|
Number |
|
Proper
fee |
|
1. [[a1]Plaint[a2] –written statement pleading a set-off or counter
– claim or memorandum of appeal not otherwise provided for in this Act or
cross-objection presented to any civil or Revenue court except those
mentioned in section 3. |
When
the amount or value of the subject – matter in dispute does not exceed rupees |
Six
annas |
|
When
such amount or value exceeds five rupees, for every five rupees, or part
thereof, in excess of five rupees, up to one hundred rupees, |
Six
annas |
|
|
When
such amount or value exceeds one hundred rupees ,but does not exceeds five
hundred rupees , for every ten rupees or part thereof in excess of one
hundred rupees or part thereof in
excess upto five hundred rupees. |
Twelve
annas |
|
|
When
such amount or value exceeds five hundred rupees , for every ten rupees or
part there of , up to one thousand rupees |
One
rupee two annas |
|
|
When
such amount or value exceeds one thousand rupees , for every one hundred rupees or part thereof in excess of one
thousand rupees upto five thousand |
Seven
rupees eight annas |
|
|
When
such amount or value exceeds five thousand rupees , for every two hundred
and fifty rupees or part thereof , in excess of five thousand rupees up
to ten thousand |
Fifteen
rupees |
|
|
When
such amount or value exceeds ten thousand rupees , for every five hundred
rupees or part thereof , in excess of ten thousand rupees up to twenty thousand. |
Twenty
two rupees eight annas |
|
|
When
such amount or value exceeds twenty thousand rupees , for every one thousand
rupees or part thereof , in excess of twenty thousand rupees up to
thirty thousand rupees. |
Thirty
rupees |
|
|
When
such amount or value exceeds thirty thousand rupees , for every two
thousand rupees or part
thereof , in excess of thirty thousand rupees up to fifty thousand rupees. |
Thirty
rupees |
|
|
2. Plaint {
the words or memorandum of appeal”
were repealed by the Court fees ( Amendment ) Act, 1870 ( 20 of 1870} in
a suit for possession under [the
specific relief Act, 1877, section 9][a3] |
|
A
fee of one – half the amount in the
foregoing scale |
|
3. [Repealed
by Act VIII of 1871} |
||
|
4.
Application for
review of judgement , if presentation or
after the ninetieth day from the date of the decree[a4]. |
|
The
fee leviable on the plaint or memorandum of appeal |
|
5.
Application for
review of judgement , if presentation or after the ninetieth day from the
date of the decree |
|
One
half of the fee leviable on the plaint or memorandum of appeal |
|
6. copy or translation of judgement or order not
being or having the force of a decree. |
When
such judgement or order is passed by any Civil court other than a High Court
, or by the presiding officer of any Revenue Court or Office, or by any other
judicial Executive Authority – (a) if any amount or value of the subject matter is
fifty or less than fifty rupees (b) if such amount or value exceeds fifty rupees |
Four
annas Eight
annas |
|
when
such judgement or order is passed by a High Court. |
One
rupee |
|
|
7. copy of a decree
or order having the force of a decree. |
When
such decree or order is made by any
Civil Court other then a High Court or by any Revenue Court--- |
|
|
a. if the amount or value of the subject matter
of the suit wherein such decree or
order is made is fifty or less than fifty rupees. |
Eight
annas |
|
|
b. If such amount or value exceeds Fifty rupees |
One
rupee |
|
|
|
When
such decree or order is made by a High Court. |
Four
rupees |
|
8. copy of any document liable to stamp duty under
the Indian Stamp Act, 1879 [a5]. when left by any party to a suit or proceeding
in place of the original withdraw. {
1 of 1879} |
9. when the stamp duty chargeable on the original
does not exceed eight annas |
The
amount of the duty chargeable on the original |
|
|
10. in any other case |
Eight
annas |
|
9. copy of any revenue or judicial proceeding or
order not otherwise provided for by this Act , or copy of any account,
statement , report or the like, taken out of any Civil or criminal or revenue
Court or office, or from the office of any chief officer charged with the executive administration of a Division
. |
for
every three hundred and sixty words or fraction of three hundred and sixty
words |
Eight
annas |
|
|
|
|
|
10. 1[Repealed
by the Guardians and wards Act, 1890 ( VIII of 1890) |
|
|
|
11[a6]. probate
of a will or letters of
administration with or without will annexed 11. |
When
the amount or value of the property in respect of which the grant of probate
or letters is made exceeds one thousand rupees, but does not exceeds ten
thousand rupees. |
Two
per centum on such amount or value |
|
|
When
such amount or value exceeds ten thousand rupees , but does not exceeds fifty
thousand rupees . |
Two
and one half per centum on such
amount or value |
|
11. 12. |
When
such amount or value exceeds fifty thousand rupees |
Three
per centum on such amount or value |
|
13. |
Provided
that when after the grant of a certificate under the Succession Certificate
Act, 1889 , or any enactment repealed by that Act, or under the Regulation of
the Bombay code no. VIII of 1827, in
respect of any property included in an estate a grant of probate or letters of administration is made in
respect of the same estate, the fee payable in respect of the latter grant
shall be reduced by the amount of the
fee paid in respect of the former grant. |
|
|
14.
12.[a7] certificate under succession certificate Act[a8], 1889 |
In
any case |
Two
percentum on the amount value of any debt or security specified in the
certificate under section 8 of the Act, and three per centum on the amount or
value of any debt or security to which the certificate is extended under
section 10 of the Act. Note
–(1) the amount of a debt is its
amount , including interest on the day on which the inclusion of the debt in
the certificate is applied for so far as such amount can be ascertained |
|
|
|
|
|
|
|
(1) (2) Whether
or not any power with respect of a security specified in a certificate has
been conferred under the Act and where such a power has been so conferred.
Whether the power is for receiving of interest or dividends on , or for the
negotiation or transfer of the security , or for both
purposes, the value of the security is its market value on the day on which
the inclusion of the security in the certificate is applied for , so far as
such value can be ascertained . |
|
12-A [a9]certificate under the Regulation of the Bombay
Code No. VIII of 1827 |
(1)
As regards debts and securities [a10] |
the
same fee as would be payable in respect of a certificate under the succession
Certificate Act, 1889 or in respect of an extension of such a certificate as
the case may be . |
|
(2)
|
(2)
as regards other
property in respect of which the
certificate is granted – when the amount or value of such
property exceeds one thousand rupees, but does not exceed ten thousand rupees. |
two
per centum on such amount or value. |
|
15. |
When such amount or value exceeds ten
thousand rupees, but does not exceeds fifty thousand rupees |
Two
and one-half per centum on such amount or value |
|
16. |
When such amount or value exceeds
fifty thousand rupees, |
Three
per centum on such amount or value |
|
14.
13[a11] application to the High Court of Judicature of
Lahore for the exercise of its jurisdiction under section 44 of the Punjab
Courts Act, 1918, or to the court of the Financial Commissioner of the Punjab
for the exercise of its revisional jurisdiction under section 84 of the
Punjab Tenancy Act, 1887. |
When
the amount or value of the subject matter in dispute does not exceeds Twenty
five rupees |
Two
rupees |
|
When
such amount or value exceeds twenty five rupees |
The
fee leviable on a memorandum of appeal |
|
|
14. Application to the High court of Judicature at
Rangoon for the exercise of its
revisional jurisdiction under section[a12] 622 of the code of civil Procedure or section 25
of the Provincial Small causes Courts act, 1887 { XIV of 1882 and IX of 1887} |
When
the amount or value of the subject matter in dispute does not exceeds Twenty
five rupees |
Two
rupees |
|
When
the amount or value of the subject matter in dispute does not exceeds Twenty
five rupees |
The
fee leviable on a memorandum of appeal |
|
|
15. ( Repealed by schedule I of Act XI of 1923) |
When
the such amount or value exceeds
twenty five rupees |
The
fee leviable on a memorandum of appeal |
|
SCHEDULE –I TALE OF RATES OF AD VALOREM FEES LEVIABLE ON THE INSTITUTION OF SUITS |
|||||
|
When
the amount or value of the sub-matter
exceeds |
But
does not exceed |
Proper fee
|
When
the amount or value of the sub-matter
exceeds |
But
does not exceed |
Proper
fee |
Rs
|
Rs. |
Rs. A.
P. |
Rs. |
Rs. |
Rs. A.
P. |
|
|
5 |
0 6 0 |
90 |
95 |
7 2 0 |
|
5 |
10 |
0 12
0 |
95 |
100 |
7 8 0 |
|
10 |
15 |
1 2 0 |
100 |
110 |
8 4 0 |
|
15 |
20 |
1 8 0 |
110 |
120 |
9 0 0 |
|
20 |
25 |
1 14 0 |
120 |
130 |
9 12 0 |
|
25 |
30 |
2 4 0 |
130 |
140 |
10 8 0 |
|
30 |
35 |
2 10 0 |
140 |
150 |
11 4 0 |
|
35 |
40 |
3 0 0 |
150 |
160 |
12 0 0 |
|
40 |
45 |
3 6 0 |
160 |
170 |
13 8 0 |
|
45 |
50 |
3 12 0 |
170 |
180 |
14 4 0 |
|
50 |
55 |
4 2 0 |
180 |
190 |
15 0 0 |
|
55 |
60 |
4 8 0 |
190 |
200 |
15 12 0 |
|
60 |
65 |
4 14 0 |
200 |
210 |
16 8 0 |
|
65 |
70 |
5
4 0 |
210 |
220 |
17 4 0 |
|
70 |
75 |
5 10 0 |
220 |
230 |
18 0 0 |
|
75 |
80 |
6 0 0 |
230 |
240 |
18 12 0 |
|
80 |
85 |
6 6 0 |
240 |
250 |
19 8 0 |
|
85 |
90 |
6 12 0 |
250 |
260 |
|
|
SCHEDULE –I TALE
OF RATES OF AD VALOREM FEES
LEVIABLE ON THE INSTITUTION OF SUITS |
|||||||||
|
When
the amount or value of the sub-matter
exceeds |
But
does not exceed |
Proper fee
|
When
the amount or value of the sub-matter
exceeds |
But
does not exceed |
Proper
fee |
||||
Rs
260 |
Rs. 270 |
Rs. 20 |
A. 4 |
P. 0 |
Rs. 470 |
Rs. 480 |
Rs. 36 |
A. 0 |
P. 0 |
|
270 |
280 |
21 |
0 |
0 |
480 |
490 |
36 |
12 |
0 |
|
280 |
290 |
21 |
12 |
0 |
490 |
500 |
37 |
8 |
0 |
|
290 |
300 |
22 |
8 |
0 |
500 |
510 |
57 |
6 |
0 |
|
300 |
310 |
23 |
4 |
0 |
510 |
520 |
58 |
8 |
0 |
|
310 |
320 |
24 |
0 |
0 |
520 |
530 |
59 |
10 |
0 |
|
320 |
330 |
24 |
12 |
0 |
530 |
540 |
60 |
12 |
0 |
|
330 |
340 |
25 |
8 |
0 |
540 |
550 |
61 |
14 |
0 |
|
340 |
350 |
26 |
4 |
0 |
550 |
560 |
63 |
0 |
0 |
|
350 |
360 |
27 |
0 |
0 |
560 |
570 |
64 |
2 |
0 |
|
360 |
370 |
27 |
12 |
0 |
570 |
580 |
65 |
4 |
0 |
|
370 |
380 |
28 |
8 |
0 |
580 |
590 |
66 |
6 |
0 |
|
380 |
390 |
29 |
4 |
0 |
590 |
600 |
67 |
8 |
0 |
|
390 |
400 |
30 |
0 |
0 |
600 |
610 |
68 |
10 |
0 |
|
400 |
410 |
30 |
12 |
0 |
610 |
620 |
69 |
12 |
0 |
|
410 |
420 |
31 |
8 |
0 |
620 |
630 |
70 |
14 |
0 |
|
420 |
430 |
32 |
4 |
0 |
630 |
640 |
72 |
0 |
0 |
|
430 |
440 |
33 |
0 |
0 |
640 |
650 |
73 |
2 |
0 |
|
440 |
450 |
33 |
12 |
0 |
650 |
660 |
74 |
4 |
0 |
|
450 |
460 |
34 |
8 |
0 |
660 |
670 |
75 |
6 |
0 |
|
460 |
470 |
35 |
4 |
0 |
670 |
680 |
76 |
8 |
0 |
|
|
|
|
|
|
|
|
|
|
|
|
680 |
690 |
77 |
10 |
0 |
890 |
900 |
101 |
4 |
0 |
|
690 |
700 |
78 |
12 |
0 |
900 |
910 |
102 |
6 |
0 |
|
700 |
710 |
79 |
14 |
0 |
910 |
920 |
103 |
8 |
0 |
|
710 |
720 |
81 |
0 |
0 |
920 |
930 |
104 |
10 |
0 |
|
720 |
730 |
82 |
2 |
0 |
930 |
940 |
105 |
12 |
0 |
|
730 |
740 |
83 |
4 |
0 |
940 |
950 |
106 |
14 |
0 |
|
740 |
750 |
84 |
6 |
0 |
950 |
960 |
108 |
0 |
0 |
|
750 |
760 |
85 |
8 |
0 |
960 |
970 |
109 |
2 |
0 |
|
760 |
770 |
86 |
10 |
0 |
970 |
980 |
110 |
4 |
0 |
|
770 |
780 |
87 |
12 |
0 |
980 |
990 |
111 |
6 |
0 |
|
780 |
790 |
88 |
14 |
0 |
990 |
1000 |
112 |
8 |
0 |
|
790 |
800 |
90 |
0 |
0 |
1000 |
1100 |
120 |
0 |
0 |
|
800 |
810 |
91 |
2 |
0 |
1100 |
1200 |
127 |
8 |
0 |
|
810 |
820 |
92 |
4 |
0 |
1200 |
1300 |
135 |
0 |
0 . |
|
820 |
830 |
93 |
6 |
0 |
1300 |
1400 |
142 |
8 |
0 |
|
830 |
840 |
94 |
8 |
0 |
1400 |
1500 |
150 |
0 |
0 |
|
840 |
850 |
95 |
10 |
0 |
1500 |
1600 |
157 |
8 |
0 |
|
850 |
860 |
96 |
12 |
0 |
1600 |
1700 |
165 |
0 |
0 |
|
860 |
870 |
97 |
14 |
0 |
1700 |
1800 |
172 |
8 |
0 |
|
870 |
880 |
99 |
0 |
0 |
1800 |
1900 |
180 |
0 |
0 |
|
880 |
890 |
100 |
2 |
0 |
1900 |
2000 |
187 |
8 |
0 |
|
|
|
|
|
|
|
|
|
|
|
|
2000 |
2100 |
195 |
0 |
0 |
4100 |
4200 |
352 |
8 |
0 |
|
2100 |
2200 |
202 |
8 |
0 |
4200 |
4300 |
360 |
0 |
0 |
|
2200 |
2300 |
210 |
0 |
0 |
4300 |
4400 |
367 |
8 |
0 |
|
2300 |
2400 |
217 |
8 |
0 |
4400 |
4500 |
375 |
0 |
0 |
|
2400 |
2500 |
225 |
0 |
0 |
4500 |
4600 |
382 |
8 |
0 |
|
2500 |
2600 |
232 |
8 |
0 |
4600 |
4700 |
390 |
0 |
0 |
|
2600 |
2700 |
240 |
0 |
0 |
4700 |
4800 |
397 |
8 |
0 |
|
2700 |
2800 |
247 |
8 |
0 |
4800 |
4900 |
405 |
0 |
0 |
|
2800 |
2900 |
255 |
0 |
0 |
4900 |
5000 |
412 |
8 |
0 |
|
2900 |
3000 |
262 |
8 |
0 |
5000 |
5250 |
427 |
8 |
0 |
|
3000 |
3100 |
270 |
0 |
0 |
5250 |
5500 |
442 |
8 |
0 |
|
3100 |
3200 |
277 |
8 |
0 |
5500 |
5750 |
457 |
8 |
0 |
|
3200 |
3300 |
285 |
0 |
0 |
5750 |
6000 |
472 |
8 |
0 |
|
3300 |
3400 |
292 |
8 |
0 |
6000 |
6250 |
487 |
8 |
0 |
|
3400 |
3500 |
300 |
0 |
0 |
6250 |
6500 |
502 |
8 |
0 |
|
3500 |
3600 |
307 |
8 |
0 |
6500 |
6750 |
517 |
8 |
0 |
|
3600 |
3700 |
315 |
0 |
0 |
6750 |
7000 |
532 |
8 |
0 |
|
3700 |
3800 |
322 |
8 |
0 |
7000 |
7250 |
547 |
8 |
0 |
|
3800 |
3900 |
330 |
0 |
0 |
7250 |
7500 |
562 |
8 |
0 |
|
3900 |
4000 |
337 |
8 |
0 |
7500 |
7750 |
577 |
8 |
0 |
|
4000 |
4100 |
345 |
0 |
0 |
7750 |
8000 |
592 |
8 |
0 |
|
|
|
|
|
|
|
|
|
|
|
|
8000 |
8250 |
607 |
8 |
0 |
16000 |
16500 |
1005 |
0 |
0 |
|
8250 |
8500 |
622 |
8 |
0 |
16500 |
17000 |
1027 |
8 |
0 |
|
8500 |
8750 |
637 |
8 |
0 |
17000 |
17500 |
1050 |
0 |
0 |
|
8750 |
9000 |
652 |
8 |
0 |
17500 |
18000 |
1072 |
8 |
0 |
|
9000 |
9250 |
667 |
8 |
0 |
18000 |
18500 |
1095 |
0 |
0 |
|
9250 |
9500 |
682 |
8 |
0 |
18500 |
19000 |
1117 |
8 |
0 |
|
9500 |
9750 |
697 |
8 |
0 |
19000 |
19500 |
1140 |
0 |
0 |
|
9750 |
10000 |
712 |
8 |
0 |
19500 |
20000 |
1162 |
8 |
0 |
|
10000 |
10500 |
735 |
0 |
0 |
20000 |
21000 |
1192 |
8 |
0 |
|
10500 |
11000 |
757 |
8 |
0 |
21000 |
22000 |
1222 |
8 |
0 |
|
11000 |
11500 |
780 |
0 |
0 |
22000 |
23000 |
1252 |
8 |
0 |
|
11500 |
12000 |
802 |
8 |
0 |
23000 |
24000 |
1282 |
8 |
0 |
|
12000 |
12500 |
825 |
0 |
0 |
24000 |
25000 |
1312 |
8 |
0 |
|
12500 |
13000 |
847 |
8 |
0 |
25000 |
26000 |
1342 |
8 |
0 |
|
13000 |
13500 |
870 |
0 |
0 |
26000 |
27000 |
1372 |
8 |
0 |
|
13500 |
14000 |
892 |
8 |
0 |
27000 |
28000 |
1402 |
8 |
0 |
|
14000 |
14500 |
915 |
0 |
0 |
28000 |
29000 |
1432 |
8 |
0 |
|
14500 |
15000 |
937 |
8 |
0 |
29000 |
30000 |
1462 |
8 |
0 |
|
15000 |
15500 |
960 |
0 |
0 |
30000 |
32000 |
1492 |
8 |
0 |
|
15500 |
16000 |
982 |
8 |
0 |
32000 |
34000 |
1522 |
8 |
0 |
|
|
|
|
|
|
|
|
|
|
|
|
34000 |
36000 |
1552 |
8 |
0 |
115000 |
120000 |
2182 |
8 |
0 |
|
36000 |
38000 |
1582 |
8 |
0 |
120000 |
125000 |
2212 |
8 |
0 |
|
38000 |
40000 |
1612 |
8 |
0 |
125000 |
130000 |
2242 |
8 |
0 |
|
40000 |
42000 |
1642 |
8 |
0 |
130000 |
135000 |
2272 |
8 |
0 |
|
42000 |
44000 |
1672 |
8 |
0 |
135000 |
140000 |
2302 |
8 |
0 |
|
44000 |
46000 |
1702 |
8 |
0 |
140000 |
145000 |
2332 |
8 |
0 |
|
46000 |
48000 |
1732 |
8 |
0 |
145000 |
150000 |
2362 |
8 |
0 |
|
48000 |
50000 |
1762 |
8 |
0 |
150000 |
155000 |
2392 |
8 |
0 |
|
50000 |
55000 |
1792 |
8 |
0 |
155000 |
160000 |
2422 |
8 |
0 |
|
55000 |
60000 |
1822 |
8 |
0 |
160000 |
165000 |
2452 |
8 |
0 |
|
60000 |
65000 |
1852 |
8 |
0 |
165000 |
170000 |
2482 |
8 |
0 |
|
65000 |
70000 |
1882 |
8 |
0 |
170000 |
175000 |
2512 |
8 |
0 |
|
70000 |
75000 |
1912 |
8 |
0 |
175000 |
180000 |
2542 |
8 |
0 |
|
75000 |
80000 |
1942 |
8 |
0 |
180000 |
185000 |
2572 |
8 |
0 |
|
80000 |
85000 |
1972 |
8 |
0 |
185000 |
190000 |
2602 |
8 |
0 |
|
85000 |
90000 |
2002 |
8 |
0 |
190000 |
195000 |
2632 |
8 |
0 |
|
90000 |
95000 |
2032 |
8 |
0 |
195000 |
200000 |
2662 |
8 |
0 |
|
95000 |
100000 |
2062 |
8 |
0 |
200000 |
205000 |
2692 |
8 |
0 |
|
100000 |
105000 |
2092 |
8 |
0 |
205000 |
210000 |
2722 |
8 |
0 |
|
105000 |
110000 |
2122 |
8 |
0 |
210000 |
215000 |
2752 |
8 |
0 |
|
110000 |
115000 |
2152 |
8 |
0 |
215000 |
220000 |
2782 |
8 |
0 |
|
220000 |
225000 |
2812 |
8 |
0 |
320000 |
325000 |
3412 |
8 |
0 |
|
225000 |
230000 |
2842 |
8 |
0 |
325000 |
330000 |
3442 |
8 |
0 |
|
230000 |
235000 |
2872 |
8 |
0 |
330000 |
335000 |
3472 |
8 |
0 |
|
235000 |
240000 |
2902 |
8 |
0 |
335000 |
340000 |
3502 |
8 |
0 |
|
2400000 |
245000 |
2932 |
8 |
0 |
340000 |
345000 |
3532 |
8 |
0 |
|
245000 |
250000 |
2962 |
8 |
0 |
345000 |
350000 |
3562 |
8 |
0 |
|
250000 |
255000 |
2992 |
8 |
0 |
350000 |
355000 |
3592 |
8 |
0 |
|
255000 |
260000 |
3022 |
8 |
0 |
355000 |
360000 |
3622 |
8 |
0 |
|
260000 |
265000 |
3052 |
8 |
0 |
360000 |
365000 |
3652 |
8 |
0 |
|
265000 |
270000 |
3082 |
8 |
0 |
365000 |
370000 |
3682 |
8 |
0 |
|
270000 |
275000 |
3112 |
8 |
0 |
370000 |
375000 |
3712 |
8 |
0 |
|
275000 |
280000 |
3142 |
8 |
0 |
375000 |
380000 |
3742 |
8 |
0 |
|
280000 |
285000 |
3172 |
8 |
0 |
380000 |
385000 |
3772 |
8 |
0 |
|
285000 |
290000 |
3202 |
8 |
0 |
385000 |
390000 |
3802 |
8 |
0 |
|
290000 |
295000 |
3232 |
8 |
0 |
390000 |
395000 |
3832 |
8 |
0 |
|
295000 |
300000 |
3262 |
8 |
0 |
395000 |
400000 |
3862 |
8 |
0 |
|
300000 |
305000 |
3292 |
8 |
0 |
And when the amount or value of the
subject matter exceeds Rs. 400000 ( Rs. Four lacs) the proper fee leviable
shall be Rs. 3862 annas 8 plus Rs. 30 for each five thousand Rs. Or part thereof in excess of Rs. 400000(four
lacs) |
||||
|
305000 |
310000 |
3322 |
8 |
0 |
|||||
|
310000 |
315000 |
3352 |
8 |
0 |
|||||
|
315000 |
320000 |
3382 |
8 |
0 |
|||||
SCHEDULE II
Number FIXED FEES Proper Fee. |
||
|
|
|
|
|
1.
Application or
petition . 2.
Application for
leave to sue as a partner 3.
Application for
leave to appeal as a pauper 4.
plaint or memorandum
of appeal in a suit to obtain possession under Act, No. XVI of 1838 , or the
Mamlatdar’s Courts Act, 1876 5.
Plaint or memorandum
of appeal in a suit to establish or
disprove a right or disprove a right of occupancy 6. [Bail-bond or other instrument of obligation given
in pursuance of an order made by a court or Magistrate under any section of
the code of Criminal Procedure ,
1898, or the code of Civil Procedure, 1908, and not otherwise provided for by
this Act][a13] { V of 1898 , V of 1908} 7.
under taking under
section 49 of the Indian Divorce Act. { IV of 1859} 8.
[ Rep. by the
Repealing and Amending Act 1891 ( XII of 1891)] 9.
( Rep. by Act XII of
1891] 10.
Mukhtarnama or wakaltnama. 11.
Memorandum of appeal when the appeal is not { the words from an order rejecting a plaint or “ were omitted by s.
155( Sch. 4) of the code of Civil Procedure , 1908 ( 5 of 1908) form a decree or an order having the force
of a decree, and is presented-- 12.
Caveat. 13. Application under Act. No. X of 1859,
section 26 , or Bengal Act No VI of
1862, section 9 or Act, No. VIII of 1869, section 37 14.
petition in a suit under the Native
Converts Marriage Dissolution Act, 1866{ XXI of 1866} 15.
[ Rep by Act V of 1908] 16.
Rep. by Act VI of 1889, s. 18 (I) 17.
Plaint or memorandum of appeal in each of the following suits:- (i)
to alter or set
aside a summary decision or order of any of the Civil Courts not established
by Letters Patent or of any Revenue Court; (ii)
to alter or cancel
any entry in a register of names of
proprietors of revenue paying estates; (iii)
to obtain a
declaration decree where no consequential relief is prayed ; (iv)
to set aside an
award ; (v)
to set aside an
adoption ; (vi)
every other suit
where it is not possible to estimate at a money-value the subject matter in
dispute, and which is not otherwise provided for by this Act 18.
Application under
section 523 of the Code of Civil
Procedure [a14] [19 Agreement in writing stating a
question for the opinion of the Court the code of
Civil procedure , 1908][a15] 20.
Every petition under the Indian Divorce Act, except petitions under section 44
of the same Act, and every memorandum of appeal under section 55 of the same
Act. 21.
Plaint or memorandum of appeal under the Parsi Marriage and Divorce Act, 1865 22.
Plaint or memorandum of appeal in a suit by a reversioner under
the Punjab Customary Law for a declaration in respect of an alienation of
ancestral land |
(a)
when presented to
any officer of the Customs or Excise Department or to any Magistrate by any
person having dealings with the Government , and when the subject –matter of
such application relates exclusively
to those dealings; or
When presented to any officer of land – revenue by any person holding
temporarily settled under direct engagement with Government and when the
subject matter of the application or
petition relates exclusively to such engagement; or when presented to any Municipal –
commissioner under any Act for the time being force the conservancy or
improvement of any place, if the application or petition relates solely to
such conservancy or improvement; or
when presented to any civil court other than a principal Civil Courts
of small causes constituted under Act[a16] No. XI of 1865 or under Act[a17] NO XVI of 1868 section 20, or to a collector or
other officer of revenue in relation to any suit or case in which the amount
or value of the subject matter is less than fifty rupees ; New Clause Or when presented to any civil
criminal or Revenue Court , or to any Board or executive officer for the
purpose of obtaining a copy or translation of any judgement , decree or order
passed by such court, Board or officer, or of any other document on
record in such court or office. (b)
when containing a
complaint or charge of any offence other than an offence for which police
officers may, under the Criminal Procedure code , arrest without warrant , an
presented to any criminal Court.; or when presented to civil , criminal court
or to any collector , or any Revenue officer
having jurisdiction equal or subordinate to a collector , or to any
magistrate in his executive capacity, and not otherwise provided for by this
Act; or to deposit in court revenue or rent ; or for determination by Court of the
amount of compensation to be paid by landlord to his tenant . (c)
when presented to a
chief commissioner or other Chief
controlling revenue or Executive Authority , or to a commissioner of Revenue
or circuit , or to any chef officer charged with the executive administration
of a Division and not otherwise provided for by this Act. [(d)[a18] when
presented to High Court (i)
under the Indian
Companies Act, 1913 for winding up a company. (ii)
Under the same Act
for taking some other judicial action (iii)
in all other cases (a)
– when presented to
District Court. (b)
When presented to a
commissioner or a High Court. When
presented for the conduct of any one case— (a)
to any civil or
Criminal Court other than a High court, or to any Revenue court, or to any collector
or Magistrate or other executive officer , except such as are mentioned in
clause(b) and (c) of this number. (b)
To a commissioner of
Revenue , circuit or custom officer charged with the executive administration
of a Division not being the chief revenue or executive authority. (c)
To a High court ,
Chief commissioner , Board of Revenue , or other Chief Controlling Revenue or
Executive Authority. (a)
to any civil Court
other than a high court , or to any revenue court or Executive officer other
than the High court or chief controlling revenue Executive Authority. (b)
To a High court or
Chief commissioner or other chief
controlling Executive or Revenue Authority . |
[one
rupee] One
hundred rupees Five
rupees Two
rupees Eight
annas One
rupee Two
rupees {
Bom. III of 1876} Eight
annas One
rupee Two
rupee Five
rupees Five
rupees Ten
rupees Ten
rupees { XIV of 1882} {
V of 1908} {IV of 1869} Twenty
rupees { XV of 1865} |
( See section 19-I)
FORM
OF VALUATION ( TO BE USED WITH SUCH MODIFICATIONS. IF ANY, AS MAY BE
NECESSARY)
IN THE COURT OF
the property and credits of ), deceased
I
{Solemnly firm /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 one likely to come , to my hands
1.
I further say that I have
also truly set forth in Annexture B , all the items I am by law allowed to
deduct .
2.
I further say that the
said assets, exclusive only of such last-mentioned items, but inclusive of all
rents, interests, dividends and increased values since the date of the death of
the said deceased , are under the value of
ANNEXURE A.
|
|
Rs. A. P. |
|
VALUATION
OF THE MOVABLE AND IMMOVABLE PROPERTY OF,
DECEASED |
|
|
Cash
in the house and at the banks , household goods, wearing – apparel, books, plate
jewels, etc, |
|
|
(state
estimated value according to best of Executor’s or administrator’s relief.) |
|
|
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 the application) |
|
|
immovable
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) Leasehold
Property |
|
|
(if
the deceased held only leases for years determinable , state the number of years
purchase the profit rents are estimated to be worth and the value of such,
inserting separately arrears due at the date of death and all rents received
or due since that due 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 mortgage 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 ) |
|
|
|
Rs.
A. P. |
|
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
ANNEXURE B.
|
|
Rs. A.
P. |
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 beneficial interest |
|
|
other
property not subject to duty |
|
TOTAL
[a1]Article I substituted by Punjab Act. , 6 of 1926
[a2]To ascertain the proper fee leviable on the institution of a suit , see the table annexed to this schedule
[a3]these words were substituted for the words and figures “ Act No. 14 of 1859” ( to provide for the limitation of suits) by the Repealing and Amending Act, 1891 ( 12 of 1891)/
[a4]as application for review of judgement , see the code of civil procedure, 1908 ( Act 5 of 1908)
[a5]see now Indian Stamp Act, 1899 ( 2 of 1899)
[a6]the article11,12 and 12-A were substituted for the original articles 11 and 12 by the Succession certificate Act, 1889 ( 7 of 1889) section 13(1).
[a7]the article11,12 and 12-A were substituted for the original articles 11 and 12 by the Succession certificate Act, 1889 ( 7 of 1889) section 13(1).
[a8]See now Indian Succession act 1925(39 of 1925)
[a9]the article11,12 and 12-A were substituted for the original articles 11 and 12 by the Succession certificate Act, 1889 ( 7 of 1889) section 13(1).
[a10]the entries in the second and third columns were substituted for the original entries by the court-fees ( Amendment ) Act, 1910 ( 7 of 1910)
[a11]this article which was repealed by the Punjab Courts (Amendment ) Act, 1912, in so far as it affected the Punjab , was re-enacted by the court-fees( Punjab Amendment) Act, 1922 ( Punjab Act, 12 of 1922) section 6.
[a12]see now section 115 of Act 5 of 1908
[a13]these words were substituted in article 6 for the Words “ Bail –bond or other instrument of obligation given in pursuance of an order made by a court or Magistrate under any section of the code of Criminal Procedure , 1882, or the code of Civil Procedure , “ by the first schedule of Act 17 of 1914.
[a14]Now see second schedule , rule 17 , Act 5 of 1908
[a15]substituted by s. 155( 4th schedule) of the Code of Civil Procedure , 1908 (Act 5 of 1908), for the words and figures “Agreement under section 527 of the same code.
[a16]see now provincial Small Cause Acts, 1887 ( 9 of 1887)
[a17]see now section 25 of the Bengal , North Western Province and Assam Civil Courts act, 1887 ( 12 of 1887)
[a18]this clause was substituted for the original by section 8 of the Punjab Act 7 of 1922
[a19]the entry in the third column was substituted by Punjab Act, 7 of 1922, section 8.
[a20]the entry in the third column was substituted by Punjab Act, 7 of 1922, section 8
[a21]the entry in the third column was substituted by Punjab Act, 7 of 1922, section 8
[a22]the entry in the third column was substituted by Punjab Act, 7 of 1922, section 8
[a23] substituted for the words” eight anna” by section 9 of the Punjab Act, 7 of 1922
[a24]the entry in the third column was substituted by Punjab Act, 7 of 1922, section 8
[a26]substituted by section 10 of Punjab Act, , 7 of 1922
[a27]substituted by section 11 of Punjab Act, 7 of 1922
[a28]substituted for the words” eight anna” by section 9 of the Punjab Act, 7 of 1922
[a29] this schedule was inserted by the Court-fees ( Amendment) Act, 1899 ( II of 1899) sec. 3. The original Schedule III was repealed by Act. Act. 14 of 1870