The Court-Fees Act, 1870

This Act may be called the Court-fees Act, 1870. Extent of Act. -- It extends to the whole of India except 1[the territories which, immediately beforethe 1st November, 1956, were comprised in Part B States]; Commencement of Act. -- And it shall come into force on the first day of April, 1870.

1[1A. Definition of "appropriate Government"."In this Act the appropriate Governmentmeans, in relation to fees or stamps relating to documents presented or to be presented before anyofficer serving under the Central Government, that Government, and in relation to any other feesor stamps, the State Government.]

1 ["Chief Controlling Revenue-authority" defined.] Rep. by the A. O. 1937. STATE AMENDMENT Orissa Amendment of section 2 of Act (7 of 1870).--For section 2 of the Court Fees Act, 1870, hereinaftercalled the principal Act, the following section shall be substituted:-- "2. Definition.--In this Act, unless there is anything repugnant in the subject or context,-- (1) 'appeal' includes a cross objection; (2) 'suit' includes an appeal from a decree except in section 8-A." [Vide Orissa Act 5 of 1939, s. 3]

The fees payable for the time being to theclerks and officers (other than the Sheriffs and attorneys) of 1[the 2[High Courts other than those ofKerala, Mysore and Rajasthan]], or chargeable in each of such Courts under No. 11 of the first, and Nos. 7, 12, 14,3***20 and 21 of the second, schedule to this Act annexed; Levy of fees in Presidency Small Cause Courts.and the fees for the time being chargeable in theCourts of Small Causes at the 4presidency-towns, and their several offices; shall be collected in manner hereinafter appearing.

Nodocument of any of the kinds specified in the first or second schedule to this Act annexed, as chargeablewith fees, shall be filed, exhibited or recorded in, or shall be received or furnished by, any of the saidHigh Courts in any case coming before such Court in the exercise of its extraordinary original civiljurisdiction; or in the exercise of its extraordinary original criminal jurisdiction; In their appellate jurisdiction.or in the exercise of its jurisdiction as regards appeals from the1[judgments (other than judgments passed in the exercise of the ordinary original civil jurisdiction of theCourt) of one] or more Judges of the said Court, or of a Division Court; or in the exercise of its jurisdiction as regards appeals from the Courts subject to its superintendence; As Courts of reference and revision.or in the exercise of its jurisdiction as a Court of reference orrevision; unless in respect of such document there be paid a fee of an amount not less than that indicated byeither of the said schedules as the proper fee for such document.