THE SUITS VALUATION ACT.

ACT  No VIII  OF 1887[a1] 

[11thFebruary , 1887]

 

Contents

SN

Subject

1

TITLE

2

SUITS RELATING TO LAND

3

OTHER SUITS

4

SUPPLEMENTAL PROVISIONS

 

 

THE SUITS VALUATION ACT.

ACT  No VIII  OF 1887

 

An Act to prescribe the mode of valuing certain suits for the purpose of   determining the jurisdiction of Courts with respect thereto.

WHEREAS it is expedient to prescribe the mode of valuing certain suites for the purpose of determining the jurisdiction of Courts with respect thereto ;  It is hereby enacted as follows :-

1.      Title. -  This Act may be called the Suits Valuation Act, 1887

 

Part I.

SUITS RELATING TO LAND.

2.      Extent and commencement of Part I. - This part shall extend to such local areas, and come into force therein on such dates, as the Governor – General in Council , by notification in the Gazette of India, directs.[a2] 

3.      Power for Local Government to make rules determining value of land for jurisdictional purposes. – (1)  The local Government may, [ subject to the control[a3] ] of the Governor –General in Council , make rules for determining the value of land for purposes of  jurisdiction in the  suits mentioned in the Court-fees Act, 1870 , section 7, paragraph V and Vi, and paragraph x, clause (d)

            (2)       The rules may determine the value of any class of land, or of any interest in land, in the whole or any part of a local area and may prescribe different values for different within the same local area.

4.      Valuation of relief in certain suits relating to land not to exceed the value of the land. - Where a suit mentioned in the Court-Fees Act, 1870 , section 7 ,  paragraph iv , or Schedule II , Article 17, relates to land or an interest in land of which the value has been determined by rules under the last foregoing section, the amount at which for purposes of jurisdiction the relief sought in the suit is valued shall not exceed the value of the land or interest as determined by those rules.

5.      Making and enforcement of rules.  (1)  The Local Government shall, before making rules under section 3 , consult the High Court with respect thereto.

            (2)       A rule under that section shall not take effect till the expiration of one month after the rule has been published in the local official gazette.

6.      Repeal of section 14 of the Madras Civil Courts Act, 1873. - On and form the date on which rules under section 3 take effect in any part of the territories under the administration of the Governor of Fort Saint George in Council to which the Madras[a4]  Civil Courts Act, 1873 , extends , section 14 of that Act shall be repealed as regards that part of those territories { II of 1873}

 

PART II.

OTHER SUITS

7.      Extent and commencement or part II. - This Part extends to the whole of British India, and shall come into force on the first day of July , 1887.

 

8.      Court-fee value and jurisdictional value to be the same in certain suits. - Where in suits other than those referred to in the Court-fee Act, 1870, section 7, paragraph v, vi an ix and paragraph x, clause(d), Court –fees are payable ad valorem under the court-fees Act , 1870, the value as determinable for the computation of court fees and the value for purposes of jurisdiction shall be the same .

9.      Determination of value of certain suits by High Courts. - When the subject –matter of suits of any class, other than suits mentioned in the Court-fees Act, 1870,section 7, paragraph v and vi, and paragraph x, clause (d) , is such that in the opinion of the High court it dies not admit of being satisfactorily valued, the High Court may , with the previous sanction of the Local Government , direct that suits of that class shall, for the purposes of the Court-fees Act, 1870, and of this Act and any other enactment for the time being in force , be treated as if their subject-matter were of such value as the High-Court thinks fit to specify in this behalf.[a5] { VII of 1870}

10.  [Repeal of s. 32, Punjab Courts Act, 1884 9 XVIII of 1884.] Rep. by the Repealing and Amending Act, 1891 ( XII of 1891).

 

PART III

SUPPLEMENTAL  PROVISIONS

 

11.  Procedure where objection is taken on appeal or revision that a suit or appeal was not properly valued for jurisdiction purposes. - (1) Notwithstanding anything in section 578 of the Code of Civil Procedure[a6] , an objection  that by reason of the over valuation  of a suit or appeal a Court of first instance or lower appellate Court which had not jurisdiction with respect to the suit or appeal exercise jurisdiction with respect there to shall not be entertained by an appellate Court unless---

(a).             the objection was taken in the court of first instance at or before the hearing at which issues were first framed and recorded, or in the lower appellate Court in the memorandum of appeal to the t Court, or

(b).             the appellate Court is satisfied, for reasons to be recorded by it in writing, that the suit or appeal was over-valued or under valued and that the over-valuation or under valuation thereof has prejudicially affected the disposal of the suit or appeal on its merits

(2).            If the objection was taken in the manner mentioned in clause(a) of sub-section (1), but the appellate Court is not satisfied as to both the matters mentioned in clause (b) of that  sub-Section and has before it the materials necessary for the determination of the other grounds of appeal to it self, it shall dispose of the appeal as if there had been no defect of jurisdiction in the court of the first instance or lower appellate Court .

(3).            If the objection was taken in that manner and the appellate Court is satisfied as to both those materials before it, it shall proceed to deal with the appeal under  the rules applicable to the Court with respect to the hearing of appeal ; but if it remands the suit or appeal , or frames and refers issues for trail , or requires additional evidence to be  taken , it shall direct its order to a court competent to entertain the suit or appeal.

(4).            The provisions of this section with respect to an appellate Court shall, so far as they can be made applicable apply to a court exercising revisional jurisdiction under section 622 [a7] of the code of Civil Procedure or other enactment for the time being in force. { XIV of 1882}

(5).            This section extends to the whole of British India , and shall come into force on the first day of July, 1887.

 

12.  Proceedings pending at commencement of part I or Part II. – Nothing in Part I or Part II shall be construed to affect the jurisdiction of any Court -

(a).             With respect to any suit instituted before rules under part I applicable to the valuation of the suit take effect, or part II has come into force, as the case may be , or

(b).             With respect to any appeal arising out of any such suit.

 

PART II-C

RULES AND ORDERS UNDER THE COURT-FEES  ACT, VII OF 1870, AND SUITS VALUATION ACT, VII OF 1887.

CHAPTER 1

 

TABLE OF REDUCTIONS AND REMISSIONS OR COURT FEES MADE BY THE GOVERNOR IN COUNCIL FOR THE PROVINCE OF THE PUNJAB, IN NOTIFICATION NO. 10495-JUDICIAL, DATED THE 27TH MARCH 1922

 

            Under Section 35 of the Court fees Act, 1870 as modified by the Devolution Act, 1920, and in supersession of all previous notification under that Section, it is hereby notified that in exercise of the power to reduce or remit in the territories administered by the Governor of the Punjab, all or any of the fees mentioned in the first and second schedules to the said Act, the Governor of the Punjab has been pleased to make the reductions and remissions hereinafter set forth, namely:

1.         To remit the fees chargeable on applications presented to a Collector for refund of the amount paid to the Government for stamped paper which has become spoiled or unfit for use or is no longer required for use and on applications for renewal of stamped paper which  has become spoiled or unfit for use.

2.         To remit the fees chargeable on applications in writing relating exclusively to the purchase of salt which is the property of the Government.

3.         To direct that, when a plaint disclosing a reasonable case on the merits is presented to any Civil or Revenue Court in such a form that the presiding Judge or Officer without summoning the defendant rejects it, not for any substantial defect but on account of an entirely technical error in form only, and so as to leave the plaintiff free to prosecute precisely the same case in another form against the same defendant or defendants, the value of the stamp on the plaint shall be refunded on presentation of an application to the Collector of the district in which the Court is situated together with a certificate from the Judge or office who rejected the plaint that it was rejected under the circumstances above described, and that the value of the stamp should, in his opinion, be refunded.

4.         To remit the fees chargeable on-

(a)              copies of village settlement records furnished to land holders and cultivators during the currency or at the termination of settlement operations;

(b)              lists of fields extracted from village settlement records for the purpose of being filed with petitions of plaint in Settlement Courts;

Provided that nothing in this clause shall apply to copies of judicial proceedings, or to copies of village settlement records (other than lists of fields) extracted as aforesaid, which may be filed in any court or office.

*5.       To direct that the fee chargeable on appeals from orders under sections 47 and 144 of the Code of Civil Procedure, 1908, and on cross objections in such appeals under the same Code, shall be limited to the amounts chargeable under article 11 of the second schedule.

 

*Punjab Government notification No. 16406-Judicial, dated the 9th June, 1933

 

6.         To remit the fees chargeable on security bonds for the keeping of the peace by, or good behaviour of persons other than the executants.

7.         To remit the fee payable under article 1, clause (e) of the second schedule on an application or petition presented to a Chief Revenue or Executive authority, or to any Chief Officer charged with the executive administration of a Division, when the application or petition is accompanied by a petition to the Government of India and contains merely a request that petition may be forwarded to the Government of India.

8.         To remit the fee chargeable under articles 6, 7 and 9 of the First Schedule on copies furnished by Civil or Criminal Courts or Revenue Courts, or offices for the private use of persons applying for them.

            Provided that nothing in this clause shall apply to copies when filed, exhibited or recorded in any Court of Justice or received by any public officer.

9.         To remit the fee chargeable under paragraph 4 of clause (a) and paragraph 2 of clause (b) of article 1 of the second schedule, on applications for orders for the payment of deposits in cases in which the deposit does not exceed Rs. 25 in amount;

            Provided that the application is made within three  months of the date on which the deposit first became payable to the party making the application.

 

 

Financial Commissioners’ Office, Punjab

Correction Slip No. 119, dated Lahore, The 18th November , 1937

Punjab Stamp Manual, 1934

Part-II C Chapter 1, Page 3

            In the first sub paragraph of entry No. , the word ‘original’ should be inserted before the word ‘deposit’.

(Punjab Government Notification No. 1548-St., dated 18th October, 1937)

10.       To remit with reference to clause (xi) of section 19 of the Act, the fees chargeable on application for leave to occupy under direct engagement with the Government land of which the revenue is settled, but not permanently, when made by persons who do not at the time of application hold the land.

 

11.       To remit the fee chargeable on applications for loans under the Land Improvement Loans Act, 1883 (XIX of 1883)  or the Agriculturists’ Loans Act, 1884 (XII of 1884).

12.       To remit the fee chargeable on applications presented to officers of Land Revenue for the suspension or remission of loans under the Land Improvement Loans Act, 1883 (XIX of 1883), or the Agriculturists’ Loans Act, 1884 (XII of 1884).

13.       To remit the fee chargeable on an application made by a person o the Collector under sub section 2 of section 42 of the Indian Stamp Act, 1899 (II of 1899), for the return to that person, or to the Registration Officer who impounded it,  of a document impounded and sent to the Collector by a registration Officer.

14.       To remit the fees chargeable on the following documents, namely:

 

(a)              Copy of a charge framed under section 210 of the Code of Criminal Procedure, 1898, or of a translation thereof, when the copy is given to an accused person.

(b)              Copy of the evidence of supplementary witnesses after commitment when the copy is given under section 219 of the said Code to an accused person.

(c)              Copy or translation of a judgement in a case other than a summons case, and a copy of the heads of the Judge’s charge to the Jury, when the copy or translation is given under section 371 of the said Code to an accused person.

(d)              Copy or translation of the judgement in a summons case when the accused person to whom the copy or translation is given under section 371 of the said Code is in jail.

(e)              Copy of an order of maintenance, when the copy is given under section 490 of the said Code to the person in whose favour the order is made, or to his guardian, if any, or to the person to whom the allowance is to be paid.

(f)               Copy furnished to any person affected by a judgement or order passed by a Criminal Court of the Judge’s charge to the Jury or of any order, deposition or other part of the record, when the copy is not a copy which may be granted under any of the preceding sub clauses without the payment of a fee, but is a copy which on its being applied for under section 548 of the said Code the Judge or Magistrate, for some special reason to be recorded by him on the copy, thinks fit to furnish without such payment.

(g)              Copies of all documents furnished under the orders of any Court or Magistrate to any Government Advocate, or Pleader or other person specially empowered in that behalf for the purpose of conducting any trial or investigation on the part of the Government before any Criminal Court.

(h)              Copies of all documents which any such Advocate, Pleader or other person is required to take in connection with any such trial or investigation for the use of any such trial or investigation for the use of any Court or Magistrate, or may consider necessary for the purpose of advising the Government in connection with any criminal proceedings.

(i)                Copies of judgements or depositions required by officers of the Police Department in the course of their duties.

 

*15.     Cancelled.

 

*Cancelled by Punjab Government Notification No. 34430-F.G., dated the 17th November 1931.
16.       To remit the fee chargeable on an application presented by any person for the return of a document filed by him in any Court or public office.

17.       To direct that, when a part of an estate paying annual revenue to the Government under a settlement which is not permanent is recorded in the Collector’s register as separately assessed with such revenue, the value of the subject  matter of a suit for the possession of, or to enforce a right of pre-emption in respect of, a fractional share of that part shall, for the purposes of the computation of the amount of the fee chargeable in the suit, be deemed not to exceed *ten times such portion of the revenue separately assessed on that part as may be rateably payable in respect of the share.

 

*Punjab Government Notification No. 20509-Judicial, dated the 5th June 1931.

 

18.       To direct that, if the amount of the fee chargeable in any case involves a fraction of an anna, the fraction shall be remitted, except where otherwise  expressly provided by this notification.

19.       To remit the fee chargeable on an application for the grant of license for the vend of stamps.

20.       To direct that no Court fee shall be charged on an application for the repayment of a fine or of any portion of a fine, the refund of which has been ordered by competent authority.

21.       To remit the fee chargeable on application for copies of documents detailed n clauses 4 and 14 supra.

22.       To remit the duty chargeable in respect of Indian Probates, Letters of Administration or Succession Certificates on the share or other interest of a deceased member of a company formed under the Indian Companies Act, 1913 (VII of 1913) provided that the said share or interest was registered in the branch register in the United Kingdom under the Indian Companies (Branch Registers) Act, 1900 (IV of 1900) and that such member was at the date of his decease domiciled elsewhere that in India.

23.       To remit the fees chargeable on applications presented to officers of land revenue for the suspension or remission of revenue on the  ground that a crop  has not been sown or has failed.

24.       To remit the fee chargeable on applications and petitions presented to a Collector or any Revenue Officer having jurisdiction equal or subordinate to a Collector for advice or assistance from the Agricultural Department of the Province.

*25.     Cancelled.

**26.    Cancelled.

***27. Cancelled.

 

*Cancelled by Punjab Government Notification No. 32100-Judicial, dated 26th October 1931.

** Cancelled by Punjab Government Notification No. 22158 Military, dated 26th June 1931.

*** Cancelled by Punjab Government Notification No. 7054-F.G., dated 29th February 1931.

*28.     To remit as follows the fees on the property of (1) any person subject to the Naval Discipline Act (29 and 30 Vict. C. 109) the Army Act (44 and 45 Vict. C. 58), the Air Force Act (7 and 8 Geo. 5 c. 51) or the Indian Army Act 1911 (VII of 1911) who is killed while on active service or on service which is of a warlike nature or involves the same risk as active service, or dies from wounds inflicted , accidents occurring or disease contracted while on such service and (ii) any person, being a Government servant, Civil or Military who dies from wounds or injuries intentionally inflicted (but not self inflicted) while in actual performance of his official duties or in consequence of those duties:

 

(a)              Where the amount of value of property, in respect of which the grant of probates or letters of administration is made or which is specified in the certificate under Part X of the Indian Succession Act, 1925, or in that certificate under Bombay Regulation No. 8 of 1827, does not exceed Rs. 50,000 the whole of the fees leviable in respect of that property.

(b)              Where the said amount or value exceeds Rs. 50,000 the whole of the said fees in respect of the first Rs. 50,000.

(c)              Where any property passes more than once in consequence of such deaths, to remit, in the case of second and subsequent successions, the whole of the said fees, irrespective of the value or amount of such property.

 

*  Punjab Government Notification No. 1300-Judicial, dated  15th April 1931.

(d)              The whole of the fees chargeable on applications for mutations of names in respect of the property of persons mentioned in clauses (i) and (ii) above.

 

Note-This supersedes Punjab Government Notification No. 37565-Judicial, dated 19th December 1928.

 

Financial Commissioners’ Office, Punjab

Correction Slip No. 147, dated Lahore, The  29th July 1940

Punjab Stamp Manual, 1934

Part-II C Court Fees Act, VII of 1870

Chapter  1, Page 6 and 7

For existing entry No. 28 substitute the following:

In the case of fees leviable under articles 11, 12 and 12-A of the first schedule to the said Act, on the property of (i) any person subject to the (British) Naval Discipline Act , The Indian Navy (Discipline) Act, 1934 (XXXIV of 1934), The (British) Army Act, the (British) Air Force Act, the Indian Army Act 1932 (XIV of 1932), who is killed or dies of wounds inflicted, accidents occurring or disease contracted  within three years before death while on active service against an enemy, or on service which is of a war like nature or which in the opinion of the Provincial Government, otherwise involves the same risks as active service, and (ii) any person, being a Government servant, Civil or Military who dies from wounds or injuries intentionally inflicted (but not self inflicted) while in actual performance of his official duties or in consequence of those duties:

 

REMISSIONS

(a)              Where the amount of value of property, in respect of which the grant of probates or letters of administration is made or which is specified in the certificate under Part X of the Indian Succession Act, 1925, or in the certificate under Bombay Regulation No. 8 of 1827, does not exceed Rs. 50,000 the whole of the fees leviable in respect of that property.

(b)              Where the said amount or value exceeds Rs. 50,000 the whole of the said fees in respect of the first Rs. 50,000.

(c)              Where any property passes more than once in consequence of such deaths, to remit, in the case of second and subsequent successions, the whole of the said fees, irrespective of the value or amount of such           property.

(d)              The whole of the fees chargeable on applications for mutations of names in respect of the property of persons mentioned in clauses (i) and (ii) above.

This supersedes Punjab Government notification No. 13000/Judl., dated the 15th April 1931.

 

(Punjab Government Notification No. 1007-St, dated 6th July 1940).

 

Financial Commissioners’ Office, Punjab

Correction Slip No. 149, dated Lahore, The  29th July 1940

Punjab Stamp Manual, 1934

Part-II C Court Fees Act, VII of 1870

Chapter  1, Page 6 and 7

For entry No. 28 as revised by correction slip No. 147, dated the 29th July, 1940 substitute the following:

(1) In  case of fees leviable under articles 11, 12 and 12-A of the first schedule to the said Act, on the property of (i) any person subject to the (British) Naval Discipline Act , The Indian Navy (Discipline) Act, 1934 (XXXIV of 1934), The (British) Army Act, the (British) Air Force Act, the Indian Army Act 1932 (XIV of 1932), who is killed or dies of wounds inflicted, accidents occurring or disease contracted  within three years immediately preceding his death on active service against an enemy, or on service which is of a war like nature or which in the opinion of the Provincial Government, otherwise involves the same risks as active service, and (ii) any person, being a Government servant, Civil or Military who dies from wounds or injuries (intentionally inflicted by a person other than himself)  in actual performance of his official duties or in consequence of those duties:

 

(a)       Where the amount of value of property, in respect of which the grant of probates or letters of administration is made or which is specified in the certificate under Part X of the Indian Succession Act, 1925, or in the certificate under Bombay Regulation No. 8 of 1827, does not exceed Rs.50,000 the whole of the fees leviable in respect of that property.

(b)       Where the said amount or value exceeds Rs. 50,000 the whole of the said fees in respect of the first Rs. 50,000.

(c)       Where any property passes more than once in consequence of such deaths, to remit, in the case of second and subsequent successions, the whole of the said fees, irrespective of the value or amount of such property.

(2)       In case of applications for mutation of names in respect of the property of persons mentioned in paragraph (1) above, the entire court fees chargeable under sub article (b) of article 1 of the Second Schedule to the said Act.

 

(Punjab Government Notification No. 1486-St, dated  23rd September, 1940).

 

29.                         See clause (d) of entry No. 28 above.

 

30.       To remit the fees chargeable on copies of decrees of Civil or Revenue Courts situate in the territories of His Highness the Gaekwar of Baroda forwarded to any Court in British India for execution in pursuance of the provisions of section 44 of the Civil Procedure Code, 1908 (V of 1908).

31.       To remit the fees chargeable on copies of orders or proceedings under section 37 of the Punjab Land Revenue Act, 1887 (XVII of 1887), made or recorded by Collectors or other Revenue Officers engaged in revising record-of-rights under a notification published in accordance with section 32 of the said Act;

            Provided that the copy is furnished for the purpose of being filed with an application or petition to a Collector or other Revenue Officer engaged as aforesaid in revising a record-of-rights or to the Commissioner of the Division or to Financial Commissioner, Punjab relating to matters connected with the assessment of land or the ascertainment of rights thereto, or interests therein, if presented previous to the final confirmation of such revision.

32.       To remit the fees chargeable on applications under section 97 of the Punjab Land Revenue Act, 1887 (XVII of 1887), made by village officers in accordance with the provisions of rule 64 of the rules under that Act published with the Financial Commissioner’s notification No. 142, dated the 9th November 1909.

33.       To remit the fees chargeable on copies of all records* maintained under the provisions of Chapter IV of the Punjab Land Revenue Act, 1887 (XVII of 1887) when such copies are exhibited or recorded in any Court of Justice or are received or furnished by any public officer.

 

*Note to item No. 33- The register of mutation is one of the records maintained under Chapter IV of the Punjab Land Revenue Act, 1887, and no court fee is therefore chargeable on a copy thereof. This item also operates to remit the fee otherwise due on a copy of the mutation proceeding when presented with an appeal against the mutation order. (Financial Commissioners’ letter No. 4693-E&S., dated the 31st August, 1932.)

 

34.       To remit the fees chargeable on applications for the grant of fishing licenses prescribed by the Government of the Punjab under Section 3 of the Punjab Fisheries Act, 1914 (Punjab Act II of 1914).

 

*35.     To remit the stamp duty chargeable on the following petitions under Article 1(b) of the second Schedule:

“A petition or an application presented to a revenue officer asking him to record a statement or sanction a mutation under section 34 (4)  of the Land Revenue Act, XVII of 1887, in consequence of consolidation of holdings carried out by the Co-operative Department in the Punjab.”

 

*(Punjab Government, Finance Department (General)  Notification No. 21444, dated  11th July 1930)

 

*36.     To remit the fee chargeable under Article 1 (a) of the second schedule on the applications or petitions noted below:

(a)                                     Applications or petitions presented to any Municipal Commissioner under any Act for the time being in force for the conservancy or improvement of any place if the application or petition relates solely to such conservancy or improvement.

(b)                                     Applications or petitions presented for the purpose of obtaining a copy or translation of any order passed by a Municipal, Notified Area or Small Town Committee or District or Cantonment Board or of any other document on record in the office of such a body.

 

*(Punjab Government, Finance Department (General)  Notification No. 264444, dated  11th September 1930).

 

*37.     To remit the court fees chargeable under clause (e) of Article 1 or Article 11 of the second schedule, on petitions and appeals against orders of punishment presented under the following Act or rules, by officials under the administrative control of the Government of the Punjab;

(1)                                     The Punjab Subordinate Services, Punishment and Appeal Rules, 1930;

(2)                                     Section 13 of the Punjab Land Revenue Act, 1887;

(3)                                     Rule 16.31 of Chapter XVI (Punishments) of the Punjab Police Rules.

 

*(Punjab Government  Notification No. 38071-Fin.Genl.,dated   3rd December 1932)

 

*38.     To remit the fee payable under article 1(a) of the second schedule upon all applications made to a magistrate in his capacity as a registering authority under the Punjab Motor Vehicles Rules, 1931.

 

*(Punjab Government  Notification No. 142-H/Genl.  dated  3rd January 1934)

 

Financial Commissioners’ Office, Punjab

Correction Slip No. 29, dated Lahore, The  6th January 1962

Punjab Stamp Manual, 1934

Part-II C  Chapter  1, Page 9

After entry No. 45 as inserted by correction slip No. 27.S.M. , dated the 30th September 1959 add the following:

“46-To reduce to a maximum of fifteen rupees, the fees chargeable on plaints in suits for possession of any immovable property forming part of a public Wakf or any interest therein coming within the purview of the Public Wakfs (Extension of Limitation) Act, 1959.”

(Punjab Government  Notification No. 8215-Stamps-II-61/8786.  dated  3rd October 1961)

 

Financial Commissioners’ Office, Punjab

Correction Slip No. 27.S.M. dated Lahore, The  30th September 1959

Punjab Stamp Manual, 1934

Part-II C  Chapter  1, Page 9

After entry No. 44 as inserted by correction slip No. 181, dated the 16th June 1944  add the following:

“45-To remit in whole of the State of Punjab the court fee payable by Government Departments in respect of applications made under the provisions of sections 3 and 4 of the Punjab Instruments (Control of Noises) Act, 1956.”

 

(Punjab Government  Notification No. 4162-Stamps-II-59/1714,  dated  28th July 1959)

 

Financial Commissioners’ Office, Punjab

Correction Slip No. 181 dated Lahore, The  16th June 1944

Punjab Stamp Manual, 1934

Part-II C  Chapter  1, Page 9

After entry No. 43 as revised by correction slip No. 163, dated the 8th January 1942  add the following:

“44-To remit the court fee leviable under clause (a) of Article 1 of the second Schedule on applications for grant of copies of records made under rule 16 (4) of the Punjab Urban Immovable Property Tax Rules, 1941, and rule 41 (5) of the Punjab General Sales Tax Rules, 1943.”

 

(Punjab Government  Notification No. 872-St,  dated  24th April, 1944)

 

 

Financial Commissioners’ Office, Punjab

Correction Slip No. 18, dated Lahore, The  14th May 1985

Punjab Stamp Manual, 1934

Part-III  Chapter 4

In the first line of rule 2 for the word and figure ‘Rule 33’, the words and figure ‘Rule 4’ should be substituted.

 

Financial Commissioners’ Office, Punjab

Correction Slip No.  163 dated Lahore, The  8th January 1942

Punjab Stamp Manual, 1934

Part-II C  Chapter  1, Page 9

After entry No. 41 as revised by correction slip No. 153, dated the 16th April 1941  add the following:

“42-To remit the fee leviable under clause (a) of Article 1 of Schedule II on applications made to a Collector in form D.D.1 published with Financial Commissioners’ notification No. 6401-E&S, dated the 30th November 1932, by a medical officer in managing or supervising charge of a hospital or dispensary.

“43(i)-To direct that in appeal against an order under order 21, Rule 50 (2) of the Code of Civil Procedure, adjudging a person as a partner of a firm against whom a decree is being executed, the fee shall be the same as in a declaratory suit, namely Rs. 10 if the fee otherwise payable exceeds that amount.

(ii)- To direct that in appeal against a personal decree under Order 34, Rule 6 of the Code of Civil Procedure, when only the personal liability of the defendant and not the amount decreed is in dispute, the fee shall be the same as in a declaratory suit, namely Rs. 10 if the fee otherwise payable exceeds that amount.”

Correction slip No. 155, dated the 26th June 1941 is cancelled.

(Punjab Government  Notification No. 789-St,  dated  26th May 1941)

(Punjab Government  Notification No. 1799-St., dated  8th December 1941)

Financial Commissioners’ Office, Punjab

Correction Slip No. 153 dated Lahore, The  16th April 1941

Punjab Stamp Manual, 1934

Part-II C  Chapter  1, Page 9

After entry No. 40 insert the following:

“41-To remit the fee leviable under article 1 (b) of  Schedule II on applications made to the Collector under Section 79 of the Punjab Village Panchayat Act, 1939.”

(Punjab Government  Notification No. 312-St,  dated  6th April, 1941)

Financial Commissioners’ Office, Punjab

Correction Slip No. 7 dated Lahore, The  16th January 1935

Punjab Stamp Manual, 1934

Part-II C  Chapter  1, Page 9

After entry No. 38 the following should be inserted:

“39-To remit the  fee leviable under  Article 1 (a) of the second Schedule upon all applications made to a magistrate in his capacity as a licensing officer under the Wild Birds and Wild Animals Protection Rules, published with Punjab Government notification No. 25157 dated the 4th September, 1934.”

 

(Punjab Government  Notification No. 32230 (H-Genl.), dated  20th November 1934)

Financial Commissioners’ Office, Punjab

Correction Slip No. 57 dated Lahore, The  21st  September 1936

Punjab Stamp Manual, 1934

Part-II C  Chapter  1, Page 9

After entry No. 39 the following should be inserted:

“40-To remit the fee leviable under Article 1 (b) or (c) of Schedule II on an application or petition presented by a revenue agent to the Financial Commissioners, Commissioner of the division, or Collector of the district, for renewal of his certificate.”

(Punjab Government  Notification No. 1428-St,  dated  22nd August 1936)

 


 [a1]For statement of objets and Reasons , see “Gazette of India,” 1886, Pt. V, p 791 for report of the Select Committee, see ibid , 1887 Pt, IV , p. 18 and for Proceedings in Council see ibid, 1866, Supplement, pp. 1131 and 155 and ibid, 1887, Pt. VI, pp. 16 and 21

               This Act has been  declared in force in Upper Burma ( except the Shan States ) by the Burma  Laws Act ,1898 ( 13 of 1898) , see 4 and the First Schedule , Bur Code.

It had  previously been extended there by notification under s. 5 of the Scheduled Districts Act, , 1874( 14 of 1874) , see “ Burma Gazette,” 1888  , Pt, I, P. 362 and :” Gazette of India,” 1888, Pt. I, p. 371.

               It has been declared in force in British Baluchistan by the British Baluchistan Laws Regulation , 1913 92 of 1913) Bal. Code.

 

 [a2]Part I of the Act  has , under s. 2 , been declared to extend to the Punjab, and to come into force therein on the 1st day of March, 1889, see Gazette of India, 1889, Pt. I, P. 107.

 [a3]These words were substituted for the words” with the previous sanction “ by sec .2 and Sch. I of the Devolution Act, 1920 ( 38 of 19200

 [a4]mad, code

 [a5]for rules as to valuation of certain classes of suits under this section , see Part II-C Chapter 3.

 [a6]See now s. 99 of the code of Civil Procedure, 1908(Act 5 of 1908)

 [a7]see now s. 115 of Code of Civil  Procedures, 1908(Act 5 of 1908)