Why different court fee in cheque bounce case in different states when NI Act is Central Act?

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This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 2 months ago.

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  • #4913

    Anonymous
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    Sir, the Negotiable Instruments Act is a Central Act. Cheque bounce case is under Section 138 of this Act. Then, why there is different court fee for a cheque dishonour case in different states?

  • #4925

    It is true that the Negotiable Instruments Act, 1881, is a Central Act which is applicable throughout India for a cheque dishonour case.

    However, States have their own separate Court Fee Acts which govern as to how much court fee is to be paid for a particular type of court proceeding or case.

    For example, Maharashtra has the Bombay Court-Fees Act, 1959, which lays down court fee rates for various types of proceedings in courts in Maharashtra.

    Likewise, in Tamil Nadu, there is a separate law, namely, the Tamil Nadu Court-fees and Suits Valuation Act, 1955, which governs the court fee rates in Tamil Nadu.

    Similarly, other states have their own court fee Acts.

    It is due to this reason that different states have different court fee for a cheque bounce case under Section 138 of the Negotiable Instruments Act.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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