Court-Fees Act, 1977 (1920 A.D.)

No: 7 Dated: Mar, 16 1977

THE COURT FEES ACT, 1977 (1920 A. D.) (Act No. VII of Samvat 1977)

CHAPTER I

Preliminary

1. Short title and extent. - (i) This Act may be called the Court-Fees Act No. VII of Samvat 1977.

(ii) It extends to the whole of the State of Jammu and Kashmir.

2. Chief Controlling Revenue Authority. - The Revenue Minister or a Minister for the time being in charge of the Revenue Administration of the State shall be the Chief Controlling Revenue Authority for the purpose of administration of court-fees laws.

3. Collector. - In this Act unless there is anything repugnant in the subject or context "Collector" shall mean the Deputy Commissioner of a District

CHAPTER II

Fees in the High Court

4. Fees on documents filed in High Court. - No document of any of the kinds specified in the First or Second Schedules to the Court-Fees Act No. VII of 1977 annexed, as chargeable with fees shall be filed, exhibited or recorded in, or shall be received or furnished by the High Court in any case coming before it, in the exercise of its extraordinary original civil jurisdiction;

or

in the exercise of its extraordinary original criminal jurisdiction:

or

in the exercise of its ordinary original civil jurisdiction:

or

in the exercise of its jurisdiction as regards appeal from the judgments passed under ordinary original civil jurisdiction of the High Court;

or

in the exercise of its powers as a court of appeal from courts subject to its superintendence;

or

in the exercise of its jurisdiction as a court of reference or revision;

unless in respect of such document there be paid a fee of an amount not less than that indicated by either of the said Schedules as the proper fee for such document.

5. Procedure in case of difference as to necessity or amount of court-fee. - It shall be the duty of the Registrar of the High Court to see that proper fee is paid under this Chapter. If any difference arises between the said officer and any suitor or counsel as to the necessity of paying a fee or the amount thereof, the question shall be referred to the said Registrar and his decision shall be final. When, however, the question is, is in the opinion of the Registrar, one of general importance, he shall refer it for the final decision of the Chief Justice, or such Judge of the High Court as the Chief justice shall appoint either generally or specially in this behalf.