements showing payment of taxes on income and to furnish true copies of extracts therefrom, if required for the purpose of ascertaining the correctness of the valuation;

(d)  to produce a list of ornaments, jewellery and any other valuable articles mentioned in the schedule together with a detailed statement of their valuation; and

(e)  to produce evidence by an expert valuer of any person deemed fit by the Deputy Commissioner to satisfy him about the valuation made by the petitioner.

 

5. if any valuable articles are lodged in a safe deposit valult or deposited in any other place for safe custody, the Deputy Commissioner may require the petitioner to furnish a list thereof with their detailed valuation.

 

6. The Deputy Commissioner may require the petitioner to produce information in respect of rent, profits, dividends, debts and other dues to be recovered.

 

7. The Deputy Commissioner may ascertain the basis on which the value of the property is assessed and for this purpose he may require the production of account books, profit and loss accounts, registers or any other documents which in his opinion are necessary in arriving at the correct valuation of the estate of the deceased.

 

8. If the petitioner fails to produce any evidence or documents or furnish any statement or information as required by the Deputy Commissioner under any of the foregoing rules, the Deputy Commissioner shall proceed with the valuation of the property on the data available, without delay.

 

9. Whenever it is ascertainable, the valuation of the property shall be based by the Deputy Commissioner on the market value thereof prevailing on the date on which a application for probate or letters of administration made.

 

10. If, after examining the valuation of the property in accordance with the foregoing rules, the Deputy Commissioner finds that the value of the property has been under estimated, he may require the attendance of the petitioner (either in person or by agent) and take such evidence and inquire into the matter in such manner as he may think fit. For this purpose he may take assistance from any officer subordinate to him.

 

11. The Deputy Commissioner shall complete enquiry about the valuation of the property under these rules within a period of four months from the date of the receipt of the notice from the court. If the proceedings are delayed on any account, he shall report periodically to the Court, till the valuation work is complete, and shall complete the enquiry expeditiously.

 

12. If, after an enquiry under these rules the Deputy Commissioner has asked the petitioner to amend the valuation, the Deputy Commissioner shall at once communicate his action to the court with a request to intimate to him whether the amendment has been made or not.

 

13. If the valuation is amended as required by the Deputy Commissioner but the additional fee is not paid to the Court or tendered to the Deputy Commissioner, the Deputy Commissioner shall report the case to the Chief Controlling Revenue Authority.

 

13-A. Immediately after the exhibition of the inventory referred to in the proviso to sub-section(5) of section 56. The Court shall send intimation of the date of such exhibition to the Deputy Commissioner to whom copy of the application and of valuation has been sent under sub-section (2) of section 52.

 

14. A register in Form ‘A’ appended to these rules shall be kept in every Deputy Commissioner’s office.

 

CHAPTER III

 

LICENSES

 

15. Court fee stamps shall be sold at all Treasuries in the State and by such persons as may be licensed to sell stamps under these Rules.

 

 

16. (i) The Treasury Officer of each Treasury shall be an Ex-Officio Stamp Vendor.

(ii) No Ex-Officio Stamp Vendor shall purchase stamps at a discount for sale on his own account to the public.

(iii) No person other than an Ex-Officio Stamp Vendor shall vend stamps except under a licence obtained by him under these, Rules.

 

16-A. (1) In such Taluks as the State Government may by order direct, court fee stamp of the denominations from twenty five paise to five rupees may be issued for sale to Revenue Officers when on tour. The stamps so issued for sale to Revenue Officers when on tour. The stamps so issued should be considered as a portion of the stock of the Treasury from which they are taken and should be represented there by the receipt of the Revenue Officer until they are returned or accounted for.

(2) A separate receipt in From ‘D’ appended to these rules should be filled in and signed for each denomination of stamps so issued to a Revenue Officer. The receipt on being received in the Treasury should be placed among the stock of stamps from which the supply acknowledged is withdrawn.

 

17. The authority to grant license under these rules shall be the Deputy Commissioner. The Deputy Commissioner may delegate this power to any other officer subordinate to him not below the rank of a Tahsildar.

 

18. Any person desirous of obtaining a license shall make an application in writing to the licensing authority within whose jurisdiction he intends carrying on the business. The Licensing Authority may grant a license if he is satisfied that the applicant is competent to discharge the functions property.

 

19. Any person aggrieved by an order refusing the grant of a license by the licensing authority may within 30 days from the date of the order prefer an appeal to the Chief Controlling Revenue Authority.

 

20. [(1) Every license granted under these rules shall expire on the last day of the financial year in respect of which is granted.

Explanation: For purposes of this sub-rules, “financial year” means the year commencing on the first day of April].

(ii)      the licensing authority may either revoke or cancel any licence for reasons to be recorded by him.

(i)           An appeal against an order passed under sub-rule (ii) shall lie to the Chief Controlling Revenue Authority and such appeal shall be filed within 30 days from the date of the order.

(ii)          An application for renewal of license shall be made within 2 months before the date of expiry of the licence.

(iii)        The fee for the grant of a licence shall be Rs.2 and for its renewal shall be Rs.1.

 

20A. Where a license granted or renewed under these rules is lost or destroyed accidentally, the authority empowered to grant such license may grant a duplicate on payment of a fee of one rupee.

 

21. Every license shall specify the name of the licensee, the description of stamps he may vend under the license, place of vending and such other matters as may be necessary and shall be signed by the authority granting it, and shall be in Form ‘B’ appended to these rules.

 

22. Every licensed vendor shall get a discount of 2% (two percent) on the value of stamps purchased by him from the Treasury.

 

23. (i) The licensed vendor shall not sell stamps of any description or at any place, other than the stamps of the description and the place mentioned in his license.

(ii)      No vendor shall sell any stamps, the use of which has been ordered to be discontinued by a competent authority.

 

24. Every licensed vendor shall on demand by the licensing authority, surrender all stamps or any class of stamps remaining in his possession.

25. A licensed vendor shall not obtain stamps except through a Treasury.

 

26. (i) Every licensed vendor shall at all times, display at a conspicuous part of the place of vend a sign board bearing the name of the vendor with the words “Licensed Vendor of Stamps”.

(ii)      He shall also specify the hours of business on the sign board.

(iii)        The sign board shall be in English or in Hindi and in Kannada.

 

27. Every licensed vendor shall keep in his possession a copy of these rules for purposes of reference.

 

28. Every licensed vendor shall keep such stock or stamps which he is authorised to sell and as is sufficient to meet public demand.

 

29. (i) Every ex-officio stamp vendor selling stamps to any person other than the licensed vendor and every licensed vendor shall write on each impressed Court fee stamp paper sold by him the serial number of sale, the date of sale, the name and residence of the purchaser, value of stamps in words and shall also put his signature.

(ii)      He shall also make corresponding entries in a register to be kept by him in Form ‘C’ appended to these rules.

 

30. In the case of adhesive stamps, it is sufficient if the name of the purchaser together with the date is mentioned on the same under the signature of the vendor.

 

31. Every vendor shall, without any undue delay, deliver any stamp which he has in his possession for sale on demand by any person tendering the value thereof in any legal tender.

 

32. No vendor shall demand or accept any money for any stamp more than the face value noted thereon.

 

33. Every licensed vendor shall keep a daily account of sales showing the date of sale, the serial number of the sale, and total value of the sales.

 

34. The Licensing Authority or any other person authorised by the Licensing Authority or by the Commissioner of Stamps, in writing, may at any time, inspect the registers kept by any vendor and any irregularities noticed in the course of the inspection shall be reported to the Commissioner of Stamps.

 

35. (1) When the vendor resigns, his licence or when the licence is revoked, the full value of the stamps returned to the Treasury less Six Naya Paise in the rupee, shall be paid.

(2) In case of death of the licensed stamp vendor, the person who is in lawful possession of the stamps shall return them to the Treasury. On receiving such stamps the Treasury Officer shall refund full value of the stamps, less the discount allowed on their sale, if he is satisfied that the stamps returned are not spoiled or damaged and are in a fit condition for being re-issued.

(3) In case where the stamps are returned by the stamp vendor on his application for leave to restore any other stamps, the full value of the stamps returned shall be paid less the discount allowed on their sale, if he is satisfied that the stamps returned are not spoiled or damaged and are in a fit condition for being re-issued.

(4) Provided that a licensed vendor shall exchange unsold stamps which are fit for use for other stamps of the same kind and provided further that no adhesive stamps shall be received into the Treasury, unless in cases where the value of each label is not less than Rs. 5 there are at least two such labels which have never been detached from each other, and in cases where the value of each labels is less than Rs. 5 unless there are at least four labels which have never been detached from each other the full value of the stamps returned to the Treasury less the discount allowed on their sale, shall be paid when stamps are returned on expiry of the licence or when they are recalled by Government or when the licence is revoked for any cause other than the fault of the licensee.

 

CHAPTER IV

 

USE OF STAMPS

 

36. When in the case of fees amounting to less than Rs. 25, the amount can be denoted by a single adhesive stamp, such fees shall be denoted by a single adhesive stamp of the required value. But, if the amount cannot be denoted by a single adhesive stamp or if a single adhesive stamp of the required value is not available, an adhesive stamp of the next lower value available shall be used and the deficiency shall be made up by the use of one or more additional adhesive stamps of the next lower value, which may be required to make up the exact amount of the fees.

 

37. (a)         When in the case of fees amounting to or exceeding Rs. 25 the amount can be denoted by a single impressed stamp, the fees shall be denoted by a single impressed stamp of the required value. But, if the amount cannot be denoted by a single impressed stamp or if a single impressed stamp of the required value is not available an impressed stamp of the next lower value available, shall be used and the deficiency shall be made up by the use of one or more additional impressed stamps of the next lower value available, which may be required to make up the exact amount of the fees in combination with adhesive stamps to make up fractions of less than Rs. 25.

 

(b)        Any adhesive stamp which may be used under sub-rule (a), shall be affixed to the impressed stamp of the highest value employed in denoting the fees.

 

38. When two or more impressed stamps are used to make up the

amount of fees chargeable under the Act, a portion of the subject matter shall ordinarily be written on each stamped sheet. Where this is impracticable or inconvenient, the document shall be written on one or more sheets bearing impressed stamps of the highest value and the remaining sheets shall be endorsed as enclosures thereto and the stamps shall be punched and cancelled by the Court or its Chief Ministerial Officer and a certificate recorded on the face of the first sheet of the document to the effect that the full court fee of Rs…….. has been paid.

 

39. When one or more impressed stamps used to denote fees are found insufficient to admit of the entire document being written on the said paper which bears the stamp, so much plain paper may be joined thereto as may be necessary for the complete writing of the document, and the writing on the impressed stamps and on the plain paper shall be attested by the signature of the person or persons making the document.

 

40. In cases, where the amount of the fees chargeable under the Act involves a fraction of five paise, such fraction shall be remitted.

 

CHAPTER V

 

DEMAGED OR SPOILED STAMPS

 

41. A Court-fee stamp shall be deemed to be damaged or spoiled if

(a)          by an accident happening to the same it is rendered spoiled and unfit for use;

(b)          by reasons of some error in the drawing or copying of any writing upon it, or to which it is affixed, the writing is rendered of no avail;

(c)          by reason of death or from any other cause, a transaction which is intended to be effected by a writing duly stamped with the proper fee is not completed and the writing becomes of no avail;

(d)          the transaction intended by such writing to be effected has been effected by some other instrument on which the proper fee has been paid;

(e)          from any error or informality in the drawing up or in the singing of any writing on which the proper court fee stamp has been duly affixed and cancelled by any officer of a Civil or Criminal Court, or any public officer the writing is returned or rejected y the court or public officer to which it was sent or addressed and the stamp has thereby become until for use.

 

Explanation: When an impressed stamps and an adhesive stamp are used in combination in accordance with any rules for the time being in force and either of them is damaged or spoiled in any manner specified in this rule, the other stamp may also, at the option of the applicant, be deemed to have been damaged or spoiled.

 

42.(1) When any person is possessed of impressed court fee stamps for which he has no immediate use or which have been spoiled or rendered unfit or useless for the purpose intended; or when any person is possessed of two or more court fee adhesive labels, which have never been detached from each other and for which he has no immediate use, the Deputy Commissioner shall on application repay to him the value of such stamps or labels in money deducting [ten paise for each rupee or fraction thereof] upon such person delivering the same to be cancelled and providing to the Deputy Commissioner’s satisfaction that they were purchased by him with a bona fide intention of using them and that he has paid the full price thereof, and that they were so purchased or, in the case of impressed court fee stamps, so purchased spoiled or rendered useless within the period of six months preceding the date on which they are so delivered.

 

Provided that the Chief Controlling Revenue Authority may; for reasons to be recorded in writing allow [such refund deducting ten paise for each rupee or fraction thereof] when application is made within one year from the date of the purchase of the stamps or labels and also in the case of impressed court fee stamps, within one year from the date on which the stamps were spoiled or rendered useless;

 

Provided further that if, in the opinion of the State Government, it is found that undue hardship would be caused to the applicant the Government may at any time sanction the refund of the value [of such stamps or labels after deducting ten paise for each rupee or fraction thereof].

 

(2)(a) Where fee already paid or any portion thereof is directed to be refunded to any person by an order of a court, the court shall pay him by cheque in Form ‘E’ on the local treasury the amount of fee so ordered to be refunded after deducting a sum of ten paise for each rupee or fraction thereof. No such deduction shall, however, be made where refund is claimed in respect of any fee paid in pursuance of an order of a court which has been varied or reversed in appeal.

 

Provided that where the amount refundable is five hundred rupees or more the cheque shall be crossed with the words “Account Payee only”

 

(b)      A statement of the amounts refunded under this sub-rule shall be sent by the court to the Deputy Commissioner and the officer incharge of the Treasury concerned at the end of every month in Form ‘F’ appended to these rules.

 

 

 

 

 

CHAPTER VA

 

UNSUED COPYING SHEETS

 

42A. Procedure for the forwarding of unused copying sheets to treasury: In respect of unused copying sheets which under rule 261 of the Karnataka Civil Rules of Practice, 1967 are required to be sent to the Treasury, the court shall prepare a voucher towards refund of the value of the copying sheets sent without deducting any amount towards commission previously allowed in respect of those sheets. The court shall pass a receipt in payees receipt Form (M.F.C.NO.3) indicating the head of the debit as “14 Stamps Judicial etc”. The challan prepared in duplicate for this purpose shall also be enclosed to the payee’s receipt and sent to the Treasury to enable the Treasury officer for effecting necessary transfer adjustments in his books. One copy of the receipt challan shall be returned to the court concerned after the receipt challan shall be returned to the court concerned after the value of such copying sheets is credited to the account of Judicial Deposits of the Court concerned at the Treasury. The Treasury Officer shall cause to be taken to stock the copying sheets so received. Such copying sheets may be re-issued. The unused copying sheets shall be accepted by any of the Treasuries in the State irrespective of the treasury from which they were issued.

 

CHAPTER VI

 

PROCESS FEES

 

43. For and in respect of process to be issued from a Revenue Court [and by the] [Karnataka Appellate Tribunal] there shall be payable by the party at whose instance such process is to be served a fee of the amount specified in the table set out below, and such process shall not be issue, served or executed until such fee shall have been duly paid.

 

TABLE OF PROCESS FEES

 

Item                      Nature of Process                                        Fee leviable

No.                                                                                           Rs.Ps.

I                  For each summons or notice;

when sent by registered post

for each defendant, respondent

or witness

 

(a) in the ordinary course                                     [1-50]

 

(b) when sent emergently                                     [2-11]

 

II                 When the summons or notice is

to be served through the agency

of court otherwise than by registered

post or when sent by post to any

other Court for service.

 

(a)  For a single defendant, respondent

or witness

 

(i) When issued and served in

the ordinary course                                     1-00

(ii)When issued emergently                              1-50

 

(b)  For each additional defendant,

respondent or witness residing

in the same town or village if

the process is applied for at the

same time

 

(i)  If issued in the ordinary course                  0-50

 

(ii) When issued emergently                                      0-75

Explanation: Emergent process shall be issued and served only

directed by Court: process fee in respect of such process shall be paid

on the very day on which it is so directed to issue by the court or

not later than 12 noon on the following working day and in default

of such payment the court may either dismiss the matter itself for non-

prosecution or in its discretion direct issue of process in the

ordinary course.

 

III       When a process is handed over to

a party for service on his own witness

or witnesses, for each witness                     0-50

 

IV      For every warrant

(a)  of attachment in respect of

every such warrant

(b)  of such sale in respect of

every such warrant                                1-50

(c)  of delivery of possession in

respect of every such warrant

 

 

V       For proclamation or order not

otherwise provided for                                 1-50

 

VI      For every process in execution

of a Village Court’s decree                           0-75

 

VII     For every other process not

otherwise provided for

 

(a)  if unaccompanied by copy

of any order of court                               1-00

(b)  if so accompanied by any

order of Court                                        1-50

 

Each process is to be paid for according to the time which it really occupies and the party should not be charged for time occupied in serving processes other than his own, but should be made to pay for all the days which his own process or processes would have occupied if it or they had alone been entrusted to the server. When one applicant puts in several processes to be executed at the same time in the same locality, the charge for any additional days occupied on such processes may be distributed over them.

 

Note: The additional fees to be levied under items IV and V shall ordinarily be collected in advance the journey being calculated at the rate of 30 miles a day, refunding or recouping as the case may be, the difference between the amount so collected and the actual calculated amount after the execution or return of the warrant.

 

44. The fee to be charged under the Table in respect of warrants or sale shall be in addition to the actual cost of advertisement, if any, where the conduct of the sale is entrusted to any sub-agency under the orders of the Court, the commission payable to such agency as fixed by the court shall be paid separately, when such sale is held through the agency of the court itself, either by its own officers or by any other officer acting under the orders of the court, an additional fee the poundage fee shall be collected on the purchase money actually realised calculated at the rate of two percent on the first Rs. 1,000 and at one percent in a rupee on any additional sum above Rs. 1,000.

 

45. Where several minors are represented by a single guardian a single process fee shall be charged for service of notice of summons on such minors. Where a guardian of a minor party or parties is himself a party to the proceeding, a single process fee shall be charged for both the minor party or parties and the guardian in his personal capacity for service of any notice or summons.

 

46. Wherein an appeal against an interlocutory order, if an interim order is passed by court on an application made in such an appeal with the direction to issue notices on the respondents in the application, notice shall issue simultaneously in both the application and the main case on payment of a single process fee in respect of each respondent common to both the application and the main case and separate process fee in respect of respondents who are parties to the main case but not parties to the application.

 

47. When a process either under item I or II of the Table set out in Rule 43 is to be sent to any country outside India by Air Mail, the amount of fee leviable shall be 50 P. plus the actual charges required for postal service, which shall be deposited by the party applying for the issue of such process in the shape of postal stamps.

 

48. The number of persons to be employed for the service in the execution of the processes issued from each of the Revenue Courts in a District shall be fixed by the Deputy Commissioner of the District with the approval of the Divisional Commissioner concerned.

 

FORM-A

(See Rule 14)

 

Register of notices of applications for probate and letters of administration.

 

  1. Serial No.

 

  1. Date of receipt of notice from the Court.

 

  1. Date of receipt of intimation from the Chief Controlling Revenue Authority.

 

  1. Name of the deceased.

 

  1. Name and residence of the petitioner for probate or letters of administration.

 

  1. Valuation shown by the petitioner.

 

  1. Valuation shown by the Deputy Commissioner.

 

  1. Valuation made by the Court.

 

  1. Amount o court fee originally paid.

 

  1. Court fee finally assessed.

 

  1. Amount of Additional Court – fee required.

 

  1. Date of realisation of additional fee.

 

  1. Remarks.

 

 

FORM-B

(See Rule 21)

Form of Licence

 

 

…………………..

(Here enter the name of Licensee)

 

 

Licence No……………..

 

granted under the Karnataka Court Fees and Suits Valuation Act, 1958.

 

 

Dated…………….

 

You are hereby authorised to sell stamps of the following description that is to say …………………………

 

(Here insert description of stamps)

 

at…………..

(here insert the number of the house ad name of street, etc. at which the stamps are to be sold).

 

in the ………………… subject to the

 

 

 

(here enter place)

 

 

 

 

 

 

 

Provisions of the Karnataka Court Fees and Suits Valuation Act, 1958 (Karnataka Act No.16 of 1958) and the rules made thereunder for the time being in force.

 

 

(signed) …………

Deputy Commissioner

(or other officer

empowered under Rule 17)

 

 

FORM-C

(See Rule 29)

Form of Register

 

 

Date Serial No.              Description of stamps              Value of Stamps

 

 

1              2                                   3                                           4

 

 

 

 

 

Name of                Residence of                   Signature or left thumb

Purchaser             Purchaser                       mark of the Purchaser or

                                                                   his agent.

 

          5                           6                                              7

 

 

FORM-D

Receipt for stamps issued to Revenue Officers.

Received from the Treasury Officer…………… the under mentioned supply of stamps under Rule 16A.

Number                Description                    Denomination of value

 

 

 

Dated……..19……                                       Signature and designation of

of Receiving Officer.

 

 

FORM-E

[See Rule 42 (2) (a)]

 

 

CHEQUE FOR REFUND OF                        CHEQUE FOR REFUND OF

COURT FEE                                                COURT FEE

 

TO                                                               TO

The Officer in charge of                               The Officer in charge of

Treasur at ……………..                                Treasure at ……………….

Cheque No……………..                                Cheque No…………………

Dated……..19………….                                Dated……………19………

Rupees…………………..                               pay…………………………..

being refund of half/full                             rupees………………………

court fee, after deducting                            being refund of Court Fees

rupees………………………                            and debit the same to the

towards deduction of 10                              head of account 030 Stamps

paise per rupees………..                              and Registration Fees-B.

Stamps Judicial-1 Court

Fees realised in Stamps – II                                                                         Deduct refunds.

To whom paid…………….                            Signature………………………..

Rs………..Designation…………

(i) Court fees

realised Rs……………..

(ii) Ordered to

be refunded Rs………..

 

VIII Reg.No.

and date……….                                           (iii) Less 10% of

Item No.(ii) Rs……..

 

Signature………….                                      (iv) Net amount to

be refunded Rs………

 

 

 

COURT SEAL

 

 

 

 

 

 

 

FORM-F

[See Rule 42 (2)(b)]

 

Statements of Refunds under sub-section (2) of Section 75 of the Karnataka Court Fees and Suits Valuation Act, 1958.

 

To

The Deputy Commissioner                                   Name of the Court

………………..District                                  Name of the Month & year

 

 

 

Sl.               Case            Name of       Court           Date of        Name

No.              numbers     Parties         fee               order           and

in which                         paid            for refund    address of

refunds                                                                 the payee

are

                   ordered

 

1                      2                 3              4                    5                   6

 

 

 

 

 

Amounts     Cheque       Whether      Amount                Treasury’s name

refunded     number       cheque        deducted               by which amount

by the         and date      issued                                      are paid

cheque                           with words

Account

                                      Payee only

 

7                     8                   9                10                             11

 

 

 

 

 

 

Place:                                                                                       Signature

Date:                                                                              Designation of the

Presiding Officer.

 

 

 

 

Notification No. LCA 759/97

 

Bangalore, dated 6th January 1999

 

In exercise of the powers conferred by Section 77 of the Karnataka Court Fees and Suits Valuation Act, 1958 (Karnataka Act No. 16 of 1958) the High Court of Karnataka after confirmation by the State Government under sub-section (2) of the said section makes the following amendment to the Table of Process Fees Payable in the High Court.

The shall come into force from the date of publication in the official Gazette.

In the Rules made by the High Court of Karnataka under the Karnataka Court Fees and Suits Valuation Act 1958 for the Table of Process Fee in item No.1 the following shall be substituted.

 

  1. 1.           Process Fee in High Court

 

Table of Process Fee

Item No.                         Nature of Process                     Amount of

Fee levied

1                                              2                                              3

1. For each summons or notice to be served by Regd               Rs.

Post (a) If issued in the ordinary course                               20.00

(b) If issued emergently                                                          25.00

 

2. When the summons or notice is to be served through

the agency of Court otherwise than by Regd. Post

 

(a) For a single Respondent or witness

(i) If it is to be issued and served in the ordinary course      20.00

(ii)If it is to be issued and served emergently                        25.00

 

(b) For each additional Respondent or witness residing

in the same town or village if the process is applied

for at the same time.

(i) If the process is to be issued and served in the                 4.00

ordinary course

(ii) If it is to be issued emergently.                                        5.00

 

For each injunction or writ of mandamus accompanied

by a copy of the order of injunction or  writ                        25.00

 

 

 

Any other process not provided for:

(i) If unaccompanied by a copy of any order

of Court.                                                                     20.00

(ii) If so accompanied by an order or Court                    25.00

 

Explanation: 1. Emergent process shall be issued and served only if so directed by Court, process fee in respect of such process shall be pid on the very day on which it is so directed to issue by the court, or not later than 12 Noon on the following working day and in default of such payment, the Court may either dismiss the matter itself for non-prosecution or in its discretion direct issue of process in the ordinary course.

2. Where several minors are represented by a single guardian, a single process fee shall be charged for service of notice or summons on such minors. Where a guardian of a minor party or parties is himself a party to the proceeding, a single process fee shall be charged for both the minor party or parties and the guardian in his personal capacity for service of any notice or summons.

3. In case where notice is served on a pleader on behalf of several respondents, there shall be a single service on payment of a single process fee.

4. Where in an appeal or revision petition against an interlocutory order, if an interim order is passed by court on an application made in such a appeal or revision petition with the direction to issue notice to the respondents in the application, notices shall issue simultaneously in both the application and the main case on payment of a single process fee in respect of each respondent common to both the application and the main case and separate process fee in respect of respondents who are parties to the main case but not parties to the application.

5. When a process either in item I or item II of the Table set out in Rule I is to be sent to any country outside India by Air Mail, the amount of fee leviable shall be 50 P, plus the actual charges required for postal service which shall be deposited by the party applying for the issue of such process in the shape of postal stamps.

6. No process fee shall be charged for notices or summons or other processes issued in respect of Criminal Appeals or References or provisions except of Appeals or Revision petitions against orders of acquittal at the instance of private complaints or parties. When process fee is payable in criminal cases, the amount of such fee shall be one half of the amount specified in the Table set out in Rule I.

7. No process fee shall be charged in respect of references by subordinate Civil Courts where the references is made by a subordinate Court suo motu where, however, such a reference is made on the application of a party, the said party shall pay the process fee for notices, summons or other processes issued in respect of such reference.

8. No process fee shall be payable in respect of notices issued either to the Advocate General of Karnataka or to the Attorney General of India in respect of writ petitions impugning the validity of any legislation or statutory Rules.

9. No process fee shall be payable in respect of any notice issued to the Advocate General by orders of Court in respect of matters involving questions relating to court fee.

10. No process fee shall be charged in respect of any notice, summons or other process issued by the court of its own motions in any proceeding before it.

11. No process fee shall be payable in respect of cases where legal aids is given or extended by the Karnataka Legal Aid Board and also in respect of cases where the Government of Karnataka has to pay process fee.

 

PROCESS FEE IN CRIMINAL COURTS

TABLE

 

 

Item            Nature of the process                                            Amount of

                                                                                                fee leviable

 

1.       For every summons, notice or subpoena                                  0-50

(a)  To an accused, respondent or witness

(b)  To every additional accused, respondent

or witness

residing in the same town or village, if the

summons notice or subopoena is applied

for at the same time                                                                 1-00

 

II.       Every warrant to arrest                                                            0-75

 

  1. Every order of injunction or warrant not

otherwise provided for

 

Note: (1) In court outside the City of Bangalore, if a process is to be served or executed within a radius of 5 miles from the court house, half the above rates only shall be charged. The Presiding Officer of every Court shall determine what village or localities shall be notified in a conspicuous place of the Court house.

(2) When a warrant remains unexecuted for a period of 15 days after its delivery to the officer entrusted with its execution, and the Presiding Officer of the Court is of the opinion that the delay is not attributable to any officer of the Court, an additional fee at the same rate shall be levied from the party at whose instance the warrant was issued for every 15 days or portions thereof until the return is made.

 

The fees prescribed in the last preceding Rule are to be charged only in respect on non-cognizable cases, i.e. in respect of offence for which a Police officer may not arrest without warrant.

 

(3) No process fee is to be charged in any proceeding in cognizable case, instituted on police reports whether they be calendar cases, appeals or Revision Cases.

 

(4) No process fee is to be charged in respect of complaints by a public servant or an officer of the State Railway acting in his official capacity with are exempt from court fee under Clause (xiii) of Section 69 of the Karnataka Court Fees and Suits Valuation Act, 1958.

 

(5) (i)  All processes shall be served or executed by the police as here to before unless the Court which issues the process shall otherwise direct.

 

(ii)  The service in execution of all processes shall be subject to the superintendence of the Chief Ministerial Officer of the Court.

 

(6) In each of the subordinate Criminal Courts there shall be exhibited in a conspicuous place of the court house, the table of fees payable for service and execution of processes in accordance with these rules both in English language and in the language of the District where the court is situate.

 

(7) No process fee shall be payable in respect of cases where legal aid is given or extended by the Karnataka Legal Aid Board and also in respect of cases where the Government of Karnataka has to pay Process Fee.

 

PROCESS FEE IN SUBORDINATE CIVIL COURTS

TABLE

 

Item                      Nature of Process                     Amount of fee levied

    1                                2                                                      3

 

  1. For each summons or notice when sent

by Registered post for each defendant,

respondent or witness:

(a)      In the ordinary course;                                         3-00

(b)      When sent emergently                                          5-00

 

II        When the summons or notice is to be

served through the agency of Court

otherwise than by Registered Post

or when sent by post to any other

Court for service.

 

(a)  For a single defendant, respondent,

or witness:

(i)       When issued and served

in the ordinary course                                8-00

(ii)      When issued emergently                                       10-00

 

(b)  For each additional defendant,

respondent or witness residing in the

same town or village if the process

is applied for at the same time:

(i)       If issued and served in the

ordinary course                                           4-00

(ii)      When issued emergently                                       5-00

 

III       When a process is handed over to a

Party for service on his own witness

or witnesses, for each witness                                        4-00

 

IV      For every warrant:

(a)  of arrest in respect of every

person to be arrested

(b)  of attachment in respect of

every such warrant

(c)  of such sale in respect of

such warrant                                                             10-00

(d)  of delivery of possession in

respect of every such warrant

 

V       For every proclamation, injunction

or order                                                                          10-00

not otherwise provided for

 

VI      For every process in execution of

village court’s decree                                                      4-00

 

VII     For every other process not

otherwise provided for:

(a)  if unaccompanied by copy

of any order of court                                                  8-00

(b)  if so accompanied by any

order of court                                                            10-00

 

[For Explanation: See under Table of Process fee in High Court]

 

Note:

 

1. The additional fees to be levied under items IV and V shall ordinarily be collected in advance, the journey being calculated at the rate of 30 miles a day, refunding or recouping as the case may be, the difference between the amount so collected and the actual amount calculated after the execution or return of the warrant.

 

(1) In court outside the City of Bangalore, if a process is to be served or executed within a radius of 5 miles from the Court house, half the above rates only shall be charged. The Presiding Officer of every court shall determine what village or localities shall be notified in a conspicuous place of the Court house.

 

Each process is to be paid for according to the time which it really occupies and the party should not be charged for time occupied in serving processes other than his own, but should be made to pay for all the days which his own process or processes would have occupied if it or they had alone been entrusted to the server. When one applicant puts in several processes to be executed at the same time in the same locality, the charge for any additional days occupied on such processes may be distributed over them.

 

(2) The fee to be charged under the table in respect of warrants for sale shall be in addition to the actual cost of advertisement if any where the conduct of the sale is entrusted to any sub-agency under the orders of Court, the commission payable to such agency as fixed by the court shall be paid separately. Where such sale is held through the agency of the Court itself either by its own officers or by any other officer including a Revenue Officer acting under the orders of the Court an additional fee, the poundage fee shall be collected on purchase money actually realised, calculated at the rate of two percent on the first Rs.1,000 and at one percent in rupee on any additional sum about Rs.1,000.

 

2. Where several minors are represented by a single guardian a single process fee shall be charged for service of notice of summons on such minors. Where a guardian of a minor party or parties is himself a party to the proceedings a single process fee shall be charged for both the  minor party or parties and the guardian in his personal capacity for service of any notice or summons.

 

3. In cases where notice is served on a Pleader on behalf of several respondents, there shall be a single service on payment of a single process fee.

 

4. Where in an appeal against an Interlocutory Order, if an interim order is passed by Court on an application made in such an appeal with the direction to issue notices to the Respondents in the application, notices shall issue simultaneously in both the application and the main case on payment of a single process fee in respect of the respondent common to both the application and the main case and separate process fee in respect of respondents who are parties to the application.

 

5. When a process under Item I or Item II of the Table set out above is to be sent to any country outside India by Air Mail, the amount of fee leviable shall be 50 paise plus the actual charges required for postal service which shall be deposited by the party applying for the issue of such process in the shape of postal stamps.

 

5A. Where a subordinate Civil Court directs issue of summons or notice by Registered post, the party at whose instance such summons or notice is issued should pay the postage and the fee for registering the same in addition to the process fee specified in the table of process fee I subordinate Civil Courts.

 

6. No process fee shall be charged in respect of any notice issued to a Government Pleader by the Court in any matter involving a question relating to Court Fee.

 

7. No process fee shall be payable in respect of any notice issued to the Advocate General by order of court in respect of matters involving questions relating to Court fee.

 

8. The number of persons to be employed for the service in the execution of the processes issued from each of the subordinate Civil Courts in a District shall be fixed by the District Judge of the District with the approval of the High Court.

 

9. No Process Fee shall be payable in respect of cases where legal aid is given or extended by the Karnataka Legal Aid Board and also in respect of cases where the Government of Karnataka has to pay Process Fee.

 

 

 

 

4. GENERAL

 

The Table of Process Fees as amended by the amending rules dated 5th February 1980 and 10th April 1980 (respectively published in Part IV 2-D of the Karnataka Gazette in pages 11 to 14 and respectively in operation from 15th May 1980 and 1st July 1980) shall apply to all cases pending on the respective dates of commencement of the amending rules.

 

Provided that nothing in this rule shall be applicable to cases which are not covered by the Karnataka Court Fees and Suits Valuation Act, 1958 but are covered by the earlier Acts in view of Section 79 of the aforesaid Act.