Section 1985 in Tamil Nadu Court-Fees and Suits Valuation Act, 1955
1985.
Statement of Objects and Reasons - Tamil Nadu Court-fees and Suits Valuation (Amendment) Act, 1991 (Tamil Nadu Act 31 of 1997). - Under section 25 of the Provincial Small Cause Courts Act, 1887 (Central Act IX of 1887), the District Courts are vested with revisional jurisdiction. It has been brought to the notice of (he Government by the High Court of Madras that Courts are experiencing difficulties in the matter of levying Court fees on Civil Revision Petitions filed in the District Court as there is no specific provision in the Tamil Nadu Court-fees and Suits Valuation Act, 1955 (Tamil Nadu Act XIV of 1955) for the purpose. The Government have, therefore, decided to amend Article 11 of Schedule II to the said Tamil Nadu Act XIV of 1955 so as to levy a Court-fee of Rs. 5 (Rupees five only) on revision petition filed before the District Courts under section 25 of the Provincial Small Cause Courts Act, 1887 (Central Act IX of 1887), irrespective of the value of the subject-matter of the suit or proceedings.2. The Bill seeks to give effect to the above decision.Published in Part IV-Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 30th September 1991.Statement of Objects and Reasons - Tamil Nadu Court-fees and Suits Valuation (Amendment and Suspension of operation) Act, 2002 (Tamil Nadu Act 55 of 2002). - The Tamil Nadu Court-fees and Suits Valuation Act, 1955 (Tamil Nadu Act XIV of 1955) provides for levy of Court-fees and valuation of suits. The Court-fee was prescribed considering the money value and the cost of administration of justice then prevailing. Tire Court-fees prescribed in the Act have not been enhanced for more than forty-six years. The money value during the said period has gone down while the cost of administration of justice has gone up manifold. The existing Court-fees as per the said Act are very low. Hence, it has become necessary to increase the Court-fees in order to meet the increased cost in the administration of justice. The State Law Commission has also recommended for the increase of Court-fees. The Government, have, therefore, decided to increase the court-fees at the rates recommended by the State Law Commission in order to meet the increased cost in the administration of justice in Courts and to amend the said Tamil Nadu Act XIV of 1955 for the purpose. Accordingly, the Tamil Nadu Court-fees and Suits Valuation (Amendment) Ordinance, 2002 (Tamil Nadu Ordinance 4 of 2002) was promulgated by the Governor on the 7th August 2002 and the same was published in the Tamil Nadu Government Gazette Extraordinary, dated the 8th August 2002. Various Advocate Associations have represented for re-consideration of the enhancement of the Court-fees. The Government have, therefore, decided to suspend the operation of the said Tamil Nadu Ordinance 4 of 2002 so as to re-consider the enhancement of the Court-fees. Accordingly, the Tamil Nadu Court-fees and Suits Valuation (Amendment) Suspension of Operation Ordinance, 2002 (Tamil Nadu Ordinance 7 of 2002) was promulgated by the Governor on the 5th September 2002 and the same was published in the Tamil Nadu Government Gazette Extraordinary, dated the 5th September 2002.2. The Bill seeks to replace the said Ordinances.Published in Part IV-Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 31st October 2003.Statement of Objects and Reasons - Tamil Nadu Court-fees and Suits Valuation (Amendment) Act, 2003 (Tamil Nadu Act 17 of 2003). - The Tamil Nadu Court-fees and Suits Valuation (Amendment) Ordinance, 2002 (Tamil Nadu Ordinance 4 of 2002) was promulgated so as to increase Court-fees at the rates recommended by the State Law Commission. As various Advocate Associations represented for re-consideration of the enhancement of the Court-fees, the Government suspended the operation of the Tamil Nadu Court-fees and Suits Valuation (Amendment) Ordinance, 2002 by another Ordinance, namely, the Tamil Nadu Court-fees and Suits Valuation (Amendment) Suspension of Operation Ordinance, 2002 (Tamil Nadu Ordinance 7 of_2002). Subsequently, the said Ordinances were replaced by an Act. In effect, the enhanced rate of Court-fees are not in force.2. In G. O. Ms. No. 873, Home, dated 19-9-2002, the Government constituted a Committee to examiner the question of revision of Court-fees. The Committee, after considering various factors, recommended new rates of Court-fees that maybe levied under the Tamil Nadu Court-fees and. Su its Valuation Act, 1955 (Tamil Nadu Act XIV of 1955). The Government have accepted the recommendations of the Committee and decided to amend the said Tamil Nadu Act XIV of 1955, suitably.3. The Bill seeks to give effect to the above decision.Published in Part IV-Section 1 of the Tamil Kudu Government Gazette Extraordinary, dated the 10th May 2003.Statement of Objects and Reasons - Tamil Nadu Court-fees and Suits Valuation (Amendment) Act, 2007) (Tamil Nadu Act 44 of 2007). - As per section 69 of Tamil Nadu Court-fees and Suits Valuation Act, 1955, whenever any suit is dismissed as settled out of Court before any evidence has been recorded on the merits of the claim, half of the amount of all fees paid in respect of the claim or claims in the suit shall be ordered by the Court to be refunded to the parties by whom the same have been respectively paid.
