The Bombay Court Fees ACT, 1959 - District Courts, Maharashtra

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Refund offee paid onmemorandum of appeal.Refund offee onapplicationfor reviewjudgment.Refund ofwhereCourtreservses ormodifies itsformerdecision onground ofmistake.Period oflimitationfor refundof feesunderSection15,16 or 17Multifarious suits.Writtenexaminations ofcomplainants.14. (1) Every question relating to valuation for the purpose ofdetermining the amount of any fee chargeable under this Chapter on aplaint or memorandum of appeal shall be decided by the Court in whichsuch plaint or memorandum as the case may be, is filed, and such decisionshall be final as between the parties to the suit.(2) But whenever any such suit comes before a Court of appealreference or revision, if such Court considers that the said question has beenwrongly decided to the detriment of the revenue, it shall required the partyby whom such fee has been paid to pay so much additional fees as wouldhave been payable had the question been rightly decided .15. If an appeal or plaint, which has been rejected by the lower Court onany of the grounds mentioned in the Code of Civil Procedure, 1908, isordered to be received or if a suit is remained in appeal, on any of thegrounds mentioned in rule 23 of Order XLI in the first Schedule to the sameCode for a second decision by the Lower court, the Appellate Court shallgrant to the appellant a certificate , authorising him to receive back from theCollector the full amount of fee paid on the memorandum of appeal:Provided that if, in the case of remand in appeal, the order of remandshall not cover the whole of the subject-matter of the suit, the certificate sogranted shall not authorise the appellant to receive back more than so muchfee as would have been originally payable on the part or parts of suchsubject-matter in respect whereof the suit has been remanded.16. Where an application for review of judgment is presented on or afterthe 1 [thirtieth day] from the date of the decree, the Court, unless the delaywas caused by the applicant's laches, may, in its discretion, grant him acertificate authorizing him to receive back from the Collector so much of thefee paid on the application as exceeds the fee which would have beenpayable had it been presented before such day.17. Where an application for a review of judgment is admitted, andwhere, on the rehearing, the Court reverses or modifies its former decisionon the ground of mistake in law or fact, the applicant shall be entitled to acertificate from the Court authorizing him to receive back from theCollector so much of the fee paid on the application as exceeds the feepayable on any other application to such Court under the second schedule tothis Act, No.1, clause (c) or clause (f).But, nothing in the former part of this section shall entitle theapplicant to such certificate where the reversal or modification is due,wholly or in part, to fresh evidence which might have been produced at theoriginal hearing.2 [17A. Where the certificate is granted to any person under section 15,16or 17 no fee thereunder shall be refunded, unless such person presents it tothe Collector or such other authority as may be prescribed by rules, forencashment, within two years from the date of issue of the certificate by theCourt].18. Where a suit embraces two or more distinct subjects, the plaint ormemorandum of appeal shall be chargeable with the aggregate amount ofthe fees to which the plaints or memoranda of appeal in suit embracingseparately each of such subjects would be liable under this Act.Nothing in the former part of this section shall be deemed to affectthe power conferred by the Code of Civil Procedure, 1908, Schedule I, OrderII, rule 6.19. When the first or only examination of a a person who complaints ofthe offence of wrongful confinement, or wrongful restraint, or of any offenceother than an offence for which police officers may arrest without a warrant,and who has not already presented a petition on which a fee has been leviedunder this Act, is reduced to writing under the provisions of the 3 [Code ofCriminal Procedure, 1973], the complainant shall pay a fee of 5 [ten rupees]unless the Court thinks fit to remit such payment.Decision ofquestions as tovaluation.V of 1908V of 1908.'[II of 1974]
XLV of1860I of 19561. These words were substituted for the words " ninetieth day " by Mah. 50 of 1976 s. 22. Section 17 A was inserted by Mah. 18 of 1966 s. 2.3. These words were substituted for the words "Code of Criminal Procedure, 1898, by Mah. 23 of1996, s. 3 (a).4.These words were substituted for the words " V of 1898 " , ibid.5. This words were substituted for the words " two rupee " by Mah. 18 of 2002, s. 320. 1 [1] Nothing contained in this Act shall render the following documents chargeable with any fee: -(i) power-of attorney to institute or defend a suit when executed by amember of any of the Armed Forces of the Union not in Civil employment.(ii) Application for certificate copies of documents or for any otherpurpose in the course of a criminal proceeding presented by or on behalf onthe State Government to a criminal Court.(iii) Written statements called for by the Court after the first hearing of asuit.(iv) Probate of a will, letters of administration, and, save as regards debtsand securities, a certificate under Bombay Regulation VIII of 1827 or anycorresponding law in force, where the amount or value of the property inrespect of which the probate or letters or certificate shall be granted does notexceed one thousand rupees.(v) Application or petition to a Collector or other officer making asettlement of land-revenue , or to a Board of Revenue, or a Commissioner ofRevenue, relating to matters connected with the assessment of land or theascertainment of rights thereto or interest therein, if presented , previous tothe final confirmation of such settlement.(vi) Application relating to a supply for irrigation of water belonging toGovernment.(vii) Application for leave to extend cultivation, or to relinquish land,when presented to an officer of land-revenue by a person holding, underdirect engagement with Government, land of which the revenue is settled,but not permanently.(viii) Application for service of notice of relinquishment of land or ofenhancement of rent.(ix) Written authority to an agent to distrain.(x) Petition, application, charge or information respecting any offencewhen presented, made or laid to or before a Police Officer, or to orbefore the Heads of Villages or the village Police.(xi) Petition by a prisoner, or other person in duress or under restraintofany Court or its Officer.(xii)(xiii)(xiv)(xv)Complaint of a public servant ( as defined in the Indian PenalCode), a Municipal Officer, or an officer or servant of a RailwayCompany.Application for the payment of money due by Government to theapplicant.Petition of appeal against any municipal tax.Applications for compensation under any law for the time being inforce relating to the acquisition of property for public purposes,other than those chargeable under Article 15 of Schedule I.1[2) Nothing contained in this Act shall render an application to the Courtunder section 543 of the Companies Act, 1956, chargeable with any fee :Exemption ofcertain documents.Provided that, if the applicant succeeds, the person, director, managingagent, secretary and treasurer, manager, liquidator or officer of thecompany concerned against whom and order is made by the Court underthat section, shall be liable to pay the fee leviable on a plaint in a suit for thesame relief as is ordered by the Court; and the amount of such fee shall,without prejudice to any other mode of recovery, be recoverable as an arrearof [land revenue. ].1. Section 20 was renumbered as sub-section (1) and sub-section (2) wasadded by Mah. 18 of 1960, s.2.CHAPTER IVPROBATES, LETTERS OF ADMINISTRATION AND CERTIFICATESOF ADMINISTRATION.
Page 5 and 6: FEES IN THE HIGH COURT AND IN THE C
Page 7 and 8: forownershipetc. ofimmoveable prope
Page 9 and 10: for share injointpropertyfor intere
Page 11: Cost ofinquiry asto valuationand re
Page 15 and 16: 25. Where any person on applying fo
Page 17 and 18: CHAPTER VPROCESS FEES.Rules as toco
Page 19 and 20: Repaymentof fee incertaincircumstan
Page 21 and 22: Number.1.....Proper fee.2. Plaint i
Page 23 and 24: 12. Certificate under Bobay Regulat
Page 25 and 26: 1400 1500 260 5500 5600 7701500 160
Page 27 and 28: Number1. Application or petitionBom
Page 29 and 30: 14. Caveat15. Application for permi
Page 31 and 32: 22. Petitions under the Indian Chri
Page 33 and 34: 33. Election petition questioning t
Page 35 and 36: (b) complaint under section 28 to t
Page 37: ANNEXURE 'B'SCHEDULE OF DEBTS, ETC.

The Bombay Court Fees ACT, 1959 - District Courts, Maharashtra

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