Fees on documents filed, etc., in Courts or in public offices

MAHARASHTRA COURT-FEES ACT, 1959

Section 5 - Fees on documents filed, etc., in Courts or in public offices

(1) No document of any of the kinds specified as chargeable in the first or second Schedule to this Act annexed shall be filed, exhibited or recorded, in any Court of Justice, or shall be received or furnished by any public officer, unless in respect of such document there has been paid a fee of an amount not less than that indicated by either of the said Schedules as the proper fee for such document. (2) When any difference arises between the officer whose duty it is to see that any fee is paid under this Act and any suitor or his pleader, as to the necessity of paying a fee or the amount thereof, the question shall, when the question arises in the High Court, be referred to the taxing officer whose decision thereon shall be final, subject to revision, on an application, made within 1[thirty days] from the date of the decision, by the suitor or his pleader or such officer as may be appointed in this behalf by the State Government, by the Chief Justice or by such Judge of the High Court as the Chief Justice shall appoint either generally or specially in this behalf. (3) When any such difference arises in the City Civil Court, Bombay, the question shall be referred to the Registrar of the City Civil Court whose decision shall be final, subject to revision, on an application, made within 1[thirty days] from the date of the decision, by the party concerned or such officer as may be appointed in this behalf by the State Government, by the Principal Judge or such other Judge of the said Court as the Principal Judge shall appoint either generally or specially in this behalf. ----------------------------------------------------------------------------------------------------- 1 These words were substituted for the words “ sixty days ” by Mah. 28 of 1970, s. 2. ------------------------------------------------------------------------------------------------------ (4) When such difference arises in any other Court, the question shall be referred to the final decision of the Judge presiding over such Court