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Object of Court Fee Are There Any Document Exempted From Court Fee

The Court Fees Act of 1870 aims to levy fees for court services, ensuring revenue collection and curtailing unnecessary litigation. It outlines specific documents that are exempt from court fees, including written statements, letters of administration, and applications related to land and compensation. The Act serves as a fiscal enactment to regulate the financial aspects of court proceedings and includes provisions for both federal enactment and amendments.

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62-Vanshika Moong
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115 views4 pages

Object of Court Fee Are There Any Document Exempted From Court Fee

The Court Fees Act of 1870 aims to levy fees for court services, ensuring revenue collection and curtailing unnecessary litigation. It outlines specific documents that are exempt from court fees, including written statements, letters of administration, and applications related to land and compensation. The Act serves as a fiscal enactment to regulate the financial aspects of court proceedings and includes provisions for both federal enactment and amendments.

Uploaded by

62-Vanshika Moong
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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COURT FEES ACT 1870

OBJECT OF COURT FEES ACT


ANSWER OUTLINE

Ali Husnain Shah


Ali Husnain Shah
PAKISTAN COLLEGE OF LAW

Q.1 OBJECT OF court FEES ACT, ARE THERE ANY DOCUMENTS


EXEMPTED FROM COURT FEES.?

1. INTRODUCTION:
Now’s a day every state relies on certain fiscal enactment to ensure the
collection of revenue. The main purpose of court fee Act is to levy fesses
for the services to be rendered by the court. The Act not only prescribed
fee but also provide how they are to be ascertained. Section 19 of court
fees Act prescribe a list of documents which are expressly exempted from
court fee.

2. RELEVANT SECTON:
Section 19 of court fees act 1870:

3. NATURE OF COURT FEES ACT:


Mst. Walayat khatoon case:
PLD 1979 SC 821
“Court Fees Act is a fiscal enactment entitled only to secure revenue, it is
a form of taxation.

4. REASON BEHAIND COURT FEES ACT:


Gazette of India 1869 Part V page 57
“The court fee Act is only for proceedings in the court”

5. OBJECT OF COURT FEES ACT:


Following are the objects of court fees Act.

I. COLLECTION IF REVENUE:
II. COLLECTION PRIOR TO LITIGATION
III. TO CURTAIL UNNECESSARY LITIGATION:
IV. TO TEST THE BONAFIDE INTENTION:
V. LAY DOWN RULES FOR COLLECTION:
VI. TO DETERMINATION COURT FEE:
VII. TO CHECK FRIVVOLOUS LITIGATION:
VIII. COST AND BENEFITS OF PARTIES:
IX. TO LAY DOWN EXEMPTION:
6. SCOPE OF COURT FEES ACT:
I. FEDERAL ENACTMENT:
II. AMENDMENT IN COURT FEE ACT:

1
Ali Husnain Shah
PAKISTAN COLLEGE OF LAW

III. SUBSTANTIAL AS WILL AS PROCEDURAL:

7. COURT FEES ACT AS UN ISLAMIC LAW:


Mahmood Ur Rahman vs ministry of law
PLD 1992 SC 1951
“Court fees is violation of injunction of Islam as laid down in the Holy
Quran and Sunnah”

8. DOCUMENT EXEMPTED FROM COURT FEE ACT:


I. WRITTEN STATEMENT:
II. LETTER OF ADMINISTATION:
III. PETTION IN MATTER CONNECTED WITH LAND:
IV. APPLICATION FOR SERVICE OF NOTICE:
V. APPLICATION FOR LEAVE TO EXTENT CULTIVATION:
VI. WRITTEN AUTHORITY:
VII. BAIL BONDS IN CRIMINAL CASES:
VIII. PETTION OF APPEAL:
IX. COMPLAINT OF A PUBLIC SERVANT:
X. APPLICATION FOR COMPENSATION UNDER ANY LAW:
XI. PETITION UNDER CRISTION MARREGE ACT:
XII. APPLICATION FOR RECEIVE MONEY:
XIII. POWER OF ATTORNY:

9. MEANING OF DOCUMENT:
i. According to black’s law:
ii. “An instrument on which is recorded by means of letter, figures or
marks, the original, official or legal form of something which may
be evidentially used”
iii. Case law meaning:
PLJ 2005 Lah. 1485
Documents means any matter expressed or described upon in
substance by means of letter, figures or marks on by more than one
of these means intended to be used or which may be used for
purpose of recording the matter

10. WRITTEN STATEMENT:


Note: A wakalatnama is also a kind of power of attorney.

2
Ali Husnain Shah
PAKISTAN COLLEGE OF LAW

11. POWER OF ATTORNY:


12. LETTER OF ADMINISTATION:
13. PETTION IN MATTER CONNECTED WITH LAND:
14. APPLICATION FOR SERVICE OF NOTICE:
15. APPLICATION FOR LEAVE TO EXTENT CULTIVATION:
16. BAIL BONDS IN CRIMINAL CASES:
17. PETTION OF APPEAL:
18. COMPLAINT OF A PUBLIC SERVANT:
19. APPLICATION FOR COMPENSATION UNDER ANY LAW:
20. PETITION UNDER CRISTION MARREGE ACT:
21. APPLICATION FOR RECEIVE MONEY:
22. Application for permission to cut timber:
23. CONCLUSION:

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