Section 23 of the Court Fees Act specifically addresses the administrative requirements for the appointment and maintenance of peons within Revenue Courts. This ensures that these specialized courts have the necessary support staff to facilitate the service of processes and other administrative duties.
5112
Under the Court Fees Act, which entity is primarily responsible for the ascertainment of the court fee payable in a legal proceeding?
According to the Court Fees Act, the court is empowered to examine the plaint or document to ensure that the appropriate fee has been paid. It is the duty of the court to determine if the valuation provided by the plaintiff is correct and if the requisite fee has been affixed, as the court has the authority to reject a plaint if it is insufficiently stamped.
5113
How many sections are contained within the Court Fees Act of 1870?
The Court Fees Act, 1870, is a significant piece of colonial-era legislation governing the fees payable in courts and public offices. It is structured into several chapters and contains exactly 36 sections, which outline the schedules and rules for fee collection in judicial proceedings.
5114
What action must the court take if a plaintiff fails to pay the required additional court fee within the specified time frame?
When a court grants time to a plaintiff to make up for an insufficient court fee and the plaintiff fails to comply, the court is mandated to dismiss the suit. This procedural requirement ensures that litigation costs are properly covered and prevents the abuse of the court's time. The dismissal serves as a consequence for non-compliance with statutory requirements regarding the payment of court fees during the institution of a suit.
5115
Which section of the Court Fees Act, 1870, provides the rules for the supply, numbering, renewal, and accounting of stamps?
Section 27 of the Court Fees Act, 1870, specifically empowers the appropriate government to make rules regarding the supply, number, renewal, and keeping of accounts for stamps used in judicial proceedings. This ensures transparency and proper revenue collection for the state through the judicial system.
5116
Which section of the Court Fees Act, 1870, specifies documents that are exempt from the payment of court fees?
Section 19 of the Court Fees Act, 1870, provides a list of documents that are exempt from the payment of court fees. This section serves to ensure that certain legal processes, particularly those involving specific administrative or judicial filings, are not burdened by financial requirements, thereby facilitating access to justice for specific categories of documents or proceedings as defined by the legislature.
5117
How are court fees calculated for suits involving monetary compensation, such as damages or arrears, under Section 7(i) of the Court Fees Act, 1870?
Under Section 7(i) of the Court Fees Act, 1870, in suits for money, including suits for damages, arrears of maintenance, or other periodic payments, the amount of the fee payable is determined based on the total amount claimed in the plaint. This ad-valorem approach ensures that the cost of litigation is directly proportional to the financial benefit sought by the plaintiff in the lawsuit.
5118
Under Section 9 of the Court Fees Act, for what purpose is the court empowered to appoint a local commission?
Section 9 of the Court Fees Act specifically grants the court the authority to issue a commission to ascertain the net profits or the market value of land, gardens, or houses. This is essential for determining the correct court fee payable in suits where the subject matter involves property valuation, ensuring the revenue due to the state is accurately calculated.
5119
How many schedules are contained within the Court Fees Act of 1870?
The Court Fees Act, 1870, contains three schedules. Schedule I deals with ad valorem fees, Schedule II deals with fixed fees, and Schedule III relates to the form of valuation. Since the number three is not listed in the options, 'None of the above' is the correct choice.
5120
In which chapter of the Court Fees Act is the mode of levying court fees prescribed?
Chapter V of the Court Fees Act provides the detailed procedures and modes for the collection and levying of court fees. This chapter outlines how fees are to be paid, the stamps to be used, and the administrative requirements for ensuring that the appropriate fees are collected for various legal documents and processes filed within the court system.