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State of Bihar - Act

The Court Fees (Bihar Amendment) Act, 2007

BIHAR
India

The Court Fees (Bihar Amendment) Act, 2007

Act 4 of 2008

  • Published on 7 January 2008
  • Commenced on 7 January 2008
  • [This is the version of this document from 7 January 2008.]
  • [Note: The original publication document is not available and this content could not be verified.]
The Court Fees (Bihar Amendment) Act, 2007Bihar Act 4 of 2008[Dated 7th January, 2008]Published in Bihar Gazette (Extraordinary), dated 8.1.2008.An Act to amend the Court Fees Act, 1870 in its application to the State of BiharBe it enacted by the Legislature of the State of Bihar in the Fifty eighth year of the Republic of India as follows:-

1. Short title, extent and commencement.

(1)It shall be called Court Fees (Bihar Amendment) Act, 2007.
(2)It shall extend to the whole of the State of Bihar.
(3)It shall come into force at once.

2. Substitution of Schedules I and II appended to Act VII, 1870.

- In the Court Fees Act, 1870 [Act VII of 1870] as amended by Court Fees [(Bihar Amendment) Act, 1995] Schedules I and II shall be substituted, by the following:-

I

Ad Valorem Fees
No. Subject   Description   Rates
1 Plaint, written statement, pleading of anadjustment or counter claim or memorandum of appeal or a crossobjection, or plaint or memorandum of appeal to set aside anaward not otherwise provided in this Act, presented to any Civilor Revenue Court except those mentioned in Section-3.   When the amount or value of the subject matter indispute-    
  (i) up to Rs. 30,000/- (Rupees thirty thousand)   15% of the amount or value
  (ii) exceed Rs. 30,000/- (Rupees thirty thousand)but does not exceed Rs. 5,00,000/- (Rupees five lac).   Rs. 4,500/- (Rupees four thousand five hundred) +10% of amount or value exceeding Rs. 30,000/- (Rupees thirtythousand).
  (iii) exceeds Rs. 5,00,000/- (five lac) but doesnot exceed Rs. 20,00,000/-(twenty lac).   Rs. 51,500 (fifty one thousand five hundred) + 5%of amount or value exceeding Rs. 5,00,000/- (five lac).
  (iv) exceeds Rs. 20,00,000/- (Rupees twenty lac),Rs. 1 (one) crore.   Rs. 1,26,500 (Rupees one lac twenty six thousandfive hundred) + 1% of the amount or value exceeding Rs.20,00,000/- (Rupees twenty lac).
  (v) exceeds Rs. 1 (one) crore   Rs. 2,06,500/- (Rupees two lac six thousand fivehundred) + ½% of the amount or value exceeding Rs. 1(one) crore. Maximum Rs. 3,00,000/- (rupees three lac.)
2 Plaint in a suit for possession under Section 6 ofSpecific Relief Act, 1963.       According to rates as prescribed in item no.1.
3 Probate of a will or letters of administrationwith or without will annexed.       10% of the amount or value [minimum Rs. 500/-(Rupees five hundred) & maximum Rs. 3,00,000/- (Rupees threelac)].
4 Certificate under the Succession Certificate Act,1889.       As prescribed in item no. 3 on amount or valueindicated on certificate.

II

Fixed Fees
No. Subject   Description   Fee
1 (1) Application or petition   When presented to an administrative or revenueofficer of State Government or Central Government or local bodyor in a civil or criminal or small cause court other than HighCourt and which is not otherwise provided-   Rs. 20/- (Rupees twenty)
  (2) When presented to the High Court-   (i) Under Article 226, 227 or under Article 226and 227 of the Constitution-    
      (a) To file a generalapplication.   Rs. 500/- (Rupees five hundred).
      (b) To file a PublicInterest Litigation.   Rs. 1000/- (Rupees one thousand).
      (ii) On other applications   Rs. 250/- (Rupees two hundred fifty).
  (3) Application for Civil Revision under Section115 of Civil Procedure Code or Criminal Revision under Section397 read with Section 399/401 of Criminal Procedure Code.       Rs. 250/- (Rupees two hundred fifty).
2 Application to call for records from any otherCourt.       Rs. 50/- (Rupees fifty).
3 Application for leave to sue as a pauper or forleave to appeal as pauper.       Rs. 20/- (Rupees twenty).
4 Plaint or memorandum of appeal to establish orprove a right of occupancy.       Rs. 100/- (Rupees one hundred).
5 Bail Bond or other instruments of obligation givenin pursuance of any order made by a Court or Magistrate underany section of the Code of Criminal Procedure, 1973 or the Codeof Civil Procedure, 1908 and not otherwise provided by this Act.       Rs. 20/- (Rupees twenty).
6 Undertaking under Section 49 of the Indian DivorceAct, 1869 (4 of 1869).       Rs. 100/- (Rupees one hundred).
7 Affidavit   (i) In all other courts except the High Court.   Rs. 20/- (Rupees twenty Rupees).
      (ii) In the High Court.   Rs. 30/- (Rupees thirty).
8 Vakalatnama   (i) In all other courts except the High Court.   Rs. 30/- (Rupees thirty) [Court fee Rs. 20/- +Advocate Welfare stamps Rs. 10/-].
      (ii) In the High Court.   Rs. 50/- (Rupees fifty) [Court fee Rs. 30/-+Advocate Welfare stamp Rs. 20/-].
9 All kinds of copies of any judgement, decree,order, proceeding, the documents filed in a proceeding etc.       Rs. 10/- (Rupees ten) per page.
10 Caveat       Rs. 100/- (Rupees one hundred)
11 Application for review of judgement.       Rs. 500/- (Rupees five hundred) only.
12 Memorandum of Appeal when the appeal is not from adecree or an order having the force of a decree and ispresented.   (a) To any Civil Court other than a High Court, orto any Revenue Court, or Executive Officer, other than the HighCourt or Chief Controlling Revenue or Executive Authority.   Rs. 50/- (Rupees fifty).
      (b) To High Court or Chief Controlling Executiveor Revenue Authority.   Rs. 100/- (Rupees one hundred).
13 Plaint or Memorandum of Appeal in each of thefollowing suits:-   (i) To alter or set aside a summary decision ororder of any of the Civil Courts (not established by LettersPatent or not a Revenue Court)   Rs. 500/- (Rupees five hundred).
      (ii) To alter or cancel any entry in a register ofthe names of proprietors of revenue paying estates.   Rs. 500/- (Rupees five hundred).
      (iii) To obtain a declaratory decree where noconsequential relief is prayed.   Rs. 1000/- (Rupees one thousand).
      (iv) To set aside an award.   Rs. 1000/- (Rupees one thousand).
      (v) To set aside an adoption.   Rs. 1000/- (Rupees one thousand).
      (vi) For every other suit where it is not possibleto estimate at a money value the subject matter in dispute andwhich is not otherwise provided for by this Act.   Rs. 1000/- (Rupees one thousand).
14 Agreement in writing stating a question for theopinion of the Court under the Code of Civil Procedure, 1908.       Rs. 200/- (Rupees two hundred).
15 (1) Every petition under the Indian Divorce Act,1869 except under Section 44 of the same Act and everyMemorandum of Appeal under Section 55 of the same Act.       Rs. 500/- (Rupees five hundred).
  (2) Plaint or Memorandum of Appeal under the ParsiMarriage and Divorce Act, 1865.