The Court-Fees (Delhi Amendment) Act, 2012

DELHI
India

The Court-Fees (Delhi Amendment) Act, 2012

Act 11 of 2012

Published on 4 June 2012
Commenced on 4 June 2012
[This is the version of this document from 4 June 2012.]
[Note: The original publication document is not available and this content could not be verified.]

The Court-Fees (Delhi Amendment) Act, 2012Delhi Act 11 of 2012(As passed by the Legislative Assembly of the National Capital Territory of Delhi on the 4th June, 2012)[4th July, 2012]An Act further to amend the Court-Fees Act, 1870 in its application to the National Capital Territory of Delhi.Be it enacted by the Legislative Assembly of the National Capital Territory of Delhi in the Sixty-third Year of the Republic of India as follows:

1. Short title, extent and commencement.

(1)This Act may be called the Court Fees (Delhi Amendment) Act, 2012.

(2)It extends to the whole of the National Capital Territory of Delhi.

(3)It shall come into force on such [date] [Came into force on 1-8-2012, vide Notification No. F.1(21)/Regn.Br./DivCom/2010/ 20780-92, dated 31st July, 2012. (Now stands not effective vide Supreme Court Order dated 12th November, 2013)] as the Government may, by notification in the official Gazette, appoint.

2. Amendment of section 26.

-In the Court Fees Act, 1870 as in force in the National Capital Territory of Delhi (hereinafter referred to as "the principal Act", section 26 shall be re-numbered as sub-section (1) thereof, and after sub-section (1) as so re-numbered, the following sub-section shall be inserted, namely:"(2) For the purposes of sub-section (1), and section 25, "stamp" means any mark, seal or endorsement by any agency or person duly authorised by the Appropriate Government, and includes an adhesive or impressed stamp, for the purposes of court fee chargeable under this Act.Explanation.-"impressed stamp" includes impression by a franking machine or ant other machine, or a unique number generated by e-stamping or similar software, as the Appropriate Government may, by notification in the official Gazette, specify

3. Substitution of new Schedules for the Schedule I and the Schedule II.

-In the principal Act, for the Schedule I and the Schedule II, the following Schedules shall respectively be substituted, namely:

I

(AS APPLICABLE TO THE NATIONAL CAPITAL TERRITORY OF DELHI) AD VALOREM FEES

S.No.	Number		Proper fee
1.	Plaint, written statement, pleading, a set offor counterclaim or memorandum of appeal (not otherwise providedfor under any of these Schedules the Court Fees Act, 1870 (7 of1870) or of cross objection presented to any Civil or RevenueCourt except those mentioned in section 8	When the amount or value of subject-matter indispute is-(i) upto fifty thousand rupees;(ii)fifty thousand one rupees upto twenty lakh rupees.(iii)above twenty lakh rupees.	Two percentum on such amount orvalue or one of thousand rupees whichever is more;Threepercentum on such amount or value;Four percentum on suchamount or value.
2.	Plaint in suit for possession under section 6of the Specific Relief Act, 1963 (47 of 1963).		A fee of one-half the amount prescribed in theforegoing scale (vide Article I).
3.	Complaint under section 138 of the Negotiableinstrument Act, 1881 (26 of 1881).		Same as prescribed in the foregoing scale (videArticle I) calculated in terms with value of the instrument.
4.	Suit for partition of immoveable jointproperty.	Filed before Civil Court including High Courtat its original side, (as per pecuniary jurisdiction).	Ad-velorem as per Article 1 of this Schedulecalculated in accordance with market value of the propertysubject to minimum court-fee of one thousand rupees.
5.	Application for review of judgment, ifpresented on or after the ninetieth day from the date of thedecree.		The fee leviable on the plaint or memorandum ofappeal.
6.	Application for review of judgment, ifpresented before the ninetieth day from the date of the decree.		One-half of the fee leviable on the plaint ormemorandum of appeal.
7.	Copy of translation of judgment or order notbeing, or having the force of a decree.	When such judgment or order is passed by anyCivil Court other than a High Court, or by the Presiding Officerof any Revenue Court or Officer of any Revenue Court or Officeor by any other judicial Executive Authority.	Ten rupees per page.
		When such judgment or order is passed by a HighCourt.	Twenty rupees per page.
8.	Copy of decree or order having the force of adecree.	When such decree or order is made by any CivilCourt other than a High Court, or by any Revenue Court.	Ten rupees per page.
		When such decree or order is made by a HighCourt.	Twenty rupees per page.
9.	Copy of any document liable to stamp-duty underthe Indian Stamp Act, 1899, when left by any party to a suit orproceeding in place of the original withdrawn, provided suchcopy is not subject to any duty under the Indian Stamp Act,1899.	(a) When the stamp-duty chargeable on theoriginal does not exceed one rupee.(b) In any other case	One rupee.Ten rupees.
10.	Copy of any revenue or judicial proceeding ororder not otherwise provided for by this Act, or copy of anyaccount, statement, report or the like, taken out of any Civilor Criminal or Revenue Court of Office or from the office of anychief officer charged with the executive administration of adivision.	For every three hundred and sixty words orfraction of three hundred and sixty words.	Ten rupees.
11.	Probate of a Will or Letters of Administrationwith or without Will annexed.	When the amount or value of the property inrespect of which the grant of probate or letters is made exceedsone lakh rupees, but does not exceed ten lakh rupees.	Two and one-half per centum on such amount orvalue.
		When such amount or value exceeds ten lakhrupees, but does not exceed fifty lakh rupees.	Three and one-quarter per centum on suchamount or value.
		When such amount or value exceeds fifty lakhrupees.	Four per centum on such amount or value.
		Provided that when after the grant of acertificate under Part X of the Indian Succession Act 1925 (39of 1925) or under the Regulation of the Bombay Code No. 8 of1827 in respect of any property included in an estate, a grantof probate or letters of administration is made in respect ofthe same estate, the fee payable in respect of the latter grantshall be reduced by the amount of the fee paid in respect of theformer grant.
12.	Certificate under Part-X of the IndianSuccession Act, 1925 (39 of 1925).		Two and one-half per centum on the amount orvalue of any debt or security specified in the certificate undersection 374 of the Act, and four per centum on the amount orvalue of any debt or security to which the certificate isextended under section 376 of the Act.
			Note.-(1) The amount of a debt is its amount,including interest on the day on which the inclusion of the debtin the certificate is applied for, so far as such amount can beascertained.
			(2) Whether or not any power with respect to asecurity specified in a certificate has been conferred under theAct and where such a power has been so conferred, whether thepower is for the receiving of interest or dividends on or forthe negotiation or transfer of, the security of for bothpurposes, the value of the security is its market-value on theday on which the inclusion of the security in the certificate isapplied for, so far as such value can be ascertained.
13.	Application to the High Court of Delhi for theexercise of its Jurisdiction under section 44 of the PunjabCourts Act, 1918, as extended to the National Capital Territoryof Delhi or to the Court of the Lt. Governor of Delhi for theexercise of its revisional jurisdiction under section 84 of thePunjab Tenancy Act, 1887 (16 of 1887).	When the amount or value of the subject-matterin dispute does not exceed fifty thousand rupees.Whensuch amount or value exceeds fifty thousand rupees.	One hundred rupees.The feeleviable on a memorandum of appeal.

II

(AS APPLICABLE TO THE NATIONAL CAPITAL TERRITORY OF DELHI) FIXED FEES

S. No.	Number		Proper fee
1.	Application of petition	(a) When presented to any officer of theCustoms or Excise Department or to any Magistrate by any personhaving dealings with the Government, and when the subject-matterof such application relates exclusively to those dealings;
		Or
		When presented to any officer of Land Revenueby any person holding temporarily settled land under directengagement with Government and when the subject-matter of theapplication or petition relates exclusively to such engagement;
		Or
		When presented to any Municipal Commissionerunder any Act, for the time being in force, for the conservancyor improvement of any place, if the application or petitionrelates solely to such conservancy or improvement;
		Or
		When presented to any Civil Court other than aprincipal Civil Court of original jurisdiction or to any Courtof Small Causes constituted under Act No. 11 of 1865 or underAct No. 16 of 1868, section 20, or to a Collector or otherofficer of revenue in relation to any suit or case in which theamount or value of the subject-matter is less than fifty rupees;
		Or
		When presented to any Civil, Criminal orRevenue Court, or to any Board or Executive Officer for thepurpose of obtaining a copy or translation of any judgment,decree or order passed by such Court, Board or Officer, or ofany other document on record in such Court or Office.	Ten rupees.
		(b) When containing a complaint or charge ofany offence other than an offence for which police officers may,under the Code of Criminal Procedure 1973 (2 of 1974), arrestwithout warrant, and presented to any Criminal Court;
		Or
		When presented to a Civil, Criminal or RevenueCourt or to a Collector or any Revenue Officer havingjurisdiction equal or subordinate to a Collector, or to anyMagistrate in his executive capacity, and not otherwise providedfor by this Act;
		Or
		to deposit in Court revenue or rent;	Ten rupees.
		Or
		for determination by a Court of the amount ofcompensation to be paid by land-lord to his tenant.
		(c) When presented to a Chief Commissioner orother Chief Controller, Revenue or Executive Authority, or to aCommissioner of Revenue or Circuit, or to any Chief Officercharged with the executive administration of a Division and nototherwise provided for by this Act.	Ten rupees.
		(d) When presented to the High Court:
		(i) Under article 226 of the Constitution ofIndia other than petition for habeaus corpus and petitionsarising out of criminal proceedings;	One hundred rupees.
		(ii) Letters Patent Appeal under the LetterPatent charter;	One hundred rupees.
		(iii) Under article 227 of the Constitution of India;	One hundred rupees.
		(iv) In all other cases not specifically provided.	Two hundred fifty rupees.
2.	Application to any Civil Court that records maybe called for from another Court.	When the Court grants the application and is ofopinion that the transmission of such records involves the useof the post.	Ten percentum in addition to the fee levied onthe application under clause (a), clause (b) or clause (d) ofArticle-I of this Schedule.
3.	Plaint or memorandum of appeal in a suit toestablish or disprove a right of occupancy.		One hundred twenty-five rupees.
4.	Undertaking under section 49 of the DivorceAct, 1869 (4 of 1869).		One hundred twenty-five rupees.
5.	Memorandum of appeal when the appeal is notfrom a decree or an order having the force of decree, and ispresented.	(a) to any Civil Court other than a High Courtor to any Revenue Court or Executive Officer other than the HighCourt or Chief Controlling Revenue or Executive Authority.	Ten rupees.
		(b) to the High Court or Chief Commissioner, orother Chief Controlling Executive or Revenue Authority.	Twenty rupees.
6.	Every petition or application or memorandum ofappeal under the Special Marriage Act, 1954 (43 of 1954) or theHindu Marriage Act, 1955 (25 of 1955) or the Dissolution ofMuslim Marriage Act, 1939 (8 of 1939).		One hundred fifty rupees.
7.	Plaint or memorandum of appeal in each of thefollowing suits:
	(i) to alter or set aside a summary decision or order of anyof the Civil Courts not established by Letters Patent or of anyRevenue Court;		Two hundred rupees.
	(ii) to alter or cancel any entry in a register of the namesof proprietors of revenue paying estates;		Two hundred rupees.
	(iii) to obtain a declaratory decree where noconsequential relief is prayed;		Two hundred rupees.
	(iv) to set aside an adoption;		One hundred fifty rupees.
	(v) 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 any of the schedules ofthe Court Fees Act, 1870 (7 of 1870).		One hundred fifty rupees.
8.(a)	Application under the Arbitration and Conciliation Act, 1996(26 of 1996).
	(i) for appointment of Arbitrator under section 11;	When made before-
		(i) a Civil Judge;	Two hundred fifty rupees.
		(ii) a District Judge;	Five hundred rupees.
		(iii) the High Court.	One thousand rupees.
	(ii) for court assistance in taking evidenceunder section 27;	When made before-
		(i) a Civil Judge;	Two hundred fifty rupees.
		(ii) a District Judge;	Five hundred rupees.
		(iii) the High Court.	One thousand rupees.
	(iii) for seeking enforcement of an award undersection 36;	When made before-	One thousand rupees or one percentum of theamount awarded in the Award, whichever is more.
		(i) a Civil Judge;
		(ii) a District Judge;
		(iii) the High Court.
	(iv) for setting aside the arbitral award undersection 34;	When made before-	One thousand rupees or one percentum of theamount awarded, whichever is more.
		(i) a Civil Judge;
		(ii) a District Judge;
		(iii) the High Court.
8.(b)	Memorandum of appeal under section 37;		One thousand rupees or one percentum of theamount awarded, whichever is more.
9.	Agreement in writing stating a question for theopinion of the Court under the Code of Civil Procedure, 1908 (5of 1908).		One hundred fifty rupees.
10.	Every petition under the Divorce Act, 1869 (4of 1869) except petitions under section 44 of the same Act, andevery memorandum of appeal under section 55 of the same Act.		One hundred fifty rupees.
11.	Plaint or memorandum of appeal under the ParsiMarriage and Divorce Act, 1936 (3 of 1936).		One hundred fifty rupees.
12.	Plaint or memorandum of appeal in a suit by areversioner under any customary law in force in the NationalCapital Territory of Delhi for declaration in respect of analienation of an ancestral land.		One hundred fifty rupees.
13.	Application or memorandum of appeal for reliefunder the Delhi Rent Control Act, 1958 (59 of 1958).		One hundred fifty rupees.
14.	Claims for money (whether secured or unsecured)or a claim to set off made against such claims or counter-claimsunder the Banking Companies Act, 1949 (10 of 1949).	(a) Where the amount does not exceeds twothousand five hundred rupees.	One hundred fifty rupees.
		(b) Where the amount exceeds two thousand fivehundred rupees but does not exceeds ten thousand rupees.	Two hundred fifty rupees.
		(c)Where the amount exceeds ten thousandrupees.	Five hundred rupees.
15.	Memorandum of appeal from an order or decisionpassed under the provision of section 45B of the BankingCompanies Act, 1949 (10 of 1949).	(a) Where the amount exceeds five thousandrupees but does not exceeds ten thousand rupees.	One thousand rupees.
		(b) Where the amount exceeds ten thousandrupees.	One thousand five hundred rupees.
16.	Execution petition seeking enforcement of any judgment, orderor decree passed by any court.	(a) When filed before a Civil Judge;	Two hundred fifty rupees.
		(b) When filed before a District Judge.	Five hundred rupees.
		(c) When filed before the High Court.	One thousand rupees.
17.	Transfer petition under section 24 of the Codeof Civil Procedure, 1908; or under sections 402 to 411 of theCode of Criminal Procedure, 1973 (2 of 1974).	(a) When filed before Session Judge/DistrictJudge.	Five hundred rupees.
		(b) When filed before High Court.	One thousand rupees.
		(c) When filed before Chief MetropolitanMagistrate.	Two hundred fifty rupees.
18.	Election petition under the Representation ofPeople Act, 1951 (43 of 1951).		Five thousand rupees.
19.	Petition under section 482 of the Code ofCriminal Procedure, 1973 (2 of 1974) before the High Court.		Two hundred and fifty rupees.
20.	Criminal revision petition under section 397 ofthe Code of Criminal Procedure, 1973 (2 of 1974).	When filed before the High Court.	One hundred rupees.
		When filed before a Sessions Judge.	Fifty rupees.
21.	Criminal Revision Petition under section 401 ofthe Code of Criminal Procedure, 1973 (2 of 1974), before theHigh Court.		One hundred rupees.
22.	Bail application under section 437 or section438 of the Code of Criminal Procedure, 1973 (2 of 1974).	When filed before the High Court.	Two hundred fifty rupees.
		When filed before a Sessions Judge.	One hundred rupees.
		When filed before a Metropolitan Magistrate.	Fifty rupees.
23.	First Appeal against order under section 104 read with Order43 of the Code of Civil Procedure, 1908 (5 of 1908).	When filed before the High Court.	Two hundred and fifty rupees.
		When filed before any other court exercising appellatejurisdiction.	One hundred and fifty rupees.
24.	Under the Companies Act, 1956 (1 of 1956).
	(i) Any proceeding relating to winding up of a company underChapter II of Part VII of the said Act.		Two thousand and five hundred rupees.
	(ii) For any proceeding seeking sanction of the court to thescheme of any compromise, arrangement, reconstruction oramalgamation etc. under Chapter V of Part VI of the said Act.		Two thousand and five hundred rupees.
	(iii) Any proceeding to prevent oppression and/ ormismanagement or any other judicial action under Chapter VI ofPart VI of the said Act.		Two thousand and five hundred rupees.
	(iv) Any other petition under the said Act fortaking any judicial action.		Two hundred and fifty rupees.
	(v) Any appeal under the Companies Act, 1956 (1 of 1956).		Five hundred rupees.
25.	Caveat application.	When filed before a Civil Judge.	One hundred rupees.
		When filed before a District Judge.	Two hundred fifty rupees.
		When filed before the High Court.	Five hundred rupees.
26.	Contempt petition under the Contempt of CourtAct, 1971 (70 of 1971).		One hundred rupees.
27.	Appeal under the Contempt of Court Act, 1971(70 of 1971).		One hundred rupees.
28.	Claim petition under the Motor Vehicles Act,1988 (59 of 1988).	Filed before a Motor Accidents Claims Tribunal.	One hundred rupees.
29.	Appeal under the Motor Vehicles Act, 1988 (59of 1988) against the award passed by a Motor Accidents ClaimsTribunal.		Two hundred and fifty rupees.
30.	Any suit or petition under the IntellectualProperty Rights.	When filed before a Civil Judge. Five hundredrupees.
		When filed before a District Judge.	One thousand rupees.
		When filed before the High Court.	Five thousand rupees.
31.	Appeal relating to and under the Income TaxAct, 1961 (43 of 1961) or the Wealth Tax Act, 1957 (27 of 1957)		Five thousand rupees.
32.	Any suit under the Partnership Act, 1932 (9 of1932) for rendition of accounts and/or partition or for anyrelief under the Limited Liability Partnership Act, 2008.	When filed before a Civil Judge.	One hundred or one percentum of the valuationof the suit, whichever is more;
		When filed before a District Judge.	Two hundred fifty or one percentum of thevaluation of the suit whichever is more;
		When filed before the High Court.	Five hundred or one percentum of the valuationof the suit whichever is more.
33.	Revision petition under section 115 of the Codeof Civil Procedure, 1908 (5 of 1908), filed before the HighCourt.		Five hundred rupees.
34.	Revision petition filed under the Delhi RentControl Act, 1958 (59 of 1958) against the order of the RentController or Rent Control Tribunal, filed before the HighCourt.		Five hundred rupees.
35.	Any other suit or petition not coveredhereinabove.	When filed before a Civil Judge.	One hundred rupees.
		When filed before a District Judge.	Two hundred and fifty rupees.
		When filed before the High Court.	Five hundred rupees.

III [Inserted by the Court-fees Amendment Act, 1899 (2 of 1899), section 3. Earlier Schedule III was repealed by Act 14 of 1870.]

[See section 19(i)]FORM OF VALUATION(to be used with such Modifications if any, as may be necessary)IN THE COURT OFRe: Probate of the Will of (or administration the property and credits of) deceased.

1. .................................... solemnly affirm/make oath and say that I am the executor (or one of the executors or one of the next-of-kin) of deceased, and that I have truly set forth in Annexure A to this affidavit all the property and credits of which the above-named deceased died possessed or was entitled to at the time of his death, and which have come, or are likely to come, to my hands.

2. I further say that I have also truly set forth in Annexure B, all the items I am by law allowed to deduct.

3. I further say that the said assets, exclusive only of such last-mentioned items, but inclusive of all rents, interest, dividends and increased values since the date of the death of this said deceased, are under the value of.

ANNEXURE AVALUATION OF THE MOVEABLE AND IMMOVEABLE PROPERTY OF DECEASEDCash in the house and at the banks, house-hold goods, wearing-apparel, books, plate, jewels, etc......(State estimated value according to best of Executor's or Administrator's belief.) Property in Government securities transferable at the public Debt Office ..............(State description and value at the price of the day; also the interest separately, calculating it to the time of making application.)Immoveable property consisting of .................(State description, giving, in the case of houses, the assessed value, if any, and the number of years' assessment, the market-value is estimated at, and in the case of land, the area, the market value and all rents that have accrued.)Lease-hold property ....................(If the deceased held any leases for years determinable, state the number of years' purchase the profit rents are estimated to be worth and the value of such, insuring separately arrears due at the date of death and all rents received or due since that date to the time of making the application.)Property in public companies ....................(State the particulars and the value calculated at the price of the day; also the interest separately calculating it to the time of making the application.)Policy of insurance upon life, money out on mortgages and other securities such as bonds, mortgages, bills, notes and other securities for money........(State the amount of the whole; also the interest separately, calculating it to the time of making the application.)Book debts (Other than bad.) Stock in trade(State the estimated value, if any.)Other property not comprised under the foregoing heads.(State the estimated value, if any,)________________________________TOTAL________________________________Deduct amount shown in Annexure B, not subject to duty.________________________________NET TOTAL________________________________ANNEXURE B

OF DEBTS, ETC.

Amount of debts due and owing from the deceased, payable by law out of the estate.Amount of funeral expenses..........Amount of mortgage incumbrances...........Property held in trust not beneficially or with general power to confer a beneficial interest.........Other property not subject to duty............TOTAL

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