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State of Madhya Pradesh - Section

Section 431 in M.P. Civil Court Rules, 1961

431.

The State Government has made the following reductions and remissions in the fees chargeable under the First and Second Schedules of the Court Fees Act, 1870 namely :-
(1)......
(2)The fees chargeable on applications presented to a Collector for refund of the amount paid to the State Government for stamped paper which has becomes spoiled or unfit for use, or is no longer required for the use and on applications for renewal of stamped paper which has become spoiled or unfit for use.
(3)When a plaint disclosing a reasonable case on the merits if presented to any Civil Court in such a form that the presiding Judge without summoning the defendant, rejects it not for any substantial defect but on account of an entirely technical error in form only, and so as to leave the plaintiff free to prosecute precisely the same case in another form against the same defendant or defendants, the value of stamp on the plaint shall be refunded on presentation of an application to the Collector together with a certificate from the Judge who rejected the plaint that it was rejected under the circumstances above described, and that the value of the stamp should, in his opinion, be refunded.
(4)to (6).........
(7)The fees chargeable under Articles 6, 7 and 9 of the First Schedule on copies furnished by Civil Court for the private use of persons applying for them :Provided that nothing in this clause shall apply to copies when filed, exhibited or recorded in any Court of Justice or received by any public officer.
(8)The fees chargeable, under paragraph 4 of clause (a) and paragraph 6 of clause (b) of Article 1 of the Second Schedule on application for orders for the payment of deposits in cases in which the deposit does not exceed Rs. 23 in amount :Provided that the application is made within three months of the date on which the deposit first become payable to the party making the application.
(9)to (13)....................
(14)The fee chargeable on an application presented by any person for the return of a document filed by him in any Court or public office.
(15)..........................
(16)The fee chargeable on an application for the repayment of a fine or of any portion of a fine the refund of which have been ordered by competent authority.
(17)The fees chargeable on applications for copies of documents detailed in item 14 supra.
(18)to (21).........................
(22)The fees on the property of (1) any person subject to the [Navy Act, 1957 (62 of 1957), the Army Act, 1950, or the Air Force Act, 1950] who is killed while on active service or on service which is of a warlike nature or involves the same risk as active service or dies from wounds inflicted, accidents occurring or disease contracted while on such service and (2) any person being a Government servant, Civil or Military, who dies from wounds or injuries intentionally inflicted while in actual performance of his official duties or in consequence of those duties :-
(a)where the amount or value of property in respect of which the grant of probate or letters of administration is made or which is specified in the certificate under Part X of the Indian Succession Act, 1925, does not exceed Rs. 50,000 to remit the whole of the fees leviable in respect of that property.
(b)where the said amount or value exceeds Rs. 50,000 to remit the whole of the said fees in respect of the first Rs. 50,000.
(c)where any property passes more than once in consequence of such deaths, to remit in the case of second and subsequent successions, the whole of the said fees irrespective of the value or amount of such property :
(23)to (25)...................
(26)The fees chargeable on applications presented to Courts with reference to Rule 2, Order XXI, First Schedule, Code of Civil Procedure, 1908 (V of 1908), in relation to awards made in the course of conciliation proceedings held with the sanction of the State Government.
(27)to (31).....................
(32)The fees chargeable under Article 6 of the Second Schedule to the Court-fees Act, 1870 (VII of 1870), in respect of security bonds hypothecating property executed in pursuance of orders of the Courts under of Code of Civil Procedure, 1908 (V of 1908).
(33)to (35).............
(36)The fees chargeable under Article 9 of the First Schedule to the Court fees Act, 1870, on copies of documents referred to therein filed with any petition or appeal or revision made by any Government servant in the manner mentioned in item 30 above.
(37)The fees chargeable in respect of Indian probates, letters of administration or succession certificates on the share or interest of a deceased member of a company formed under the Companies Act, 1956 (1 of 1956), whose name was registered in a branch register kept in any State or country outside India in accordance with the provisions of Sections 157 and 158 of the Act and who was, at the time of his death, domiciled elsewhere than in India.
(38)to (40).....................
(41)The difference between the court-fees chargeable in accordance with Section 8 of the Government Savings Banks Act, 1873, on the probate of letters of administration, or certificate, if any, granted under the Indian Succession Act, 1925, and the court-fees as would be chargeable, if for the words 'three thousand rupees' the words 'five thousand rupees' had been substituted in that section.
(42)to (44).............
(45)Applications for the grant of letters of administration in respect of estates of persons killed by enemy action-