The Court-Fees Act, 1870
The Court-Fees Act, 1870
I. Introduction
The Court-Fees Act, 1870 is a colonial-era legislation enacted to regulate the payment of fees in civil courts in India.
Objective: To raise revenue for the government and discourage frivolous litigation by requiring parties to pay a nominal fee based on the nature and value of the suit.
Key Principle:
Every civil suit or application in court requires payment of court-fee, failing which the suit may be dismissed or returned.
II. Purpose of the Act
Revenue Generation
Court fees serve as a source of income for the state.
Deterrent Against Frivolous Suits
Ensures that only genuine disputes are brought before the court.
Standardization
Provides a uniform procedure for calculating fees based on nature and value of the claim.
Legal Framework for Collection
Enables courts to collect fees before adjudication of civil matters.
III. Key Provisions
Applicability
Applies to all civil courts in India, including High Courts and subordinate courts.
Fee Payment Requirement
Court-fee must be paid:
On the plaint for suits
On applications or petitions filed in court
Calculation of Court-Fee
Determined based on:
Value of the property in dispute
Nature of the suit (e.g., money claims, injunctions, property disputes)
Mode of Payment
Fees can be paid:
Through stamps affixed on the plaint
By direct payment to the treasury
Exemptions
Certain categories of persons or matters may be exempt from fees (e.g., government suits, charitable institutions).
Consequences of Non-Payment
Suit may be dismissed, returned, or stayed until proper fees are paid.
IV. Legal Principles
Mandatory Requirement: Payment of court-fee is a pre-condition for maintainability of civil suits.
State Revenue: Court-fee is a public law requirement; failure to pay affects revenue.
Exemptions and Relief: Courts may grant remission of fees in deserving cases.
Valuation Principle: Proper valuation of the subject matter is essential for determining fee.
V. Case Laws
Union of India vs. Delhi Cloth & General Mills (1963)
Court held that suits filed without payment of proper court-fee are incompetent and liable to be rejected.
K.K. Verma vs. State of UP (1981)
Reinforced that exemption provisions must be strictly construed, and ordinary parties cannot claim unwarranted relief.
State of Maharashtra vs. Ramchandra (1975)
Court emphasized that incorrect valuation of claim leading to insufficient court-fee renders the plaint non-admissible.
VI. Practical Importance
Revenue for State: Court-fees are a significant source of income for governments.
Discouraging Frivolous Litigation: By attaching monetary consequence to filing, it reduces unnecessary cases.
Legal Clarity: Provides uniform rules for payment and exemptions across civil courts.
Judicial Efficiency: Helps courts filter cases and maintain records of fee payments.
VII. Conclusion
The Court-Fees Act, 1870 is a foundational legislation regulating civil court fees in India.
Courts have consistently held that payment of proper court-fee is mandatory for maintainability of suits.
It balances state revenue interests, public access to justice, and deterrence against frivolous litigation, making it crucial for civil procedure in India.
⚖️ Exam Tip:
Define the Act and its historical context.
Explain purpose: revenue, deterrence, standardization.
Mention key provisions: payment, calculation, exemptions, consequences.
Cite 2–3 relevant case laws.
Conclude: The Act ensures mandatory court-fee payment, protects state revenue, and discourages frivolous suits.
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