Vidhi Codex

The Maharashtra Court-fees Act

The Maharashtra Court-fees Act

Civil195953 sections7 chapters

The Maharashtra Court Fees Act regulates the calculation and payment of fees required to file lawsuits, appeals, and official legal documents in the courts of Maharashtra. It applies to individuals, businesses, and attorneys initiating civil, commercial, or tenancy disputes within the state, excluding cases before central government officers. This law matters because it determines the financial cost of accessing civil justice. By establishing clear formulas to value different legal claims, such as property or money disputes, it ensures the court system is properly funded while preventing underpayment, thereby making the litigation process highly structured, transparent, and fair for all participants.

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Chapter I PRELIMINARY →

  1. 1Short title, extent, commencement and application.
  2. 2Definitions.

Chapter II FEES IN THE HIGH COURT AND IN THE COURT OF SMALL CAUSES AT BOMBAY →

  1. 3Levy of fees in High Court on its original side. Levy of fees in Bombay Small Causes Court.
  2. 4Procedure in case of difference as to necessity or amount of fee.

Chapter III COMPUTATION OF FEES →

  1. 5Fees on documents filed, etc., in Courts or in public offices.
  2. 6Computation of fees payable in certain suits-
  3. 7Fee on memorandum of appeal against order or award relating to compensation in certain cases.
  4. 8Inquiry as to valuation of suits.
  5. 9Investigation to ascertain proper valuation.
  6. 10Power of persons making inquiry under sections 8 and 9.
  7. 11Costs of inquiry as to valuation and refund of excess fee.
  8. 12Appointment of inspecting officers and recovery in cases reported by them.
  9. 13Taxing of court-fees and their recovery in suits for mesne profits or accounts.
  10. 14Decision of questions as to valuation.
  11. 15Refund of fee paid on memorandum of appeal.
  12. 16Refund of fee on application for review of judgement.
  13. 17Refund where Court reverses or modifies its former decision on ground of mistake.
  14. 17APeriod of limitation for refund of fees under section 15, 16 or 17.
  15. 18Multifarious suits.
  16. 19Written examinations of complainants.
  17. 20Exemption of certain documents.

Chapter IV PROBATES, LETTERS OF ADMINISTRATION AND CERTIFICATES OF ADMINISTRATION →

  1. 21Relief where too high a court-fee has been paid.
  2. 22Relief when debts due from a deceased person have been paid out of his estate.
  3. 23Relief in case of several grants.
  4. 24Probates declared valid as to trust property, though not covered by court-fee.
  5. 25Provision for case where too low a court-fee has been paid on probates, etc.
  6. 26Administrator to give proper security before letters stamped under section 25.
  7. 27Executors, etc. not paying full court-fee on probates, etc. within six months after discovery of under payment.
  8. 28Notice of applications for probate or letters of administration to be given to Revenue Authorities, and procedure thereon.
  9. 29Payment of court-fee in respect of probate and letters of administration.
  10. 30Recovery of penalties, etc.
  11. 31Sections 5 and 40 not to apply to probates or letters of administration.

Chapter V PROCESS FEES →

  1. 32Rules as to costs of processes. Confirmation and publication of rules.
  2. 33Tables of process fees.
  3. 34Number of peons in District and Subordinate Courts. Number of peons in Mofussil Small Cause Courts.
  4. 35Number of peons in Revenue Courts.

Chapter VI OF THE MODE OF LEVYING FEES →

  1. 36Rate of fee in force on date of presentation of document to be applicable.
  2. 37Collection of fees by stamps or e-payment.
  3. 38Stamps to be impressed or adhesive.
  4. 39Rules for supply, number, renewal and keeping accounts of stamps.
  5. 40Stamping documents inadvertently received.
  6. 41Amended document.
  7. 42Cancellation of stamps.

Chapter VII MISCELLANEOUS →

  1. 43Repayment of fee in certain circumstances.
  2. 44Admission in criminal cases of documents for which proper fee has not been paid.
  3. 45Sale of stamps.
  4. 46Power to reduce or remit fees.
  5. 47Saving of fees to certain officers of High Court.
  6. 48Saving as to stamp duties.
  7. 49Repeal and saving.
  8. 50Amendment of Suits Valuation Acts.
  9. 51Reduction of Court-fee from amount of stamp duty payable on final order of partition.
  10. 52Rules made by Government to be laid before State Legislature.

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