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State of Karnataka - Section

Section 79 in Karnataka Court-Fees and Suits Valuation Act, 1958

79. Repeal and savings.

(1)The Court Fees Act, 1870 (Central Act VII of 1870) in its application to the [Belgaum Area] [Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973.], and the Coorg District, the Hyderabad Court Fees Act, 1324F (Hyderabad Act VI of 1324F) as in force in the [Gulbarga Area] [Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973.]; the Mysore Court Fees Act, 1900 (Mysore Act III of 1900) and sections 11 and 17A of the Mysore Civil Courts Act, 1883 (Mysore Act I of 1883) as in force in the Mysore Area, in relation to the fees and stamps other than fees and stamps relating to documents presented or to be presented before an officer serving the Central Government, and the Suits Valuation Act, 1887 (Central Act VII of 1887), in its application to the [Belgaum Area] [Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973.], and the Coorg District, the Hyderabad Suits Valuation (For purposes of Jurisdiction) Act, 1318F (Hyderabad Act IV of 1318 Fasli), as in force in the [Gulbarga Area] [Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973.], and the Mysore Suits Valuation Act, 1951 (Mysore Act XXXIX of 1951) as in force in the Mysore Area, and the Madras Court Fees and Suits Valuation Act, 1955 (Madras Act XIV of 1955) as in force in the [Mangalore and Kollegal Area] [Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973.], are hereby repealed: Provided that such repeal shall not affect,-
(a)the previous operation of the said enactments or anything duly done or suffered thereunder; or
(b)any right, privilege, obligation or liability acquired, accrued or incurred under the said enactments; or
(c)any penalty, forfeiture or punishment incurred in respect of any offence committed against the said enactments; or
(d)any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed.
(2)Notwithstanding anything contained in sub-section (1), for the purpose of giving effect to the preceding proviso, to the said sub-section (1), the State Government may, by notification in the Official Gazette, make such provision as appears to it to be necessary or expedient,-
(a)for making omissions from, additions to and adaptations and modifications of the rules, notifications and orders issued under the repealed enactments;
(b)for specifying the authority, officer or person who shall be competent to exercise such functions exercisable under any of the repealed enactments or any rules, notifications, or orders issued thereunder as may be mentioned in the said notification.
(3)All suits and proceedings instituted before the commencement of this Act shall, notwithstanding the repeal of the Acts specified in sub-section (1) be governed by the provisions of the said Acts and the rules made thereunder.
Schedule IAdvalorem fee
Article(1) Particulars(2) Proper fee(3)
1. Plaint, written statement pleading a set offor counterclaim or memorandum of appeal presented to any court.When the amount or value of the subject matterin dispute,-
(i) [ [[Clause (i) to (xvi) Substituted by Act 2 of 1993w.e.f. 29.1.1993.]] Not exceeding rupees 15,000 2½ Per cetum
(ii) exceeding rupees 15,000 but not exceeding rupees75,000. Rupees 375 plus 7½ per centum of theamount exceeding rupees 15,000.
(iii) exceeding rupees 75,000 but not exceeding rupees2,50,000 Rupees 4,875 plus 7 per centum of the amountexceeding rupees 75,000
(iv) exceeding rupees 2,50,000 but not exceedingrupees 5,00,000 Rupees 17,125 plus 6½ per cent-um of theamount exceeding rupees 2,50,000
(v) exceeding rupees 5,00,000 but not exceedingrupees 7,50,000 Rupees 33,375 plus 6 per centum of the amountexceeding rupees 5,00,000
(vi) exceeding rupees 7,50,000 but not exceedingrupees 10,00,000 Rupees 48,375 plus 5½ per cent-tum of theamount exceeding rupees 7,50,000
(vii) exceeding rupees 10,00,000 but not exceedingrupees 15,00,000 Rupees 62,125 plus 5 per centum of the amountexceeding rupees 10,00,000
(viii) exceeding rupees 15,00,000 but not exceedingrupees 20,00,000 Rupees 87,125 plus 4½ per cent-um of theamount exceeding rupees 15,00,000
(ix) exceeding rupees 20,00,000 but not exceedingrupees 25,00,000 Rupees 1,09,625 plus 4 per cent-um of the amountexceeding rupees 20,00,000
(x) exceeding rupees 25,00,000 but not exceedingrupees 30,00,000 Rupees 1,29,625 plus 3½ per ce-ntum ofthe amount exceeding rupees 25,00,000
(xi) exceeding rupees 30,00,000 but not exceedingrupees 40,00,000 Rupees 1,47,125 plus 3 per cent-um of the amountexceeding rupees 30,00,000
(xii) exceeding rupees 40,00,000 but not exceedingrupees 50,00,000 Rupees 1,77,125 plus 2½ per ce-ntum ofthe amount exceeding rupees 40,00,000
(xiii) exceeding rupees 50,00,000 but not exceedingrupees 60,00,000 Rupees 2,02,125 plus 2 per cent-um of the amountexceeding rupees 50,00,000
(xiv) exceeding rupees 60,00,000 but not exceedingrupees 70,00,000 Rupees 2,22,125 plus 1½ per centum of theamount exceeding rupees 60,00,000
(xv) exceeding rupees 70,00,000 but not exceedingrupees 80,00,000 Rupees 2,37,125 plus 1 per centum of the amountexceeding rupees 70,00,000
(xvi) above rupees 80,00,000 Rupees 2,47,125 plus ½ per centum of theamount exceeding rupees 80,00,000]
2(a) Petition under section 26 of the ProvincialInsolvency Act, 1920,[as extended and amended bythe Provincial Insolvency (Karnataka Extension and Amendment),Act 1962 (Karnataka Act 7 of or 1963)] [[Substituted by the Karnataka Adaptationsof Laws Order, 1973 w.e.f. 1.11.1973.]]application under section95 of the Code of Civil Procedure, 1908. An amount of one-half the scale of feeprescribed in Article 1 on the amount or compensation claimed.
(b) Appeal against order on a petition orapplication falling under clause (a). On the scale prescribed in Article 1 on theamount in dispute.
3. (a) Petition under section 53 or 54 of theProvincial Insolvency Act, 1920,[as extended andamended by the Provincial Insolvency (Karnataka Extension andAmendment) Act 1962 (Karnataka Act 7 of 1963)] [[Substituted by the KarnatakaAdaptations of Laws Order, 1973 w.e.f. 1.11.1973.]]. An amount of one-half of fee prescribed inArticle 1 on the market value of the subject matter subject to amaximum fee of rupees five hundred.
(b) Appeal against order on a petition falling underclause (a) whether by the official receiver or by theunsuccessful party. An amount of one-half the scale of feeprescribed in Article 1 on the market value of the subject-mattersubject to a maximum fee of rupees five hundred.
4. Memorandum of appeal against order inproceedings under the Indian Succession Act, 1925. An amount of one-half the scale of feeprescribed in Article 1 on the amount or value of thesubject-matter
5. Application for review of judgment[if presented before the ninetiethday from the date of the decree] [[Inserted byAct 10 of 1964 w.e.f. 5.3.1964.]] One-half of the fee leviable on the plaint ormemorandum of appeal[xx x] [Omitted by Act 10 of 1964 w.e.f. 5.3.1964.]
5A. [ [Inserted by Act 10 of 1964 w.e.f. 5.3.1964.] Application for review of judgment, if presentedon or after the ninetieth day from the date of the decree. The fee leviable on the plaint or memorandum ofappeal.]
5AA. [ [Inserted by Act 5 of 1989 w.e.f. 9.2.1989.] Application for review of order of the KarnatakaAdministrative Tribunal. Twenty Rupees.]
6. [ [[Substituted by Act 12 of 2000 w.e.f.27.4.2000.]] Probate of a will or letters of administrationwith or without will annexed,-  
  (a) When the amount or value of the property inrespect of which the grant of probate or letters is made exceedsone thousand rupees, on the part of the amount or value in excessof one thousand rupees, upto three lakhs of rupees. Three percent.
  (b) When the amount or value of the property inrespect of which the grant of probate or letters is made exceedsthree lakhs of rupees, or the part of amount or value in excessof three lakhs of rupees. Five per cent or rupees thirty thousandwhichever is less.]
7. Certificate under Part X of the IndianSuccession Act, 1925. The fee leviable in the case of a probate(Article 6) on the amount or value of any debt or securityspecified in the certificate under section 374 of the Act, andone and a half times this fee on the amount or value of any debtor security to which the certificate is extended under section376 of the Act.
    Note.- (1)The amount of a debt is its amount, including interest, on thedate on which the inclusion of the debt in the certificate isapplied for, so far as such amount can be ascertained.(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 or for both purposes,the value of the security is its market value on the day on whichthe inclusion of the security in the certificate is applied for,so far as such value can be ascertained.