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The Gujarat Court-Fees Act, 2004

The Gujarat Court-Fees Act, 2004

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Sections

1. Short title, extent, commencement and application.

Section 1

2. Definitions In this Act, unless the context otherwise require.

Section 2

3. Levy of fees in High Court on its original side.

Section 3

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

Section 4

5. Procedure in case of difference as to necessity or amount of fee.

Section 5

6. Computation of fees payable in certain suits.

Section 6

7. Fee on memorandum of appeal against order or award relating to compensation in certain cases.

Section 7

8. Inquiry as to valuation of suits.

Section 8

9. Investigation to ascertain proper valuation.

Section 9

10. Power of persons making inquiry under sections 8 and 9.

Section 10

11. Costs of inquiry as to valuation and refund of excess fee.

Section 11

12. Appointment of inspecting officers and recovery in cases reported by them.

Section 12

13. Taxing of cour.

Section 13

14. Decision of questions as to valuation.

Section 14

15. Refund of fee paid on memorandum of appeal.

Section 15

16. Refund of fee on application or review of judgements.

Section 16

17. Refund where Court reverses or modifies its former decision on ground of mistake.

Section 17

18. Multifarious suits.

Section 18

19. Written examinations of complainants.

Section 19

20. Exemption of certain documents.

Section 20

21. Relief where a too high a court fee has been paid.

Section 21

22. Relief when debts due from a deceased person have been paid out of his estate.

Section 22

23. Relief in case of several grants.

Section 23

24. Probates declared valid as to trust property, though not covered by court-fee.

Section 24

25. Provision for case where too low a court-fee has been paid on probates, etc.

Section 25

26. Administrator to give proper security before letters stamped under section 25.

Section 25

27. Executor, etc. not paying full court-fee on probates, etc. within six months after discovery of under payment.

Section 27

28. Notice of applications for probate or letters of administration to be given Revenue authorities, and procedure thereon.

Section 28

29. Payment of court-fee in respect in probate on letters of administration.

Section 29

30. Recovery of penalties, etc.

Section 30

31. Sections 4 and 40 not to apply to probates or letters of administration.

Section 31

32. Rules as to costs of processes.

Section 32

33. Tables of process-fees.

Section 33

34. Number of peons in District and subordinate Courts.

Section 34

35. Number of peons in Revenue Courts.

Section 35

36. Rate of fee in force on date of presentation of document to be applicable.

Section 36

37. Collection of fees by stamps.

Section 37

38. Stamps to be impressed or adhesive.

Section 38

39. Powers of State Government to make rules.

Section 39

40. Stamping documents inadvertently received.

Section 40

41. Amended documents.

Section 41

42. Cancellation of Stamp.

Section 42

43. Repayment of fee in certain circumstances.

Section 43

44. Admission in criminal cases of documents for which proper fee has not been paid.

Section 44

45. Sale of stamps.

Section 45

46. Power to produce or remit fees.

Section 46

47. Saving of fees to certain officers of High Court.

Section 47

48. Saving as to stamp duties.

Section 48

49. Repeal and Saving

Section 49

50. Amendment of Suits Valuation Act, 1887

Section 50

51. Rules made by Government to be laid before State Legislature.

Section 51

1. Plaint or memorandum of appeal (not otherwise provided for in this Act) or, of cross objection presented to any Civil or Revenue Court.

Section 1

2. Plaint in a suit for possession under Section 6 of the Specific Relief Act, 1963, (47 of 1963).

Section 6

3. Plaint, application or petition (including memorandum of appeal), to set aside or modify any award otherwise than under the Arbitration and Conciliation Act, 1996 (20 of 1996).

Section 3

4. Plaint, application or petition (including memorandum of appeal) which is capable of being treated as a suit, to set aside a decree or order having the force of a decree.

Section 4

5. Plaint in a suit, application or petition (including memorandum of appeal), to set aside alienation to which the plaintiff, applicant or appellant, as the case may be , was a party, either directly or through a legal guardian other than de facto or ad hoc guardian, manager or partner or court.

Section 5

6. Plaint in a suit (including memorandum of appeal) for possession between the guardian and ward, trustee, and beneficiary, principal and agent, wife and husband, executor or administrator and beneficiary, receiver and owner of property and between persons having fiduciary relationship.

Section 6

7. Any other plaint, application or petition (including memorandum of appeal), to obtain substantive relief capable of being valued in terms of monetary gain or prevention of monetary loss, including cases where in application or petition is either treated as a plaint or is described as the mode of obtaining the relief as aforesaid.

Section 7

8. Application for review of judgement if presented on or after the ninetieth day from the date of the decree.

Section 8

9. Application for review of judgement if presented before the ninetieth day from the date of the decree.

Section 9

10. Probate of a will or letters of administration with or without will annexed.

Section 10
Part X

11. Certificate Under Part X of the Indian Succession Act, 1925. (XXX IX of 1925.)

Section 11

12. Certificate under Bombay Regulation VIII of 1827 or under any corresponding law in force.

Section 12

13. Plaint presented with an originating summons under the Rules of the High Court.

Section 13

14. Application to the Court under section 543 of the Companies Act, 1956. (I of 1956.)

Section 543

15. Application to the Collector for a reference to the Court under section 18 of the Land Acquisition Act, 1894, (I of 1894).

Section 18

16. Application or petition made by any assessee to the High Court under section 256 of the Indian Income Tax Act, 1961. (43 of 1961.)

Section 256

17. Application or petition made by any person (other than the Collector or the Commissioner) to the High Court under any provision of the Sales Tax law for the time being in force in any part of the State of Gujarat.

Section 17

1. Application or petition.

Section 1

2. Revision application when presented to the High Court under section 115 of the Code of Civil Procedure, 1908 (V of 1908).

Section 115

3. Application to any Civil Court that records may be called for from another court.

Section 3

4. First Application (other than a petition containing a criminal charge or information) for the summons of a witness or other person to attend either to give evidence or to produce a document, or in respect of the production or filing of an exhibit not being an affidavit for the immediate purpose of being produced in Court.

Section 4

5. Application for leave to sue as a pauper.

Section 5

6. Application for leave to appeal as a pauper.

Section 6

7. Plaint or memorandum of appeal in a suit to obtain possession under the Mamlatdar's Courts Act, 1906.

Section 7

8. Plaint or memorandum of appeal in a suit to establish or disprove a right of occupancy.

Section 8

9. Bail-bond or other instrument of obligation given in pursuance of an order made by a Court or Magistrate under any section of the Code of Criminal Procedure, 1973, (2 of 1974) other than section 109 or 110 thereof under the Code of Civil Procedure, 1908, (V of 1908) and not otherswise provided for by this Act.

Section 109

10. Bail-bonds in criminal cases, recognizance to prosecute and recognizances for personal appearance or otherwise.

Section 10

11. Undertaking under section 49 of the Indian Divorce Act, 1869. (IV of 1869.)

Section 49

12. Mukhtarnama or Wakalatnama.

Section 12

13. Memorandum of appeal when the appeal is not from a decree or an order having the force of a decree, and is presented

Section 13

14. Caveat -

Section 14

16. Memorandum of appeal presented to-

Section 16

17. Petition in a suit under the Converts' Marriage Dissolution Act, 1866.

Section 17

18. Application-

Section 18

19. Agreement in writing stating a question for the opinion for the Court under the Code of Civil Procedure, 1908 (V of 1908.)

Section 19

20. Every petition under the Indian Divorce Act, 1869, (IV of 1869), except petitions under section 44 of that Act and every memorandum of appeal under section 55 of that Act.

Section 44

21. Plaint, application, petition, or memorandum of appeal under the Parsi Marriage and Divorce Act, 1936, (III of 1936.), the special Marriage Act, 1954 ( XLIII of 1954.) or the Hindu Marriage Act, 1955 : (XXV of 1955.)

Section 21

22. Petition under the Indian Christian Marriage Act, 1872, sections 45 and 48.

Section 22

23. Plaint, petition or application (including memorandum of appeal) which is capable of being treated as a suit-

Section 23

24. Copy or translation of a judgement or order not being, or having the force, of a decree.

Section 24

25. Copy of a decree or order having the force of a decree.

Section 25

26. Copy of any document (including power of attorney) liable to stamp-duty under the Bombay Stamp Act, 1958, (Bombay LX of 1958).or the Indian Stamp Act, 1899 (II of 1899) or any corresponding law in force, as the case may be, when left by any party to a suit or proceeding in place of the original withdrawn-

Section 26

27. Copy of any revenue of Judicial proceeding or order not otherwise provided for by this Act, or copy of any account, statement, report or the like, taken out of any Civil or Criminal or Revenue Court or office, or from the office of any Chief Officer charged with the executive administration of a division.

Section 27

28. Application made under the Bombay Money-Lenders Act, 1946, (Bombay XXXI of 1947.) or under any corresponding law in force.

Section 28

29. Application presented to any Registration Officer for search of registration records.

Section 29

30. Appeal or application to the Registrar under section 72 or 73, as the case may be, of the Indian Registration Act, 1908 (XVI of 1908.)

Section 72

31. Application for licence under sub clause (i) of clause (w) of sub-section (1) of section 33 of the Bombay Police Act, 1951, (Bom XXII of 1951.) or any corresponding law in force.

Section 33
Chapter IV

32. Application or appeal to the Regional or State Transport Authority or the State Govt, under Chapter IV of the Motor Vehicles Act, 1988. (59 of 1988)

Section 32

33. Election petition questioning the election of a person in respect of the office-

Section 33

34. Application or petition to the Court under sections 391,439 or 522 of the Comp. Act, 1956 (I of 1956)

Section 34

35. Application-

Section 35

36. Appeal or application to the Co-operative Tribunal.

Section 36

37. Application made by a party to the Magistrate under section 145 of the Code of Criminal Procedure, 1973. (2 of 1974)

Section 145

38. Application - for enrolment as under the Advocate Act, 1961.

Section 38

39. Application for adjournment presented to the court in any proceedings.

Section 39