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State of Kerala - Section

Section 4 in Kerala Finance Act, 2016

4. Amendment of Act 10 of 1960.

- In the Kerala Court Fees and Suits Valuation Act, 1959 (10 of 1960), -
(1)in section 76, for sub-section (1), the following sub-section shall be substituted, namely: -"(1) Notwithstanding anything contained in this Act or any other law for the time being in force and subject to section 4A of the Act and sub-rule (1) of rule 397 of the Kerala Motor Vehicle Rules, 1989 it shall be competent for the Government to levy an additional court fee by notification in the Gazette, in respect of original petitions, original applications, appeals or revisions to tribunals, appellate authorities and original suits in Civil Courts other than in Family Court at a rate not exceeding one percent of the amount involved in the dispute and in other cases at a rate not exceeding one hundred rupees for each original suit, original petition, original application, appeal or revision.Explanation. - The term amount involved in the dispute" as specified in sub-section (1), where it is capable of valuation, does not include the amount of valuation for the purpose of court fee, in suits for recovery of possession, partition and suits of similar nature and where fixed court fee is specified under this Act.":
(2)in the Schedule II, in item (iii) of Article 3, -
(a)in sub-item (C), for the entry "one percent of the assessed income, subject to a maximum of ten thousand rupees" In column (3) against clause (c) in column (2), the entry "five percent of the relief sought for, shall be substituted;
(b)in sub-item (D), tor the entry "one percent of the assessed net wealth, subject to a maximum of ten thousand rupees" in column (3) against clause (c) in column (2), the entry "live percent of the relief sought for", shall be substituted.