BOMBAY COURT FEES ACT, 1959
(1) This Act may be called the Bombay Court-fees Act, 1959.
(2) It extends to the whole of the 1[State of Maharashtra]
(3) It shall come into force on such 2[date as the state Government may, by notification in the Official Gazette, appoint.
(4) The provisions of this Act shall not apply to fees or stamps relating to documents presented or to be presented before any officer serving under the Central Government.
(5) In the absence of any specific provision to the contrary, nothing in this Act, shall affect any special law now in force relating to fees taken in the courts and public offices
In this Act, unless the context otherwise requires.-
(a) "Chief Controlling Revenue Authority" means such officer as the State Government may by notification in the Official Gazette appoint in this behalf for the whole or any part of the 1[State of Maharashtra;]
(b) "Collector" includes any officer authorised by the Chief Controlling Revenue Authority to perform the functions of a Collector under this Act.
(c) "Plaint" includes a written statement pleading a set-off or counter-claim.
State Amendments
1 These words were substituted for the words “State of Bombay” by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
The fees payable for the time being to he clerks and officers (other than the Sheriffs and attorneys) of the High Court; or chargeable in that Court under No. 10 of the first and Nos. 11, 14, 17, 20 and 21 of the Second Schedule to this Act annexed; Levy of fees in Bombay Small Cause Court. - and the fees for the time being chargeable in the Court of Small Causes at Bombay and its office, shall be collected in manner hereinafter appearing.
(1) When any difference arises between the Officer whose duty it is to see that any fee is paid under this Chapter and any suitor or attorney, as to the necessity of paying a fee or the amount thereof, the question shall, when the difference arises in the High Court, be referred to the taxing officer whose decision thereon shall be final, subject to revision on an application, made within 1[thirty days] from the date of the decision, by the suitor or attorney or such officer as may be appointed in this behalf by the State Government, by the Chief Justice or by such Judge of the High Court as the Chief Justice shall appoint either generally or specially in this behalf. The Chief Justice shall declare who shall be taxing officer within the meaning of this sub-section.
(2) When any such difference arises in the Court of Small Causes of Bombay, the question shall be referred to the Cle
(1) No document of any of the kinds specified as chargeable in the first or second Schedule to this Act annexed shall be filed, exhibited or recorded in any Court of Justice, or shall be received or furnished by any public officer, unless in respect of such document there has been paid a fee of an amount not less than that indicated by either of the said Schedules as the proper fee for such document.
(2) When any difference arises between the officer whose duty it is to see that any fee is paid under this Act and any suitor or his pleader, as to the necessity of paying a fee or the amount thereof, the question shall, when the question arises in the High Court, be referred to the taxing officer whose decision thereon shall be final, subject to revision, on an application, made within 1[thirty days] from the date of the decision, by- the suitor or his pleader or such officer as may b
The amount of fee payable under this Act in the suits next hereinafter mentioned shall be computed, as follows:-
(i) For moneys: In suits for money (including suits for damages or compensation, or arrears of maintenance, of annuities, or of other sums payable periodically) - according to the amount claimed;
(ii) For maintenance and annuities: In suits for maintenance (with or without a prayer for the creation of a charge), and for annuities or other sums payable periodically according to the value of the subject-matter of the suit and such value shall be deemed to be, in the case of a suit for maintenance, the amount claimed to be payable for one year and in any other case, ten times such amount: Provided that if in a suit for maintenance the plaintiff obtained decree for maintenance, the defendant shall be liable to make good the defic
The Bombay Court Fees Act, 1959, governs the payment of court fees in civil suits within the jurisdiction of Maharashtra. Section 6 specifically addresses the computation of fees payable in various types of suits, establishing a framework for determining the appropriate court fees based on the nature of the relief sought and the valuation of the subject matter.
Section 6 of the Bombay Court Fees Act outlines the criteria for determining the court fees applicable to different types of civil suits. It categorizes suits based on their nature and the relief sought, specifying whether fees should be paid on an ad valorem basis or a fixed amount.
The scope of Section 6 extends to all civil suits filed in the Bombay jurisdiction, providing a comprehensive framework for the assessment of court fees. It applies to suits involving declarations of ownership, injunctions, and other forms of relief, ensuring that the fees are proportionate to the value of the claims made.
Section 6 does not prescribe specific punishments for non-compliance regarding court fees. However, failure to pay the appropriate court fees can result in the dismissal of the suit or the return of the plaint for proper valuation and payment.
This commentary provides a comprehensive overview of Section 6 of the Bombay Court Fees Act, 1959, highlighting its significance in the legal framework governing court fees in civil suits.
(1) The amount of fee payable under this Act on a memorandum of appeal against an order relating to compensation under any Act for the time being in force for the acquisition of land for public purposes shall be computed according to the difference between the amount awarded and the amount claimed by the appellant.
(2) The amount of fee payable under this Act on a memorandum of appeal against an award of a Claims Tribunal preferred under section 110 Dofthe Motor Vehicles Act, 1939,-shall be computed as follows:
(i) If such appeal is preferred by the insurer or owner of the motor vehicle - the full ad valorem fee leviable on the amount at which the relief is valued in the memorandum of appeal according to the scale prescribed under Article of Schedule I;
(ii) If such appeal is preferred by any
If the Court is of opinion that the subject-matter of any suit has been wrongly valued or if an application is made to the Court for the revision of any valuation made, the Court may revise the valuation and determine the correct valuation and may hold such inquiry as it thinks fit for such purpose.
(1) For the purpose of the inquiry under section 8-the Court may depute, or issue a commission to any suitable person to make such local or other investigation as may be necessary and to report thereon to the Court. Such report and any evidence recorded by such person shall be evidence in inquiry.
(2) The Court may, from time to time, direct such party to the suit as it thinks fit to deposit such sum as the Court thinks reasonable as the costs of the inquiry, and if the costs are not deposited within such time as the Court shall fix, may, notwithstanding anything contained in any other Act, reject the plaint or as the case may be, the appeal, if such party is the plaintiff or the appellant and in any other case, may recover the costs as a public demand : Provided that when any plaint or appeal is rejected under this section the court-fee already paid shall not be liable to be refun
(1) The Court, when making an inquiry under section 8-and any person making an investigation, under section 9-shall have respectively for the purposes of such inquiry or investigation, the powers vested in a Court under the Code of Civil Procedure, 1908-, in respect of the following matters, namely :
(a) enforcing the attendance of any person and examining him on oath or affirmation;
(b) compelling the production of documents or material objects;
(c) issuing commissions for the examination of witnesses;
(d) taking or receiving evidence on affidavits.
(2) An inquiry or investigation referred to in sub-section (1) shall be deemed to be a judicial proceeding within the meaning of sections 193-and228 of the I
If in the result of an inquiry under section 8-the Court finds that the subject-matter of the suit has been under valued, the Court may order the party responsible for the undervaluation to pay all or any part of the costs of the inquiry. If in the result of such inquiry the Court finds that the subject-matter of the suit has not been undervalued the Court may, in its discretion, order that all or any part of such costs shall be paid by Government or by any party to the suit at whose instance the inquiry has been undertaken and if any amount exceeding the proper amount of fee has been paid shall refund the excess amount so paid.
(1) The State Government may appoint generally, or in any case, or for any specified class of cases in any local area, one or more officers to be called inspecting officers.
(2) The inspecting officer may, subject to the control of the Court concerned examine the records of any case which is pending or has been disposed of, with a view to finding out whether proper fees have been paid therein.
(3) If on such examination, the inspecting officer finds that the fee payable under this Act on any document filed, exhibited or recorded in such case has not been paid or has been insufficiently paid, he shall report the fact to the presiding officer of the Court.
(4) Such presiding officer after satisfying himself of the correctness of such report, shall record a provisional finding that the proper fee
(1) In a suit for the recovery of possession of immovable property and mesne profits or for mesne profits or for an account, the difference, if any, between the fee actually paid and the fee which would have been payable had the suit comprised the whole of the profits or amount found due shall, on delivery of judgment, be taxed by the Court and shall be leviable from the plaintiff and if not paid by him within thirty days from the date of the judgment be recoverable according to the law and under the rules for the time being in force for the recovery of arrears of land revenue.
(2) The Court shall send a copy of the decree passed in such suit to the Collector.
(3) No decree for mesne profits passed in any such suit by the Court shall be executed, until a certificate to the effect that such difference is paid or recovered, signed by the C
(1) Every question relating to valuation for the purpose of determining the amount of any fee chargeable under this Chapter on a plaint or memorandum of appeal shall be decided by the Court in which such plaint or memorandum, as the case may be, is filed, and such decision shall be final as between the parties to the suit.
(2) But whenever any such suit comes before a Court of appeal, reference or revision, if such Court considers that the said question has been wrongly decided to the detriment of the revenue, it shall require the party by whom such fee has been paid to pay so much additional fee as would have been payable had the question been rightly decided.
If an appeal or plaint, which has been rejected by the lower Court on any of the grounds mentioned in the Code of Civil Procedure, 1908-, is ordered to be received, or if a suit is remanded in appeal, on any of the grounds mentioned in rule 23 of Order 41-in the first Schedule to the same Code for a second decision by the lower Court the Appellate Court shall grant to the appellant a certificate, authorising him to receive back from the Collector the full amount of fee paid on the memorandum of appeal; Provided that if, in the case of a remand in appeal the order of remand shall not cover the whole of the subject matter of the suit, the certificate so granted shall not authorize the appellant to receive back more than so much fee as would have been originally payable on the part or parts of such subject-matter in respect whereof the suit has been remanded.
Where an application for review of judgment is presented on or after the 1[thirtieth day] from the date of the decree, the Court unless the delay was caused by the applicant's laches, may, in its discretion, grant him a certificate authorizing him to receive back from the Collector so much of the fee paid on the application as exceeds the fee which would have been payable had it been presented before such day.
Where an application for a review of judgment is admitted, and where, on the rehearing, the Court reverse or modifies its former decision on the ground of mistake in law or fact, the applicant shall be entitled to a certificate from the Court authorizing him to receive back from the Collector so much of the fee paid on the application as exceeds the fee payable on any other application to such Court under the second Schedule to this Act, No. 1, clause (c) or cl.(f). But nothing in the former part of this section shall entitle the applicant to such certificate where the reversal or modification is due, wholly or in part, to fresh evidence which might have been produced at the original hearing.
Where a certificate is granted to any person under section 15-,16-or17-, no fee there under shall be refunded, unless such person presents it to the Collector or such other authority as may be prescribed by rules, for encashment, within two years from the date of issue of the certificate by the Court.]
Where a suit embraces two or more distinct subjects, the plaint or memorandum of appeal shall be chargeable with the aggregate amount of the fees to which the plaints or memoranda of appeal in suits embracing separately each of such subjects would be liable under this Act. Nothing in the former part of this section shall be deemed to affect the powers conferred by the Code of Civil Procedure, 1908-,Schedule 1-,Order 2-,Rule 6-
1 These words were substituted for the words “ninetieth day” by Mah. 50 of 1976, s. 2.
2 Section 17A was inserted by Mah. 18 of 1966, s. 2.
When the first or only examination of a person who complains of the offence of wrongful confinement, or of wrongful restraint, or of any offence other than an offence for which police officers may arrest without a warrant, and who has not already presented a petition on which a fee has been levied under this Act, is reduced to writing under the provisions of the Code of Criminal Procedure, 1898-, the complainant shall pay a fee of one rupee unless the Court thinks fit to remit such payment.
3[(1) Nothing contained in this Act shall render the following documents chargeable with any fee
(i) Power-of-attorney 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) Application for certified copies of documents or for any other purpose in the course of a criminal proceeding presented by or on behalf of the State Government to a Criminal Court.
(iii) Written statements called for by the Court after the first hearing of a suit.
(iv) Probate of a will, letters of administration, and, save as regards debts and securities, a certificate under Bombay Regulation VIII of 1827 or any corresponding law in force, where the an or value of the property in respect of which the probate
Where any person on applying for the probate of a will or letters of administration has estimated the property of the deceased to be of greater value than the same has afterwards proved to be, and has consequently paid too high a court-fee thereon, if, within six months after the true value of the property has been ascertained, such person produces the probate or letters to the Chief Controlling Revenue Authority for the local area in which the probate or letters have or has been granted, and delivers to such Authority a particular inventory and valuation of the property of the deceased, verified by affidavit or affirmation, and if such Authority is satisfied that a greater fee was paid on the probate or letters than the law required, the said Authority may-
(a) cancel the stamp on the probate or letters if such stamp has not been already cancelled;
- Whenever it is proved to the satisfaction of such Authority that an executor or administrator has paid debts due from the deceased to such an amount as, being deducted out of the amount or value of the estate, reduces the same to a sum which, if it had been the whole gross amount or value of the estate, would have occasioned a less court-fee to be paid on the probate or letters of administration granted in respect of such estate than has been actually paid thereon under this Act, such Authority may return the difference, provided the same be claimed within three years after the date of such probate or letters. But when, by reason of any legal proceeding, the debts due from the deceased have not been ascertained and paid, or his effects have not been recovered and made available, and in consequence thereof the executor or administrator is prevented from claiming the return of such difference within the said term of three yea
Whenever a grant of probate or letters of administration has been or is made in respect of the whole of the property belonging to an estate, and the full fee chargeable under this Act has been or is paid thereon, no fee shall be chargeable under the same Act when a like grant is made in respect of the whole or any part of the same property belonging to the same estate. Whenever such a grant has been or is made in respect of any property forming part of an estate, the amount of fees then actually paid under this Act shall be deducted when a like grant is made in respect of property belonging to the same estate, identical with or including the property to which the former grant relates.
The probate of the will or the letters of administration of the effects of any person deceased here to before or hereafter granted shall be deemed valid and available by his executors or administrators for recovering, transferring or assigning any movable or immovable property whereof or whereto the deceased was possessed or entitled either wholly or partially as a trustee, notwithstanding the amount or value of such property is not included in the amount or value of the estate in respect of which a court-fee was paid on such probate or letters of administration.
Where any person on applying for probate or letters of administration has estimated the estate of the deceased to be of less value than the same has afterwards proved to be, and has in consequence paid too low a court-fee thereon, the Chief Controlling Revenue Authority for the local area in which the probate or letters has or have been granted may, on the value of the estate of the deceased being verified by affidavit or affirmation, cause the probate or letters of administration to be duly stamped on payment of the full court-fee which ought to have been originally paid thereon in respect of such value and of the further penalty, if the probate or letters is or are produced within one year from the date of the grant, of five times, or, if it or they, is or are produced after one year from such date, of twenty times, such proper court-fee, without any deduction of the court-fee originally paid on such probate or letters: Pro
In case of letters of administration on which too low a court-fee has been paid at first, the said Authority shall not cause the same to be fully stamped in a 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 the estate of the deceased had been then ascertained.
- Where too low a court-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 132 administrator acting under such probate or letters does not, within six months after the discovery of the mistake or of any effects not known at the time to have belonged to the deceased, apply to the said Authority and pay what is wanting to make up the court-fee which ought to have been paid at first on such probate or letters, he shall forfeit the sum of one thousand rupees and also a further sum at the rate of ten rupees per cent on the amount of the sum wanting to make up the proper court-fee.
(1) Where an application for probate or letters of administration is made to any Court other than the High Court, the Court shall cause notice of the application to be given to the Collector.
(2) Where such an application as aforesaid is made to the High Court, the High Court shall cause notice of the application to be given to the Chief Controlling Revenue Authority.
(3) The Collector within the local limits of whose revenue jurisdiction the property of the deceased or any part thereof is, may at any time inspect or cause to be inspected, and take or cause to be taken copies of, the record of any case in which application for probate or letters of administration has been made; and if on such inspection or otherwise, he is of opinion that the petitioner has underestimated the value of the property of the deceased the Collector shall forw
(1) No order entitling the petitioner to the grant of probate or letters of administration shall be made upon an application for such grant until the petitioner has filed in the Court a valuation of the property in the form set forth in the Third Schedule, and the Court is satisfied that the fee mentioned in No. 10 of the First Schedule has been paid on such valuation.
(2) The gram of probate or letters of administration shall not be delayed by reason of any report made by the Collector under Section 28-, sub-sec. (3).
(1) Any excess fee found to be payable on an inquiry held under section 28-, and any penalty or forfeiture under section 27-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 by any Collector.
(2) The Chief Controlling Revenue Authority may remit the whole or any part of any such penalty or forfeiture as aforesaid or any part of any penalty under section 25-or of any court-fee under section 25-in excess of the full court-fee which ought to have been paid.
- Nothing in Section 5-orSection 40-shall apply to probates or letters of administration.
The High Court shall make rules as to the following matters:-
(i) the fees chargeable for serving and executing processes issued by such Court in its appellate jurisdiction, and by the other Civil and Revenue Courts, established within the local limits of such jurisdiction;
(ii) the fees chargeable for serving and executing processes issued by the Criminal Courts, established within such limits in the case of offences other than offences for which police officers may arrest without a warrant; and
(iii) the remuneration of the peons and all other persons employed by leave of a Court in the service or execution of processes. The High Court may from time to time alter and add to the rules so made. Confirmation and publication of rules.- All such rules, alterations and additions shall, after being
A table in the English and regional languages, showing the fees chargeable for such service and execution shall be exposed to view in a conspicuous part of each Court.
Subject to rules to be made by the High Court and approved by the State Government, every District Judge, the Principal Judge of the Bombay City Civil Court and every Magistrate of a District shall fix, and may from time to time alter, the number of peons necessary to be employed for the service and execution of processes issued out of his Court, and each of the Courts subordinate thereto.
Number of peons in mofussil Small Cause Courts.- and for the purposes of this section, every Court of Small Causes established under the Provincial Small Cause Courts Act, 1887,shall be deemed to be subordinate to the Court of the District Judge.
Subject to rules to be framed by the Chief Controlling Revenue Authority and approved by the State Government, every officer performing the functions of a Collector of a District shall fix, and may from time to time alter, the number of peons necessary to be employed for the service and execution of processes issued out of his Court or the Courts subordinate to him.
All fees shall be charged and collected under this Act at the rate in force on the date on which the document chargeable to court-fee is or was presented.
All fees referred to in section 3-or chargeable under this Act shall be collected by stamps.
The stamps used to denote any fees chargeable under this Act shall be impressed or adhesive or partly impressed or partly adhesive, as the State Government may, by notification in the Official Gazette from time to time, direct.
The State Government may, from time to time, make rules for regulating-
(a) the supply of stamps to be used under this Act,
(b) the number of stamps to be used for denoting any fee chargeable under this Act,
(c) the renewal of damaged or spoiled stamps, and
(d) the keeping accounts of all stamps used under this Act:
Provided that in the case of stamps used under section 3-in the High Court, such rules shall be made, with the concurrence of the Chief Justice of such Court. All such rules shall be published in the Official Gazette, and shall thereupon have the force of law.
No document which ought to bear a stamp under this Act shall be of any validity, unless and until it is properly stamped. But, if any such document is through mistake or inadvertence received, filed or used in any Court or office without being properly stamped, the presiding Judge or the head of the office, as the case may be, or, in the case of the High Court, any Judge of such Court, may, if he thinks fit, order that such document be stamped as he may direct; and, on such document being stamped accordingly, the same and every proceeding relative thereto shall be as valid as if it had been properly stamped in the first instance.
Where any such document 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 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.
(1) When any suit in a Court1[ or any proceeding instituted by presenting a petition to a Court under the Hindu Marriage Act, 1955-,] is settled by agreement of parties before any evidence is recorded, or any appeal or cross- objection is settled by agreement of parties before it is called on for effective hearing by the Court, half the amount of the fee paid by the plaintiff,2[petitioner], appellant, or respondent on the plaint,2[petition], appeal or cross-objection, as the case may be, shall be repaid to him by the Court; Provided that no such fee shall be repaid if the amount of fee paid does not exceed 3[twenty five rupees or the claim for repayment is not made within one year from the date on which the suit,2[proceeding], appeal or cross-objection was settled by agreement.
(2) The State Government may, from time to time, by order, provide for repayment to the plaintiffs,2[peti
Whenever the filing or exhibition in a Criminal Court of a document in respect of which the proper fee has not been paid is, in the opinion of the presiding Judge, necessary to prevent a failure of justice, nothing contained in section 5-shall be deemed to prohibit such filing or exhibition.
(1) The State Government may, from time to time, make rules for regulating the sale of stamps to be used under this Act, the persons by whom alone such sale is to be conducted, and the duties and remuneration of such persons.
(2) All such rules shall be published in the Official Gazette and shall thereupon have the force of law.
(3) Any person appointed to sell stamps who disobeys any rule made under this section, and any person not so appointed who sells or offers for sale any stamp, shall, on conviction, be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.
The State Government may, from time to time, by notification in the Official Gazette, reduce or remit, in the whole or in any part of the territories under its administration all or any of the fees mentioned in the First and Second Schedules to this Act annexed, and may in like manner cancel or vary such order.
Section 46 of the Bombay Court Fees Act, 1959, confers power upon the State Government to reduce or remit court fees payable in various suits and proceedings through notifications. This provision enables the government to promote access to justice, especially for certain vulnerable sections like women litigants, by providing exemptions or reductions in court fees. Over the years, this section has been utilized to issue notifications granting such exemptions, which have significant implications for the procedural and substantive aspects of litigation.
Section 46 authorizes the State Government to, by notification in the Official Gazette, reduce or remit in whole or in part any court fee payable under the Act in respect of any suit, application, petition, appeal, or other proceedings filed in Civil, Criminal, or Family Courts. The section empowers the Government to specify the scope and extent of remissions or exemptions via notifications, which can include categories like women litigants, certain suits, or specific proceedings.
The scope encompasses:- Broad discretion to the Government to grant exemptions/remissions- Application across civil, criminal, family, and other courts- Can target specific groups (e.g., women litigants, war veterans, etc.)- Can be limited to particular types of cases (e.g., property disputes, maintenance, violence)- Not restricted to pending cases; can be prospective or retrospective- The notifications can clarify the scope, e.g., restricting exemptions to matrimonial property disputes or cases arising out of certain circumstances
Section 46 itself does not prescribe any punishment for non-compliance. It is a legislative empowerment for the Government to issue notifications. However, failure to adhere to the exemptions or reductions granted by such notifications may lead to procedural consequences, such as rejection of pleadings for non-payment of court fees, or the court refusing to entertain the case until fees are paid, which can delay justice.
Power to Remit Fees - Section 46 provides the statutory basis for the Government to remit or reduce court fees via notifications, facilitating access to justice for marginalized groups. [Jainex Foods VS Maharashtra Rajya Sahakari Dudh Mahasangh Maryadit]
Scope of Notifications - Notifications issued under Section 46 can specify categories like women litigants, property disputes, or cases related to violence, broadening the scope of exemptions. [Vijay s/o Mohan Jagtap VS Sau. Sindhubai Mohanrao Jagtap]
Beneficial Legislation - The section is a beneficial provision aimed at promoting social justice, especially for women, by removing financial barriers in litigation. [Ramila Rajnikant Kilachand VS Harsh Rajnikant Kilachand & others]
Exemption for Women Litigants - Notifications under Section 46 have historically granted exemptions to women litigants in cases of maintenance, property disputes, violence, and divorce, recognizing their social vulnerabilities. [Vijay s/o Mohan Jagtap VS Sau. Sindhubai Mohanrao Jagtap]; [Jyoti S. Doshi VS Hindustan Hosiery Mills]
Scope Limited by Notifications - The scope of exemption is limited to the categories specified in the notifications; for example, claims arising out of tortuous liability or commercial transactions are generally excluded. [Babu Jaya Yedage VS Kasam Mohammed Patel]
Retrospective Operation - Notifications issued under Section 46 can have retrospective or prospective effect depending on their language; courts have interpreted such notifications to be applicable to pending cases if explicitly stated. [Vijay s/o Mohan Jagtap VS Sau. Sindhubai Mohanrao Jagtap]; [Jyoti S. Doshi VS Hindustan Hosiery Mills]
Judicial Interpretation - Courts have broadly interpreted the scope of exemptions, emphasizing the benevolent intent behind the notifications, especially in favor of women and weaker sections. [Jyoti S. Doshi VS Hindustan Hosiery Mills]; [Vijay s/o Mohan Jagtap VS Sau. Sindhubai Mohanrao Jagtap]
Limitations and Conditions - Notifications may include conditions such as production of caste certificates or proof of indigency, which courts scrutinize to prevent misuse of exemptions. [Chandrabhagabai pandurang Shevare VS Manoj Gangadhar Burkule]; [Sau. Asha Sopan Maithane VS Ramkrushna Punjaji Wanare]
Procedural Consequences - Non-compliance with the exemption notifications, such as failure to pay court fees where applicable, results in rejection of pleadings or suits for want of jurisdiction or improper valuation. [Shahaja Begum Mohammad Ali VS Mohammad Shaukat Mohammad Sharif]; [Sau. Asha Sopan Maithane VS Ramkrushna Punjaji Wanare]
No Punishment Prescribed - The Act does not specify penal provisions for failure to comply with exemption notifications; procedural sanctions like rejection are the primary consequences. [Shahaja Begum Mohammad Ali VS Mohammad Shaukat Mohammad Sharif]
Exemptions and Pending Cases - Courts have held that exemptions granted under notifications are applicable to pending cases if the cases fall within the scope of the notification, reinforcing the retrospective effect. [Jyoti S. Doshi VS Hindustan Hosiery Mills]; [Vijay s/o Mohan Jagtap VS Sau. Sindhubai Mohanrao Jagtap]
Exemption for Specific Cases - Certain notifications specify that exemptions are limited to cases filed in personal capacity or specific proceedings, excluding cases filed by companies or as representatives. [Ramila Rajnikant Kilachand VS Harsh Rajnikant Kilachand & others]; [Chandrabhagabai pandurang Shevare VS Manoj Gangadhar Burkule]
Judicial Review of Notifications - The constitutional validity of notifications issued under Section 46 has been upheld, provided they do not violate principles of equality or other constitutional provisions. [Central Provinces Syndicate (Private) Ltd. VS Commissioner of Income-tax, Nagpur]
Limitations on Scope - Courts have clarified that exemptions do not extend to claims outside the categories specified, such as tortuous liability claims or commercial disputes, unless explicitly included. [Babu Jaya Yedage VS Kasam Mohammed Patel]; [Vijay s/o Mohan Jagtap VS Sau. Sindhubai Mohanrao Jagtap]
Impact on Court Procedure - Exemptions under Section 46 influence procedural aspects like payment of court fees, valuation of suits, and admissibility of pleadings, thereby affecting the conduct of litigation. [Jainex Foods VS Maharashtra Rajya Sahakari Dudh Mahasangh Maryadit]; [Sau. Asha Sopan Maithane VS Ramkrushna Punjaji Wanare]
Legal Validity and Interpretation - The section and its notifications are subject to judicial scrutiny for proper interpretation, especially concerning the scope, retrospective operation, and constitutional validity. [Central Provinces Syndicate (Private) Ltd. VS Commissioner of Income-tax, Nagpur]; [Vijay s/o Mohan Jagtap VS Sau. Sindhubai Mohanrao Jagtap]
Legislative Intent - The legislative intent behind Section 46 is to promote access to justice and reduce financial barriers, which courts have consistently acknowledged in their rulings. [Vijay s/o Mohan Jagtap VS Sau. Sindhubai Mohanrao Jagtap]; [Jyoti S. Doshi VS Hindustan Hosiery Mills]
In summary, Section 46 of the Bombay Court Fees Act, 1959, is a vital legislative tool empowering the government to extend exemptions and remissions in court fees, especially benefiting women litigants and marginalized groups. Its scope is broad but confined to the categories specified in notifications, which are subject to judicial interpretation to uphold the benevolent purpose of the legislation. The absence of prescribed punishments underscores its procedural and administrative nature, with non-compliance leading primarily to rejection or procedural disallowance rather than penal sanctions.
Nothing in Chapters II and VI of this Act applies to the fees which any officer of the High Court is allowed to receive in addition to a fixed salary.
2[********]
Nothing in this Act shall be deemed to affect the stamp duties chargeable under any other law for the time being in force relating to stamp duties.
1 These words were substituted for the words “five hundred rupees” by Mah. 18 of 2002 (w.e.f. 1-10-2001).
2 Section 47A was deleted by Mah. 18 of 2002, (w.e.f. 1.10-2001).
(1) On the commencement of this Act, the laws specified in col. 3 of Schedule IV hereto annexed shall be repealed in the manner and to the extent specified in col. 4 thereof: Provided that such repeal shall not affect the previous operation of any of the laws so repealed and anything done or any action taken (including any appointment, notification, order, rule, form, application, reference, notice, report or certificate made or issued) under any such law shall in so far as it is not inconsistent with provisions of this Act, be deemed to have been done or taken under the corresponding provision of this Act and shall continue to be in force accordingly, unless and until superseded by anything done or any action taken under this Act: Provided further that all the fees shall be charged and collected under this Act at the rate in force on the date on which the document chargeable to court-fee is or was presented.
&
On the commencement of this Act, the laws specified in col. 3 of Schedule V thereto annexed shall be amended in the manner and to the extent specified in col. 4 thereof.
Notwithstanding anything contained in the Bombay Stamp Act, 1958, where court-fee is paid in a suit for partition in accordance with the provisions of clause (vii) of Section 6-of this Act, 2[the stamp duty] payable on a final order for effecting a partition passed by any Revenue Authority or any Civil Court under Article 46-in Schedule I to the Bombay Stamp Act, 1958, 3[shall be reduced by the amount of the court-fee paid in such suit]
All rules made by the State Government under this Act shall be laid before each House of the State Legislature as soon as may be after they are made and shall be subject to such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following.
1 This marginal note substituted for the marginal note “No stamp duty payable where court-fee paid in suit for partition”, by Mah 34 of 1994, s. 2(iii).
2 These words were substituted f the words “no stamp duty shall be” by Malt 34 of 1994, s. 2(Inserted by Mah 34 of 1994, s. 2(u).
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