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State of Uttar Pradesh - Section

Section 585 in The General Rules (Civil), 1957

585. [ Fees allowable on taxation in suits and appeals from decrees. [Substituted by Notification No. 70/VIII-b-188, dated 31-1-1989, published In U. P. Gazette, Part II, dated 26-8-1989.]

- In all suits or appeals from decrees, heard and decided on contest, the fee allowable on taxation shall be as follows :
(i) if the valuation does not exceed Rs. 50; Rs. 10;
(ii) if the valuation exceeds Rs. 50, but does not exceed Rs. 150; Rs. 20;
(iii) if the valuation exceeds Rs. 150, but does not exceed Rs. 250; Rs. 30;
(iv) if the valuation exceeds Rs. 250, but does not exceed Rs. 350; Rs. 40;
(v) if the valuation exceeds Rs. 350, but does not exceed Rs. 500; Rs. 50;
(vi) if the valuation exceeds Rs. 500, but does not exceed Rs. 750; Rs. 70;
(vii) if the valuation exceeds Rs. 750, but does not exceed Rs.1,000; Rs. 100;
(viii) if the valuation exceeds Rs. 1,000, but does not exceed Rs.5,000;plus10 per cent of the valuation above Rs. 5,000; Rs. 100
(ix) if the valuation exceeds Rs. 5,000, but does not exceed Rs.20,000; Rs. 500plus5 per cent of the valuation above Rs. 5,000;
(x) if the valuation exceeds Rs. 20,000, but does not exceed Rs.50,000; Rs. 1,250plus2.5 per cent of the valuation above Rs. 20,000;
(xi) if the valuation exceeds Rs. 50,000, but does not exceed Rs.1,00,000; Rs. 2,000plus1 per cent of the valuation above Rs. 50,000;
(xii) if the valuation exceeds Rs. 1,00,000; Rs. 2,500plus½ per cent of the valuation above Rs. 1,00,000.
Notes. - In calculating the fees allowable on taxation on percentage basis on valuation above Rs. 1,000 amounts upto Rs. 5 shall be ignored and amounts above Rs. 5 but below Rs. 15 shall be taken as Rs. 10 so that the fees allowable on taxation shall in all cases be calculated in multiples of Rs. 10.II - References under the Land Acquisition Act, 1894, or any other law relating to acquisition of property for determination of the compensation payable, and contested matters for the grant of probate and/or letters of administration under the Indian Succession Act, 1925 and contested motor accident compensation claims under the Motor Vehicles Act, 1939,* shall be regarded to be suits and appeals therefrom as appeals from decree and the fees allowable on taxation therein shall be those prescribed by this rule.* See now Motor Vehicles Act, 1988.III - The valuation for the purpose of calculating the fees allowable on taxation shall be the valuation for the purpose of jurisdiction, but in case Court fee is payable ad valorem on the market value of the property, which is the subject-matter of/or involved in the suit or the appeal the valuation shall be that on which Court fee has been paid ad valorem provided that suits or appeals in matrimonial matters, that is, for decrees of restitution of conjugal rights, judicial separation, divorce or nullity of marriage, shall be deemed incapable of valuation, although a valuation for the purpose of jurisdiction has been set forth in the case.All matters arising under the Arbitration Act, shall be treated as miscellaneous cases find appeals therefrom as miscellaneous appeals and not appeals from decree.In references under the Land Acquisition Act, 1894 and any other law relating to acquisition of property, the valuation for the purpose of the rule shall be the amount of compensation claimed in addition to that already allowed or in cases of references or appeals by the Government, the amount by which the compensation already is sought to be reduced :Provided that in such references the Court shall in every case pass an order determining the proper fee (not exceedings the fee allowable on valuation on percentage basis as above) after taking into account the following matters :
(a)Whether the claim was unduly inflated?
(b)Whether similar questions arose in several references arising out of common notification?
IV - In cases of requisition of property the valuation shall be determined on the basis of the annual compensation claimed less the amount of the annual compensation offered by Government and the fee shall be calculated accordingly as in suit on an appeal therefrom.V - in suits and appeals by indigent person for compensation and in motor accident compensation claims the Court shall pass an order in each case determining the proper fee (not exceeding the fee allowable on valuation percentage basis as above) after taking into account whether the claim was unduly inflated.VI - In suit and appeals where the main relief claimed is that of injunction and/or declaration the minimum fee shall be Rs. 100.] [Substituted by Notification No. 212/VIII-b-198, dated 22-7-1959, published in U. P. Gazette, Part II, Dated 3 October, 1959.]