Court Fees and Regulations Quiz
46 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

How is the fee computed for money-related suits?

  • According to the amount claimed in the suit (correct)
  • Based on the market value of the subject matter
  • Fixed at a standard rate regardless of the claim
  • Determined by the duration of the claim
  • In suits for maintenance and annuities, how is the value of the subject matter determined?

  • Determined based on historical payout values
  • It is calculated as ten times the amount claimed for one year (correct)
  • It is the exact amount claimed
  • It is half the total of the claimed amount
  • For suits involving movable property with no market value, which of the following applies?

  • Fees are determined by the weight of the property
  • Fees are based on the estimated market value
  • Fees are computed according to the claim's value in the plaint (correct)
  • Fees are not applicable in these cases
  • How is the fee determined for a declaratory decree where consequential relief is sought?

    <p>According to the amount at which relief is valued in the plaint</p> Signup and view all the answers

    In a suit for an injunction, how is the court fee assessed?

    <p>According to the amount claimed in terms of relief</p> Signup and view all the answers

    What authority does the Chief Controlling Revenue-authority have regarding penalties?

    <p>They may remit the whole or any part of any penalty.</p> Signup and view all the answers

    Which sections do not apply to probates or letters of administration?

    <p>Sections 6 and 28</p> Signup and view all the answers

    What is one matter that the High Court will make rules about according to the content?

    <p>The fees for serving and executing processes</p> Signup and view all the answers

    What type of courts are mentioned in connection with rules about process fees?

    <p>Revenue Courts and Criminal Courts</p> Signup and view all the answers

    Who must confirm the rules made by the High Court regarding process fees?

    <p>The State Government</p> Signup and view all the answers

    Until new rules are published, what continues to be levied concerning process fees?

    <p>Fees now leviable for serving and executing processes</p> Signup and view all the answers

    What type of remuneration is mentioned for those employed in the service of processes?

    <p>Remuneration for peons and other appointed persons</p> Signup and view all the answers

    Where should the table of process fees be displayed?

    <p>In a conspicuous part of each Court</p> Signup and view all the answers

    What happens if the debts of a deceased person are not ascertained within three years?

    <p>The Authority may allow additional time for the claim.</p> Signup and view all the answers

    In what situation is no additional fee charged when a grant is made?

    <p>If a grant has already been made for the same property.</p> Signup and view all the answers

    What is a consequence of estimating an estate to be of lesser value during probate application?

    <p>There may be an adjustment if the actual value is higher.</p> Signup and view all the answers

    What validity does a probate or letters of administration hold in terms of trust-property?

    <p>It is valid regardless of court-fee assessment.</p> Signup and view all the answers

    Which of the following statements about court fees on probates is true?

    <p>The paid court fee affects future applications for the same estate.</p> Signup and view all the answers

    What is one potential outcome when an executor cannot claim an amount within three years?

    <p>The executor may request an extension from the Authority.</p> Signup and view all the answers

    When is a probate considered valid in relation to the properties of a deceased person?

    <p>When it is granted for possessions the deceased owned partially or fully.</p> Signup and view all the answers

    In which scenario is a fee deducted when applying for a new grant?

    <p>For a partial grant of the same property.</p> Signup and view all the answers

    What must occur for a document that requires a stamp to be considered valid?

    <p>It must be properly stamped before submission.</p> Signup and view all the answers

    Who must concur on rules for stamps used under section 3 in a High Court?

    <p>The Chief Justice of the High Court.</p> Signup and view all the answers

    What happens if a document is received without being properly stamped due to inadvertence?

    <p>Only the presiding Judge can authorize stamping.</p> Signup and view all the answers

    What is required when a stamp on a document has been cancelled?

    <p>The figure-head of the stamp must be preserved.</p> Signup and view all the answers

    When a document is amended to correct a mistake, what is typically required regarding stamps?

    <p>No fresh stamp is necessary.</p> Signup and view all the answers

    What is the role of the officer appointed by the Court regarding stamp cancellation?

    <p>To effect cancellation of the stamp as per regulations.</p> Signup and view all the answers

    What should be done with the part of the stamp that is removed during cancellation?

    <p>It must be burnt or otherwise destroyed.</p> Signup and view all the answers

    Which of the following statements is true regarding the publication of the rules for stamps?

    <p>They must be published in the Official Gazette.</p> Signup and view all the answers

    What authority does the Collector have if they believe the value of the deceased's property has been underestimated?

    <p>The Collector may require the attendance of the petitioner.</p> Signup and view all the answers

    Within what time frame must the Collector move the court regarding a valuation inquiry after the inventory is exhibited?

    <p>Six months</p> Signup and view all the answers

    What role does the Collector play during the inquiry into the property value?

    <p>The Collector is considered a party to the inquiry.</p> Signup and view all the answers

    What must the court do upon being moved by the Collector?

    <p>Hold an inquiry into the true value of the property.</p> Signup and view all the answers

    Which of the following may the authorized person do in the course of the inquiry?

    <p>Examine the petitioner on oath.</p> Signup and view all the answers

    What happens if the petitioner does not amend the valuation to the satisfaction of the Collector?

    <p>The Collector may move the court for an inquiry.</p> Signup and view all the answers

    What is included in the evidence returned to the court after an inquiry?

    <p>The evidence taken and the report of the inquiry.</p> Signup and view all the answers

    What must the court be satisfied with before accepting the inquiry report?

    <p>That the report is not erroneous.</p> Signup and view all the answers

    What is the proper court fee for a subject matter value of Rs. 440?

    <p>12</p> Signup and view all the answers

    Which of the following values does not have a corresponding proper court fee listed?

    <p>600</p> Signup and view all the answers

    At what subject matter value does the proper court fee start increasing from 0?

    <p>410</p> Signup and view all the answers

    For a subject matter of Rs. 580, what is the proper court fee?

    <p>8</p> Signup and view all the answers

    What is the proper fee for a subject matter value of Rs. 720?

    <p>It is not specified</p> Signup and view all the answers

    For which subject matter value is there a proper court fee of Rs. 36?

    <p>310</p> Signup and view all the answers

    At a subject matter value of Rs. 510, what is the correct court fee?

    <p>4</p> Signup and view all the answers

    Which of the following subject matter values does not incur a fee?

    <p>620</p> Signup and view all the answers

    For a subject matter value of Rs. 700, which of the following is true?

    <p>The court fee is not defined</p> Signup and view all the answers

    Study Notes

    Introduction

    • A system for paying fees for court cases was developed with the establishment of courts.
    • The Court-fees Act of 1870 aimed to rectify issues arising from the previous Act XXVI of 1867.
    • The fees were initially tentative, leading to a repressive effect on the overall litigation of the country.
    • A general reduction in fees and a return to the principle of maximum fees were proposed.
    • Adjusting valuation related to land under temporary settlement or exempt from government revenue was also addressed.
    • The bill aimed to clarify the distinction between stamp revenue and judicial stamps.

    Statement of Objects and Reasons

    • Court fees, as established by Act XXVI of 1867, were initially tentative.
    • Two years of experience demonstrated a repressive impact on litigation.
    • Reducing the rates of fees chargeable for initiating civil suits was considered necessary.
    • Adjusting land valuations for temporary settlements or revenue-exempt land was suggested as relatively excessive compared to permanently settled land.
    • A specific valuation system for parcels of land under settlement but with no specific government revenue allotment was proposed.

    Fees in Other Courts and in Public Offices

    • Fees are payable on documents filed, exhibited, or recorded in courts.
    • There are exceptions pertaining to specific jurisdictions.
    • Exceptions are detailed, including those related to petitions in criminal courts.

    Computation of Fees Payable in Certain Suits

    • Court fees are computed differently based on the subject matter of the suit.
    • Types of suits include those seeking money, maintenance, moveable property, or for enforcing rights or relief.
    • Specific formulas for determining the value and method for calculations are provided for different cases (land, houses, etc).

    Fees on Documents Filed

    • Court fees are levied on documents filed for an extraordinary jurisdiction of the court.
    • Extra details related to fees were provided for appeal cases, reference, and revision jurisdiction.

    Procedure in case of differences on necessity or amount of fee

    • Disputes regarding the necessity or the amount of fees are resolved by defaulting to the taxing officer or the first judge of the small cause court.
    • The case is deemed final unless it involves an issue of general importance, in which case the final decision is made by the Chief Judge.

    Studying That Suits You

    Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

    Quiz Team

    Related Documents

    Court Fees Act 1870 PDF

    Description

    Test your knowledge about the computation of court fees related to various suits, including maintenance, annuities, and injunctions. Explore the rules surrounding the authority of the Chief Controlling Revenue-authority and processes regarding probates and letters of administration. This quiz encompasses key aspects of legal fees and processes in court systems.

    More Like This

    High Court Writ Fees Quiz
    23 questions

    High Court Writ Fees Quiz

    AuthenticConcreteArt avatar
    AuthenticConcreteArt
    Tasación de Costas Procesales Penales
    18 questions
    Use Quizgecko on...
    Browser
    Browser