Court-fees (Delhi Amendment) Act, 1967
No: 28 Dated: Dec, 16 1967
THE COURT-FEES (DELHI AMENDMENT) ACT, 1967
ACT NO. 28 OF 1967
An Act further to amend the Court-fees Act, 1870, as in force in the Union territory of Delhi.
BE it enacted by Parliament in the Eighteenth Year of the Republic of India as follows:—
1. Short title and extent.—(1) This Act may be called the Court-fees (Delhi Amendment) Act, 1967.
(2) It extends to the whole of the Union territory of Delhi.
2. Amendment of Section 4.—In the Court-fees Act, 1870 (7 of 1870), as in force in the Union territory of Delhi (hereinafter referred to as the principal Act), in section 4,—
(a) in the marginal heading to the first paragraph, for the words “in High Courts in their extraordinary jurisdiction”, the words “in the High Court of Delhi in its ordinary or extraordinary jurisdiction” shall be substituted;
(b) in the first paragraph, for the words “any of the said High Courts in any case coming before such Court in the exercise of its extraordinary original civil jurisdiction”, the words “the High Court of Delhi in any case coming before that Court in the exercise of its ordinary or extraordinary original civil jurisdiction” shall be substituted;
(c) in the third paragraph, for the words “other than”, the word “including” shall be substituted; (d) after the fifth paragraph “or in the exercise of its jurisdiction as a Court of reference or revision;”, the following paragraphs shall be inserted, namely:—
in the exercise of jurisdiction to issue writs, etc.—“or in the exercise of its jurisdiction to issue directions, orders or writs under the Constitution of India;
in the exercise of any other-jurisdiction.—or in the exercise of its jurisdiction in any other matter;”.
3. Amendment of Schedule II.—In Schedule II to the principal Act, in clause (d) of article 1, after sub-clause (ii), the following sub-clause shall be inserted, namely:—
“(ii-A) under article 226 of the Constitution of India other than petitions for habeas corpus and petitions arising out of criminal proceedings.
4. Levy of fees in certain suits, etc., instituted before commencement of this Act.—(1) Notwithstanding anything contained in the principal Act or in the principal Act as amended by this Act, fees shall be levied in suits or other proceedings instituted on or after the 31st day of October, 1966, and pending immediately before the 7th October, 1967, in the High Court of Delhi by virtue, and in the exercise, of its ordinary original civil jurisdiction as if the principal Act, as amended by this Act, had been in force on the respective dates on which such suits or proceedings were instituted.
(2) Any fees levied in respect of suits or other proceedings instituted before the High Court of Delhi by virtue, and in the exercise, of its ordinary original civil jurisdiction, on or after the 31st day of October, 1966, and disposed of before the 7th October, 1967, shall be deemed to have been levied in accordance with law.
5. Repeal and saving.—(1) The Court-fees (Delhi Amendment) Ordinance, 1967 (7 of 1967), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the corresponding provision of the principal Act as amended by this Act as if this Act had commenced on the 7th October, 1967.