Under which entry and List of Seventh Schedule of the Constitution the subject of Court Fee Act is covered?
Parveen Kr. Aggarwal (Advocate) 06 January 2010
Under which entry and List of Seventh Schedule of the Constitution the subject of Court Fee Act is covered?
J.D.Sharma (lawyer) 07 January 2010
The subject of ‘Court fee payable in any Court except the Supreme Court’ falls under Entry 3 of List II (State List) of Schedule Seventh to the Constitution of India. Court fee payable in the Supreme Court falls under Entry 77 of List I (Union List). As the Court fees payable in any Court except the Supreme Court falls under the ‘State List’, ten States have already repealed the Court Fees Act, 1870 in application to their respective states and have enacted their own Court fees legislation. Most of the other States have also amended the Court Fees Act, 1870 as applicable in these States. Union Territory of Pondicherry has also enacted a separate Court Fees Act. Parliament can make law only for Union Territories and the Supreme Court on the subject of Court fee. The Supreme Court has made Rules in this behalf.
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