KARNATAKA COURT-FEES AND SUITS VALUATION ACT, 1958
(1) This Act may be called the Karnnataka Court-fees and Suits Valuation Act, 1958.
(2) It extends to the whole of the State of Karnataka.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
(1) The provisions of this Act shall not apply to documents presented or to be presented before an officer serving under the Central Government.
(2) Where any other law contains provisions relating to the levy of fee in respect of proceedings under such other law, the provisions of this Act relating to the levy of fee in respect of such proceedings shall apply subject to the said provisions of such other law.
In this Act, unless the context otherwise requires.
(i) "Appeal" includes a cross-objection;
(ii) "Court" means any civil, revenue or criminal Court and includes a Tribunal or other authority having jurisdiction under any special or local law to decide questions affecting the rights of parties;
(iii) "Prescribed" means prescribed by rules made under this Act;and
(iv) Expressions used and not defined in this Act or in the Karnataka General Clauses Act, 1899 (Karnataka Act III of 1899), but defined in the Code of Civil Procedure, 1908 (Central Act V of 1908), shall have the meanings respectively assigned to them in the said Code.
Section 3 of the Karnataka Court-Fees and Suits Valuation Act, 1958, lays down the definitions and scope of terms used within the Act, establishing the legal framework for valuation, court fees, and related procedural aspects in civil litigation within Karnataka. It acts as the foundational provision guiding the interpretation and application of subsequent sections concerning valuation and fee calculation.
Section 3 defines key terms such as "appeal," "court," "valuation," "market value," and others relevant to the Act. It provides the legal meaning for these terms to ensure uniform understanding and application across courts and litigants. Notably, it clarifies the scope of "valuation" as the process of determining the value of the subject matter of a suit or appeal, and "market value" as the basis for such valuation.
Section 3's scope encompasses:- All suits and appeals filed under civil law where court fees are payable based on valuation.- The process of valuation for different types of suits, including property, partition, declaration, and other reliefs.- The interpretation of terms that influence the calculation of court fees, ensuring consistency across courts.- It acts as a reference point for other sections that specify valuation procedures, fees, and refunds.
Section 3 itself does not prescribe specific punishments. However, violations such as undervaluation or non-compliance with valuation rules may lead to:- Rejection or return of plaint or appeal.- Imposition of deficit court fees.- Penalties under other applicable provisions of the Act or procedural laws for non-compliance or misstatement.
Section 3 of the Karnataka Court-Fees and Suits Valuation Act, 1958, serves as the cornerstone for defining key terms related to valuation and court fees. Its comprehensive definitions promote legal certainty, consistency, and fairness in civil litigation involving property and relief valuation. While it does not prescribe punishments, it underpins the procedural and substantive aspects of fee assessment, influencing the entire litigation landscape within Karnataka.
Note: The references are drawn from the provided sources, primarily "Stono Craft Abrasives VS Karnataka Industrial Area Development Board", which contains detailed commentary and case law references on the interpretation and application of Section 3.
No document which is chargeable with fee under this Act shall.
(i) be filed, exhibited or recorded in, or be acted on or furnished by, any Court including the High Court; or
When a document on which the whole or any art of the fee prescribed by this Act has not been paid is produced or has, through mistake or inadvertence, been received in any Court or public office, the Court or the head of the office may, in its or his discretion, at any rime, allow the person by whom such fee is payable to pay the fee or part thereof, as the case may be, within such time as may be fixed; and upon such payment, the document shall have the same force and effect as if the full fee had been paid in the first instance.
(2) Where more reliefs than one based on the same cause of action are sought in the alternative in any suit, the plaint shall be chargeable with the highest of the fees leviable on the reliefs.
(4) The provisions of this section shall apply mutatis mutandis to memoranda of appeals, applications, petitions and written statements.
Explanation. For the purpose of this section, a suit for possession of immovable property and for mesne profits shall be deemed to be based on the same cause of action.
(1) Save as otherwise provided, where the fee payable under this Act depends on the market value of any property, such value shall be determined as on the date of presentation of the plaint.
Explanation. The word "estate", as used in this section means any land subject to the payment of revenue, for which the proprietor or farmer or raiyta shall have executed a separate engagement to Government, or which in the absence of such engagement shall have been separately assessed with revenue.
A written statement pleading a set off orcounter-claim shall be chargeable with fee in the same manner as a plaint.
Subject to the provisions of the last preceding section, a document falling within two or more descriptions to this Act shall, where the fees chargeable thereunder are different, be chargeable only with the highest of such fees:
Provided that, where one of such descriptions is special and another general, the fee chargeable shall be the fee appropriate to the special description.
In every suit in which the fee payable under this Act on the plaint depends on the market value of the subject-matter of the suit, the plaintiff shall file with the plaint, a statement in the prescribed form, of particulars of the subject-matter of the suit and his valuation thereof unless such particulars and the valuation are contained in the plaint.
(1) In every suit instituted in any Court, the Court shall, before ordering the plaint to be registered, decide on the materials and allegations contained in the plaint and on the materials contained in the statement, if any, filed under Section 10, the proper fee payable thereon, the decision being however subject to review, further review, and correction in the manner specified in the succeeding sub-sections.
(2) Any defendant may, by his written statement filed before the first hearing of the suit or before evidence is recorded on the merits of the claim but, subject to the next succeeding sub-section not later, plead that the subject-matter of the suit has not been properly valued or that the fee paid is not sufficient. All questions arising on such pleas shall be heard and decided before evidence is recorded affecting such defendant, on the merits of the claim. If the Court de
Where a party becomes liable to pay additional fee by reason of an issue framed in the suit, the provisions of the last foregoing section shall apply to the determination and levy of such additional fee subject to the modification that where the party liable does not pay such additional fee within the time allowed, the Court shall strike off the issue and proceed to hear and decide the other issues in the case.
A plaintiff who has been called upon to pay additional fee may relinquish a part of his claim and apply to have the plaint amended so that the fee paid would be adequate for the claim made in the plaint as amended. The Court shall allow such application on such terms as it considers just and shall proceed to hear and decide the claim made in the plaint as amended, provided mat the plaintiff shall not be permitted at any later stage of the suit to add to the claim the part so relinquished.
Where fee is payable under this Act on a written statement filed by a defendant, the provisions of Section 11 shall apply to the determination and levy of the fee payable on such written statement, the defendant concerned being regarded for the said purpose as the plaintiff and the plaintiff or the co-defendant or the third party, against whom the claim is made being regarded as the defendant.
The provisions of Sections 10 to 13 relating to the determination and levy of fee on plaints in suits shall apply mutatis mutandis to the determination and levy of fee in respect of a memorandum of appeal, cross-objection or other proceeding in second appeal.
The provisions of Sections 10 to 13 shall apply mutatis mutandis'to the determination and levy of fee in respect of petitions, applications and other proceedings in Courts in the same way as they apply to the determination and levy of fee on plaints in suits.
(1) The High Court may depute officers to be designated Court-fee Examiners to inspect the records of subordinate Courts with a view to examine the correctness of representations made to, and orders passed by, Courts on questions relating to valuation of subject matter and sufficiency of fee in respect of proceedings in such Courts.
(2) Questions raised in reports submitted by such Court-fee Examiners and relating to any suit, appeal or other proceeding pending in a Court shall be heard and decided by such Court; and for the avoidance of doubt it is hereby declared that in hearing and deciding a question raised in any such report, it shall be lawful for the Court to review an earlier decision given by the Court on the same question.
For the purpose of deciding whether the subject-matter of a suit or other proceeding has been properly value or whether the fee paid is sufficient, the Court may hold such inquiry as it considers proper and may, if it thinks fit, issue a commission to any proper person directing him to make such local or other investigation as may be necessary and to report thereon to the Court.
In any inquiry relating to the fee payable on a plaint, written statement, petition, memorandum of appeal or other document, or to the valuation of the subject-matter of the claim to which the plaint, written statement, petition, memorandum of appeal or other document relates, in so far as such valuation affects the fee payable, the Court may, if it considers it just or necessary to do so, give notice to the State Government together with a copy of any of the documents aforesaid; and where such notice is given the State Government shall be deemed to be a party to the suit or other proceeding as respects the determination of the question or questions aforesaid; and the Court's decision on such question or questions shall, when it passes a decree or final order in such suit or proceeding, be deemed to form part of such decree or final order.
The fee payable under this Act shall be determined or computed in accordance with the provisions of this Chapter, Chapter VI, Chapter VIII and Schedules I and II.
In a suit for money (including a suit for damages or compensation, or arrears of maintenance of annuities, or of other sums payable periodically), fee shall be computed on the amount claimed.
In the suits hereinafter mentioned, fee shall be computed as follows.
(a) in a suit for maintenance, on the amount claimed to be payable for one year;
(b) in a suit for enhancement or reduction of maintenance, on the amount by which the annual maintenance is sought to be enhanced or reduced;
Suits for movable property
In a suit for a declaratory decree or order, whether with or without consequential relief, not falling under Section25. 11. Clause (c) omitted by Act No. 13 of 1982, w.e.f. 1-4-1982.
(c)[x x x x x]
Section 24 of the Karnataka Court-Fees and Suits Valuation Act, 1958, prescribes the manner of computing court fees in various types of suits, particularly focusing on suits for declaration, possession, cancellation of documents, and related reliefs. It aims to standardize the valuation process for determining the court fee payable, thereby influencing jurisdiction and procedural aspects of civil suits in Karnataka.
Section 24 lays down specific rules for calculating court fees depending on the nature of the suit and relief sought:- Clause (a): Suits for declaration and possession are to be valued based on the value of the property or on the relief claimed.- Clause (b): In suits where the subject matter is capable of valuation, the fee is computed on the value of the relief sought or the market value of the property.- Clause (c): Suits for declaration of title or ownership, where possession is not claimed, are valued according to the relief or property value.- Clause (d): In other cases, regardless of the subject matter's capability of valuation, the fee is on the relief's value or Rs. 1,000, whichever is higher.
This commentary synthesizes case law and statutory provisions, highlighting the importance of correct valuation and payment of court fees under Section 24 of the Karnataka Court-Fees and Suits Valuation Act, 1958.
In a suit for a declaration in regard to the validity or invalidity of an adoption or the factum of an adoption, fee shall be payable at the following rates.
In a suit for injunction. 11. Clause (b) omitted by Act No. 13 of 1982, w.e.f. 1-4-1982.
(b)[x x x x x]
In a suit for possession or joint possession of trust property or for a declaratory decree, whether with or without consequential relief in respect of it between trustees or rival claimants to the office of trustee or between a trustee and a person who has ceased to be trustee, fee shall be computed on one-fifth of the market value of the property subject to a maximum fee of rupees two hundred or where the property has no market value on rupees one thousand:
Provided that, where the property does not have a market value, value for the purpose of determining the jurisdiction of Courts shall be such amount as the plaintiff shall state in the plaint.
Explanation. For the purpose of this section, property comprised in Hindu, Muslim or other religious or charitable endowment shall be deemed to be trust property and the manager of any such pr
In a suit for possession of immovable property under Section 9 of the Specific Relief Act, 1877 (Central Act I of 1877), fee shall be computed on one-half of the market value of the property or on 11. Substituted for the words "Rupees one hundred" by Act No. 13 of 1982, w.e.f. 1-4-1982. [rupees one thousand] whichever is higher.
In a suit for possession of immovable property not otherwise provided for, fee shall be computed on the market value of the property or on 22. Substituted for the words "Rupees one hundred" by Act No. 13 of 1982, w.e.f. 1-4-1982. [rupees one thousand], whichever is higher.
In a suit relating to an easement, whether by the dominant or the servient owner, fee shall be computed on the amount at which the relief sought is valued in the plaint, which amount shall in no case be less than rupees 33. Substituted for the words "One hundred" by Act No. 21 of 1979, w.e.f. 31-3-1979. [one thousand]:
Provided that, where compensation is claimed besides other relief relating to such easement, fee shall be paid on the amount claimed as compensation in addition to the fee payable on such other relief.
In a suit to enforce a right of preemption fee shall be computed on the amount of the consideration for the sale which the pre-emptor seeks to avoid or on the market value, whichever is less.
(1) In a suit to recover the money due on a mortgage, fee shall be computed on the amount claimed.
Explanation. It is immaterial that sale of the mortgaged property is not prayed for.
(6) Where the holder of a prior or subsequent mortgage charge is impleaded in a suit by a co-mortgagee to which sub-section (4) applies, or in a suit by a sub-mortgagee to which sub-section (5) applies, the provisions of sub-sections (2) and (3) shall apply mutatis mutandis to a written statement or an application filed by such holder of mortgage or charge.
(7) Where the original mortgagee who is impleaded in a suit to which the provisions of sub-section (5)(b) apply claims on the mortgage sub mortgaged by him a larger amount man is claimed in the plaint, the provisions of sub-section (4) shall apply mutatis muta
(1) In a suit for accounts, fee shall be computed on the amount sued for as estimated in the plaint.
(2) Where the amount payable to the plaintiff as ascertained in the suit is in excess of the amount as estimated in the plaint, no decree directing payment of the amount as so ascertained shall be passed until the difference between the fee actually paid and the fee that would have been payable had the suit comprised the whole of the amount so ascertained, is paid. If the additional fee is not paid within such time as the Court may fix, the decree shall be limited to the amount to which the fee paid extends.
(3) Where in any such suit it is found that any amount is payable to the defendant, no decree shall be passed in his favour until he pays the fee due on the amount.
(1) In a suit for dissolution of partnership and accounts or for accounts of dissolved partnership, fee shall be computed on the value of the plaintiff's share in the partnership as estimated by the plaintiff.
(2) If the value of the plaintiff's share as ascertained in the suit exceeds the value as estimated in the plaint, no decree, or where there has been a preliminary decree, no final decree, shall be passed, in favour of the plaintiff, no payment shall be made out of the assets of the partnership and no property shall be allotted as for the plaintiff's share, until the difference between the fee actually paid and the fee that would have been payable had the suit comprised the whole of the value so ascertained, is paid.
(3) No final decree shall be passed, no money shall be paid and no allotment of property shall be made in favour of
(1) In a suit for partition and separate possession of a share of joint family property or of property owned, jointly or in common, by a plaintiff whose title to such property is denied, or who has been excluded from possession of such property, fee shall be computed on the market value of the plaintiff's share.
(2) In a suit for partition and separate possession of joint family property or property owned, jointly or in common, by a plaintiff who is in joint possession of such property, fee shall be paid at the following rates. Rupees fifteen, if the value of plaintiffs share is Rs. 3,000 or less:; Rupees thirty, if the value is above Rs. 3,000 but not more than Rs. 5,000; Rupees one hundred, if the value is above Rs. 5,000 but below Rs. 10,000; and Rupees two hundred, if the value is Rs. 10,000 and above.
(3) Where, in a suit falling un
In a suit for joint possession of joint family property or of property owned, jointly or in common by a plaintiff who has been excluded from possession, fee shall be computed on the market value of the plaintiff's share.
(1) In a suit for the administration of an estate, fee shall be levied on the plaint at the rates specified in Section 47.
(2) Where any amount or share or part of the assets of the estate is found due to plaintiff, and the fee computed on the amount or the market value of such share or part of the assets exceeds the fee paid on the plaint, no payment shall be made and no decree directing payment of money or confirming title to such share or part of the assets shall be passed until the difference between the fee actually paid and the fee computed on the amount or value of the property is paid.
(3) No payment shall be made, no decree directing payment of money or confirming title to any share or part of the assets of the estate shall be passed in favour of a defendant in suit for administration, until the fee computed on the amount or val
(1) In a suit for cancellation of a decree for money or other property having a money value, or other document which purports or operates to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest in money, movable or immovable property, fee shall be computed on the value of the subject matter of the suit, and such value shall be deemed to be. if the whole decree or other document is sought to be cancelled, the amount or value of the property for which the decree was passed or other document was executed: if a part of the decree or other document is sought to be cancelled, such part of the amount or value of the property.
(2) If the decree or other document is such that the liability under it cannot be split up and the relief claimed relates only to a particular item of property belonging to the plaintiff or to the plaintiff's sha
(1) In a suit to set aside an attachment by a civil or revenue court of any property, movable or immovable, or of any interest therein or of any interest in revenue, or to set aside an order passed on an application made to set aside the attachment, fee shall be computed on one-fourth of the market value of the attached property in respect of which the suit is instituted or on the amount for which the property was attached, whichever is less.
(2) In a suit to set aside any other summary decision or order of a Civil or Revenue Court, if the subject-matter of the suit has a market value, fee shall be computed on one-fourth of such value, and in other cases, fee shall be payable at the rates specified in Section 47.
Explanation. For the purpose of this section, the Registrar of Co-operative Societies shall be deemed to be a Civil Court.
In a suit for specific performance, whether with or without possession, fee shall be payable.
(a) in the case of a contract of sale, computed on the amount of the consideration;
(b) in the case of a contract of mortgage, computed on the amount agreed to be secured by the mortgage;
(c) in the case of a contract of lease, computed on the aggregate amount of the fine or premium, if any and of the average of the annual rent agreed to be paid;
(d) in the case of a contract of exchange, computed on the amount of the consideration, or as the case may be, on the market value of the property sought to be got in exchange;
(e) in other cases, where the consideration for the promise sought to be enforced has a marke
(2) In a suit for recovery of immovable property from a tenant including a tenant holding over after the termination of a tenancy, fee shall be computed on the premium, if any, and on the rent payable for the year next before the date of presenting the plaint.
Explanation. Rent includes also damages for use and occupation payable by a tenant holding over.
(1) In a suit for mesne profits or for immovable property and mesne profits, fee shall in respect of mesne profits be computed where the amount is stated approximately and sued for, on such amount. If the profits ascertained to be due to the plaintiff are in excess of the profits as approximately estimated and sued for, no decree shall be passed until the difference between the fee actually paid and the fee that would have been payable had the suit comprised the whole of the profits so ascertained is paid.
(2) Where a decree directs an enquiry as to the mesne profits which have accrued on the property, whether prior or subsequent to the institution of the suit, no final decree shall be passed till the difference between the fee actually paid and the fee which would have been payable had the suit comprised the whole of the profits accrued due till the date of such decree is paid.
(3) In suits in Tahsildar's Courts under the Bombay Mamlatdar Courts Act, 1906 (Bombay Act II of 1906), the fee payable shall be one rupee and fifty paise.
In a suit for relief under Section 14 of the Religious Endowments Act, 1863 (Central Act XX of 1863), or under Section 91 or Section 92 of the Code of Civil Procedure, 1908 (Central Act V 1908), 44. Inserted by Act No. 13 of 1981 and shall be and shall be deemed to have been inserted w.e.f. 1-1-1976. [or under Section 50 of the Bombay Public Trusts Act, 1950 (Bombay Act XXIX of 1950)], the fee payable shall be fifty rupees.
(1) In an interpleader suit, fee shall be payable on the plaint at the rates specified in Section 47.
(3) Value for the purpose of determining the jurisdiction of Court shall be the amount of the debt, or the sum of money or the market value of other property to which the suit relates.
In third party proceedings, fee shall be levied on one-half of the value of the contribution or indemnity claimed against a third party or against a co-defendant if a claim is made against him:
Provided that, if the suit against the defendant who has filed the third party notice is dismissed, wholly or in part, he shall be entitled to a refund of the whole or a proportionate part of the fee paid by him.
Explanation. The provisions of this section shall also apply to counter claims made in third party proceedings.
In suits not otherwise provided for, fee shall be payable at the following rates.
The fee payable under this Act on a memorandum of appeal against 22. Substituted for the words "fifteen rupees" by Act No. 7 of 1996, w.e.f. 28-3-1996. [a decision or an award or order] relating to compensation under any Act for the time being in force for the acquisition of property for public purpose shall be computed on the difference between the amount awarded and the amount claimed by the 33. Now see the Karnataka Act No. 12 of 1964, w.e.f. 1-4-1964. [appellant.] 44. Inserted by Act No. 13 of 1981 and shall be and shall be deemed to have been inserted w.e.f. 1-1-1976.
Explanation. For the purpose of this section the expressions of amount awarded' and 'amount claimed' include any other additional sum payable in accordance with the law providing for acquisition in consideration of the compulsory nature of the acquisition.
11. Substituted for the words "fifteen rupees" by Act No. 7 of 1996, w.e.f. 28-3-1996. [Save as provided in Section 48, the fee payable] in an appeal shall be the same as the fee that would be payable in the Court of first instance on the subject matter of the appeal:
Provided that, in levying fee on a memorandum of appeal against a final decree by a person whose appeal against the preliminary decree passed by the Court of first instance or by the Court of appeal is pending, credit shall be given for the fee paid by such person in the appeal against the preliminary decree.
Explanation (1). Whether the appeal is against the refusal of a relief or against the grant of the relief, the fee payable in the appeal shall be the same as the fee that would be payable on the relief in ihe Court of first instance.
&
(2) In a suit where fee is payable under this Act at a fixed rate, the value for the purpose of determining the jurisdiction of Courts shall be the market value or where it is not possible to estimate it at a money value such amount as the plaintiff shall state in the plaint.
(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 itself, it shall dispose of the appeal as if there had been no defect of jurisdiction in the Court of 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 matters and has 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 appeals; but if it remands the suit or appeal, or frames and refers issues for trial, or requires additional evidence to be taken, it shall direct its order to a Court competent to entertain the suit o
(1) Every application for the grant of probate or letters of administration shall be accompanied by a valuation of the estate in duplicate in the form set forth in Part I of Schedule III.
(2) On receipt of such application, the Court shall send a copy thereof and of the valuation to the Deputy Commissioner of the district in which the estate is situated or if the estate is situated in more than one district, to the Deputy Commissioner of the district in which the most valuable portion of the immovable property included in the estate is situated.
Explanation. Any member of a joint Hindu family governed by the Mitakshara Law who applies for probate or letters of administration in respect of the estate of a deceased member of the joint family shall pay a fee on the value of the share in the joint property which the deceased would have received if a partition of the property had been made immediately before his death.
The grant of probate or letters of administration shall not be delayed by reason of the reference to the Deputy Commissioner under sub-section (2) of Section 52; or of a motion by the Deputy Commissioner under sub-section (5) of Section 56; but the Court shall make no grant of probate or letters of administration until it is satisfied that a fee not less than that prescribed by this Act has been paid on the basis of the net value of the estate as furnished in the valuation accompanying the application, or in the amended valuation filed under sub-section (3) of Section 56:
Provided that the Court may grant probate or letters of administration notwithstanding that the prescribed fee has not been paid, to the Administrator-General in his official capacity on his giving an undertaking to the satisfaction of the Court that the said fee will be paid within such time as may be fixed by t
(1) Whenever a grant of probate or letters of administration has been made in respect of the whole of the property belonging to an estate and the full fee payable under this Act in respect of the application for such grant has been paid thereon, no fee shall be payable when a like grant is made in respect of the whole or any part of the same property belonging to the same estate.
(2) Whenever such grant has been made in respect of any property forming part of an estate, the amount of fee actually paid under this Act in respect thereof shall be deducted when a like grant is made in respect of the property belonging to the same estate identical with or including the property to which the former grant relates.
(1) The Deputy Commissioner to whom a copy of the application and of the valuation has been sent under sub-section (2) of Section 52, shall examine the same and may make or cause to be made by any officer subordinate to him such inquiry, if any, as he thinks fit as to the correctness of the valuation or, where a part only of the property is situated in his district, of the valuation of that part, and may require the Deputy Commissioner of any other district in which any part of the property is situated to furnish him with the correct valuation thereof.
(2) Any Deputy Commissioner required under sub-section (1) to furnish the correct valuation of any property shall comply with the requisition after making or causing to be made by any officer subordinate to him such inquiry, if any, as he thinks fit.
(3) If the Deputy Commissioner is of op
(1) The Court shall, when moved by the Deputy Commissioner under sub-section (5) of Section 56, hold or cause to be held by .any Court or officer subordinate to it an inquiry as to the true value at which the estate of the deceased should have been estimated. The Deputy Commissioner shall be deemed to be a party to the inquiry.
(3) The Court on the completion of the inquiry or on receipt of the report referred to in sub-section (2), as the case may be, shall record a finding as to the true value at which the estate should have been estimated and such finding shall be final.
(4) The Court may make such order in accordance with the provisions of the Code of Civil Procedure, 1908 (Central Act V of 1908), as to the cost of the inquiry as it thinks fit.
(1) Where too low a fee has been paid on any probate or letters of administration in consequence of any mistake or of its not being known at the time that some particular part of the estate belonged to the deceased, if any executor or administrator, acting under such probate or letters, applies, to the Deputy Commissioner in the form set forth in Part II of Schedule III and pays within six months after the discovery of the mistake or of any effects not known at the time to have belonged to the deceased, what is wanting to make up the fee which ought to have been paid at first on such probate or letters the Deputy Commissioner shall, if satisfied that a low fee was paid in the first instance in consequence of a mistake and without any intention of fraud or to delay the payment of the proper fee, cause the probate or letters to be duly stamped.
(2) If, in a case falling under sub-sec
In case of letters of administration on which too low a fee has been paid at first, the Deputy Commissioner shall not cause the same to be duly stamped in the manner aforesaid until the administrator has given such security to the Court by which the letters of administration have been granted as ought by law to have been given on the granting thereof in case the full value of estate of the deceased had been then ascertained.
(1) If, at any time after the grant of the probate or letters of administration of an estate, it is discovered that a higher fee has been paid than was payable according to the true value of the estate, the executor or the administrator, as the case may be, may apply for a refund to the Deputy Commissioner to whom a copy of the valuation of the estate was sent under sub-section (2) of Section 52. The application shall be accompanied by an amended valuation in the form set forth in Part II of Schedule III together with the probate or letters of administration upon which a refund is sought.
Any excess fee found to be payable by an applicant for probate or letters of administration or by an executor or administrator, or any costs under sub-section (4) of Section 57 or any penalty or forfeiture payable by any such executor or administrator may, on the certificate of the Chief Controlling Revenue Authority be recovered from the executor or administrator as if it were an arrear of land revenue.
The powers and duties of the Deputy Commissioner under this Chapter shall be subject to the control of the Chief Controlling Revenue Authority.
(2) Where a memorandum of appeal is rejected on the ground that it was not presented within the time allowed by the law of limitation, one-half of the fee shall be refunded.
Refund in cases of remand
Where an application for a review of judgment is admitted on the ground of some mistake or error apparent on the face of the record, and on the rehearing the Court reverses or modifies its former decision on that ground, it shall direct the refund to the applicant of so much of the fee paid on the application as exceeds the fee payable on any other application to such Court under Article 11(g) and (t) of Schedule II.
Whenever by agreement of parties.
(a) any suit is dismissed as settled out of Court before any evidence has been recorded on the merits of claim; or
(b) any suit is compromised ending in a compromise decree before any evidence has been recorded on the merits of the claim; or
(c) any appeal is disposed of before the commencement of hearing of such appeal: half the amount of all fees paid in respect of the claim or claims in the suit or appeal shall be ordered by the Court to be refunded to the parties by whom the same have been respectively paid.
Explanation. The expression merits of the claim' shall have the meaning assigned to it in Section 11.
The fee paid by mistake or inadvertence shall be ordered to be refunded.
Where the final decree in a partition suit has been engrossed on non-judicial stamps furnished by the parties, the Court shall refund to the parties of so much of the valued fee paid by them as is equal to the value of the non-judicial stamps furnished by them.
Nothing contained in this Act shall render the following documents chargeable with any fee.
(i) mukhtarnama, Vakalatnama or other written authority to institute or defend a suit when executed by a member of any of the Armed Forces of the Union not in civil employment;
(ii) memorandum of appearance filed by advocates or pleaders when appearing for persons proceeded against in criminal cases;
(iii) plaints and other documents in suits filed in village Court;
(iv) application or petition to a Deputy Commissioner or other officer making a settlement of land revenue, or to the State government relating to matters connected with the assessment of land, or with the ascertainment of rights thereto or interest therein, if presented previous to the final con
11. Substituted for the words "fifteen rupees" by Act No. 7 of 1996, w.e.f. 28-3-1996.
(2) Every notification under sub-section (1) shall be laid as soon as may be after it is published in the official Gazette before the State Legislative Assembly while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if before the expiry of that period, the State Legislative Assembly makes any modification in the notification or directs that the notification shall not have effect, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be.
All fees chargeable under this Act shall be collected by stamps.
The stamps used to denote any fee chargeable under this Act shall be impressed or adhesive or partly impressed and partly adhesive, as the State Government may, by notification in the official Gazette from time to time, direct.
Where any document which ought to bear a stamp under this Act is amended in order merely to correct a mistake and to make it conform to the original intention of the parties, it shall not be necessary to impose a fresh stamp.
No document requiring a stamp under this Act shall be filed or acted upon in any proceeding in any Court or office until the stamp has been cancelled. Such officer as the Court or the head of the office may, from time to time, appoint shall on receiving any such document forthwith effect such cancellation by punching out the figurehead so as to leave the amount designated on the stamp untouched and the part removed by punching shall be burnt or otherwise destroyed.
11. Substituted for the words "fifteen rupees" by Act No. 7 of 1996, w.e.f. 28-3-1996.
(3) No such deduction shall, however, be made where refund is claimed in respect of any fee paid in pursuance of an order of a Court which has been varied or reversed in appeal.
(4) A statement of the amount refunded under sub-section (2) shall be sent by the Court to the Deputy Commissioner concerned at the end of every month in such form as may be prescribed.
Any person appointed to sell stamps, who disobeys any rules made under this Act, and any person, not so appointed, who sells or offers for sale any stamps, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.
22. Substituted for the words "fifteen rupees" by Act No. 7 of 1996, w.e.f. 28-3-1996.
(1) Notwithstanding anything contained in this Act or any other law for the time being in force, it shall be competent for the State Government to levy an additional Court-fee, by notification, in respect of appeals or revisions to tribunals or appellate authorities, other than Civil and Criminal Courts, at a rate not exceeding one hundred rupees for each appeal or revision
(2) There shall be constituted a legal benefit fund to which shall be credited the proceeds of the additional Court-fee levied and collected under sub-section (1).
(3) The fund constituted under sub-section (2), shall be applied and utilised for the purpose of providing an efficient legal service for the purpose of providing an efficient
(2) All rules made under sub-section (1) shall be subject to confirmation by the State Government and on such confirmation shall be published in the official Gazette and shall there upon have the force of law.
(1) The State Government may by notification in the official Gazette, make rules to carry out the purposes of this Act.
(3) All rules made under this Act shall be laid as soon as may be after they are made before the State Legislative Assembly while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if before the expiry of that period. The State Legislative Assembly makes any modification in the rules or directs that any rule shall not have effect the rules shall thereafter have effect only in such modified form or be of no effect, as the case.
(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 1
Ad valorem fees
Article
Particulars
Proper fee
(1)
(2)
(3)
1.
Plaint, written statement, pleading a set off or counterclaim or memorandum of appeal presented to any Court.
When the amount or value of the subject matter in dispute
(i)
not exceeding rupees 15,000
2 1/2 per centum
(
The Karnataka Court-Fees and Suits Valuation Act, 1958, is a legislative framework that governs the imposition of court fees and the valuation of suits in the state of Karnataka. This Act aims to streamline the process of determining the fees payable in civil litigation, ensuring that the costs associated with accessing justice are clear and consistent.
Schedule 1 of the Act prescribes the court fees applicable to various types of suits, primarily focusing on an ad valorem fee structure. Specifically, Article 1 of Schedule 1 mandates a flat rate of 7.5% on the amount or value of the subject matter of the suit, without any upper limit.
The scope of this section encompasses all civil suits where the fee is determined by the market value of the subject matter. It applies uniformly across various types of civil litigation, ensuring that litigants are aware of their financial obligations when initiating legal proceedings.
The Act does not explicitly outline punitive measures for non-compliance with the fee structure; however, failure to pay the requisite court fees may result in the dismissal of the suit or other procedural consequences.
SCHEDULE 2
Article
Particulars
Proper fee
(1)
(2)
(3)
1.
Petition in a suit under the Mysore Converts' Marriage Dissolution Act 1866 (Mysore Act XXI of 1866); or the Converts' Marriage Dissolution Act, 1866 (Central Act XXI of 1866); Petition under the Indian Divorce Act, 1869 (Central Act IV of 1869), other than a petition under Section 44 of
-
- that Act, and every memorandum of appeal under Section 55 of that Act; Plaint or memorandum of appeal under the Parsi Marriage
SCHEDULE
PART 1
[See Section 52]
Form of Valuation (to be used with such modifications, if any, as may be necessary) of Estate.
IN THE COURT OF
Reference: Probate of the will of the estate of (or administration)
deceased.
1.I, (A.B.) solemnly affirm/make oath and say mat 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 Form of Valuation all the estate of which the above named deceased died possessed or to which he was entitled at the time of his death, and which has come, or is likely to come, to my hands.
&
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