court fee exemption
mahendrakumar
(Querist) 05 December 2009
This query is : Resolved
usually whenever we file cases at courts involving money transactions certain percentgage like 10% of amount to be deposited as court fees before filing the case. now kindly answer following:-
1) what happens to this court fee deposited?
a) will it be returned to the party after the final judgement Iif the judgement is favourable to the party who filed the case)
b) if the judgement is against,what happens to the amount deposited.
2. are there any situation wherein parties are exempted from court fees?
3. If so what are those situations?
prakash vathore
(Expert) 05 December 2009
1) court fees goes to the government.
a)no it cant be return to the party if the judgement is passed, if u withdraw the case then u r entitled for refund of court fees that too after the deduction of certain percentage,
b)it goes to govt.
2)in money suit no.
3)no.
joyce
(Expert) 05 December 2009
Court fees some times can be received by way of cost award the party, only if the court orders as to the payment of cost after the disposal of case. If party applies as indigent person to plead his case then court fees will be exempted. Also legal aid cases court fees are exempted to the person filing the suit where as the government will take a burden to pay the courf fees as well as process fees.
G V S Jagannadha Rao
(Expert) 05 December 2009
1. Court fees is paid by the parties to defray part of the expenses of the Judicial system. The court fee paid is a negligible miniscule when compared to the funds released by the Government. The percentage is not 10 % anywhere in India.It is much less than that.
a. If the court comes to a conclusion that the Plaintiff was unnecessarily dragged to the court by the defendant, the defendant will be directed to pay costs, which includes court fee paid by the plaintiff at the time of filing the suit.
b. The fees is not a deposit, therefore the question does not arise.
2. Indident parties are exempted from court fee.
3. The parties make an application under Order XXXIII Rule 1 to permit them to sue as indigent person commonly known as pauper and if the Court is convinced that he has no means to pay the court fee, he will be permitted to sue as an indigent person.
Raj Kumar Makkad
(Expert) 05 December 2009
I fully agree with the opinion of Rao Sir.
mahendrakumar
(Querist) 06 December 2009
thanks to all for replies,especially to jagannadha rao sir for detailed reply.
i would like to know something more.
what is the rate of court fee? i.e is there any fixed rate?is it uniform for all highcourts?
whether students are exempted from this as,generally they do not have an income of their own?
