Court Fees Act, 1870- Schedule II

1. Application or petition

(a) When presented to any officer of the Customs or Excise 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;

or when presented 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;

or when presented to any Municipal Commissioner 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;

One anna.

or when presented to any Civil Court other than a principal Civil Court of original jurisdiction [i][* * *] or to any Court of Small Causes constituted under [ii]Act 11 of 1865 or under [iii]Act No. 16 of 1868, Section 20 or to a Collector or other officer of revenue in relation to any suit or case in which the amount or value of the subject-matter is less than fifty rupees;

or when presented to any Civil, Criminal or Revenue Court, or to any Board or executive officer for the purpose of obtaining a copy or translation of any judgment, decree or order passed by such Court, Board or officer, or of any other document on record in such Court or Office.

(b) When containing a complaint or charge of any offence other than an offence for which police officers may, under the Criminal Procedure Code[iv], arrest without warrant and presented to any Criminal Court;

Or when presented to a Civil, Criminal or Revenue Court, or to a Collector, or any revenue officer having jurisdiction equal or subordinate to a Collector, or to any Magistrate in his executive capacity, and not otherwise provided for by this Act;

Eight annas.

Or to deposit in Court revenue or rent;

Or for determination by a Court of the amount of compensation to be paid by a landlord to his tenant.

(c) When presented to a Chief Commissioner or other Chief Controlling Revenue or Executive Authority, or to a Commissioner of Revenue or Circuit, or to any chief officer charged with the executive administration of a Division and not otherwise provided for by this Act

One rupee.

(d) When presented to a High Court.

Two rupees.

[v][1-A. Application to any Civil Court that records may be called for from another Court.

When the Court grants the application and is of opinion that the transmission of such records involves the use of the post.

Twelve annas in addition to any fee levied on the application under clause (a), clause (b) or clause (d) of Article 1 of this Schedule]

2. Application for leave to sue as a pauper.

Eight annas.

3. Application for leave to appeal as a pauper.

(a) When present to a District Court.

One rupee.

(b) When presented to a Commissioner or a High Court

Two rupees.

4. Plaint or memorandum of appeal in a suit to obtain possession under [vi]Act No. 16 of 1838, or [vii][the [viii]Mamlatdars Courts Act, 1876].

Eight annas.

5. Plaint or memorandum of appeal in a suit to establish or disprove a right of occupancy.

Eight annas.

[ix][6. Bail-bond or other instrument of obligation given in pursuance of an order made by a Court of Magistrate under any section of the Code of Criminal Procedure, 1898, or the Code of Civil Procedure, 1908, and not otherwise provided for by this Act]

Eight annas.

7. Undertaking under Section 49 of the Indian Divorce Act, 1869.

Eight annas.

8. [Repealed by Act, 1891 (12 of 1891).

9. [Repealed by Act, 1891 (12 of 1891).

10. Mukhatarnama or Wakalatnama.

When presented for the conduct of any one case—

(a) To any Civil or Criminal Court other than a High Court, or to any Revenue Court, or to any Collector or Magistrate, or other executive officer except such as are mentioned in clauses (b) and (c) of this number;

Eight annas.

(b) To a Commissioner of Revenue, Circuit or Customs, or to any officer charged with the executive administration of a Division, not being the Chief Revenue or Executive Authority.

One rupee.

(c) To a High Court, Chief Commissioner, Board or Revenue, of other Chief Controlling Revenue or Executive Authority;

Two rupees.

11. Memorandum of appeal when the appeal is not [x][* * *] from a decree or an order having the force of a decree, and is presented-

(a) To any civil Court other than a High Court, or to any revenue Court or Executive Officer other than the High Court or Chief Controlling Revenue or Executive Authority;

Eight annas.

(b) To a High Court or Chief commissioner, or other Chief Controlling Executive or Revenue Authority.

Two rupees.

12. Caveat.

Five rupees

13. Application under [xi]Act No. 10 of 1859, Section 26, or [xii]Bengal Act No. 6 of 1862, Section 9, or [xiii]Bengal Act No. 8 of 1869, Section 37.

Five rupees

14. Petition in a suit under the Native Converts Marriage Dissolution Act, 1866.

Five rupees

15. [Repealed by Code of Civil Procedure, 1908 (Act 5 of 1908)

16. [Repealed by the Probate Administration Act, 1889 (6 of 1889).]

17. Plaint or memorandum of appeal in each of the following suits:—

Ten rupees

(i) to alter or set aside a summary decision or order of any of the Civil Courts not established by Letters Patent or of any Revenue Court;

Ten rupees

(ii) to alter or cancel any entry in a register of the names of proprietors of revenue-paying estates;

Ten rupees

(iii) to obtain a declaratory decree where no consequential relief is prayed;

Ten rupees

(iv) to set aside an award;

Ten rupees

(v) to set aside an adoption;

Ten rupees

(vi) every other suit where it is not possible to estimate at a money-value the subject-matter in dispute, and which is not otherwise provided for by this Act;

Ten rupees

18. Application under Section 326 of the Code of Civil Procedure[xiv].

Ten rupees

[xv][19. Agreement in writing stating a question for the opinion of the Court under the Code of Civil Procedure, 1908 (5 of 1908)].

Ten rupees

20. Every petition under the Indian Divorce Act, 1869 (4 of 1869), except petitions under Section 44 of the same Act, and every memorandum of appeal under Section 55 of the same Act.

Twenty rupees

21. Plaint or memorandum of appeal under the [xvi]Parsi Marriage and Divorce Act, 1865 (15 of 1865).

Twenty rupees