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The Court-fees Act, 1870

Act No. VII of 1870
Date of Assent: 11th March, 1870
Status: Active

Chapter I - Preliminary

Section 1 - Short Title, Extent and Commencement

This Act may be called the Court-fees Act, 1870. It extends to the whole of Bangladesh and shall come into force on the first day of April, 1870.

Section 2 - Definitions

In this Act, unless there is anything repugnant in the subject or context:

(1) "Appeal" includes a cross-objection

(3) "Collector" includes any officer not below the rank of Sub-Deputy Collector appointed by the Collector to perform the functions of a Collector under this Act

(4) "Suit" includes an appeal from a decree except in section 8A

Chapter II - Fees Payable in Courts and in Public Offices

Section 3 - Levy of Fees in the High Court Division

The fees payable for the time being to the clerks and officers (other than the sheriffs and attorneys) of the High Court Division; or chargeable under No. 11 of the first, and Nos. 7, 12, 14, 20 and 21 of the Second Schedule to this Act annexed; shall be collected in manner hereinafter appearing.

Section 4 - Fees on Documents Filed in the High Court Division

No document of any of the kinds specified in the first or Second Schedule to this Act annexed, as chargeable with fees, shall be filed, exhibited or recorded in, or shall be received or furnished by, the High Court Division in any case coming before such Court in the exercise of its extraordinary original civil jurisdiction; or in the exercise of its extraordinary original criminal jurisdiction; unless in respect of such document there be paid a fee of an amount not less than that indicated by either of the said Schedules as the proper fee for such document.

Section 6 - Fees on Documents Filed in Mufassil Courts or in Public Offices

(1) Except in the Courts hereinbefore mentioned 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 indicated by either of the said Schedules as the proper fee for such document.

(2) Notwithstanding anything contained in sub-section (1) or in any other Act, a Court may receive a plaint or memorandum of appeal in respect of which an insufficient fee has been paid, subject to the condition that the plaint or memorandum of appeal shall be rejected unless the plaintiff or appellant pays to the Court within a time to be fixed by the Court such reasonable sum on account of court-fees as the Court may direct.

Chapter III - Computation of Fees

Section 7 - Computation of Fees Payable in Certain Suits

The amount of fee payable under this Act in the suits next hereinafter mentioned shall be computed as follows:

(i) For money: In suits for money (including suits for damages or compensation, or arrears of maintenance, of annuities, or of other sums payable periodically) - according to the amount claimed

(ii) For maintenance and annuities: In suits for maintenance and annuities or other sums payable periodically - according to the value of the subject-matter of the suit, and such value shall be deemed to be ten times the amount claimed to be payable for one year. Provided that, in suits by widows for maintenance such value shall be deemed to be the amount claimed to be payable for one year.

(iii) For moveable property having a market-value: In suits for moveable property other than money, where the subject-matter has a market-value - according to such value at the date of presenting the plaint

(v) For possession of land, buildings or gardens: In suits for the possession of land, buildings or gardens according to the value of the subject-matter, and such value shall be deemed to be fifteen times the net profit which have arisen from the land, building or garden during the years next before the date of presenting the plaint, or according to the market-value of the land, building or garden, whichever is greater

(vi) To enforce a right of pre-emption: In suit to enforce a right of pre-emption - according to the market-value of the land, building or garden in respect of which the right is claimed

Section 8 - Fee on Memorandum of Appeal Against Order Relating to Compensation

The amount of fee payable under this Act on a memorandum of appeal against an order relating to compensation under any Act for the time being in force for the acquisition of land for public purposes shall be computed according to the difference between the amount awarded and the amount claimed by the appellant.

Procedure and Valuation

Section 8A - Statement of Particulars of Subject-Matter of Suits

In every suit in which an ad valorem court-fee is payable under this Act on the plaint, the plaintiff shall file with the plaint a statement of particulars of the subject-matter of the suit and his own valuation thereof unless such particulars and the valuation are contained in the plaint.

Section 8B - Procedure Where Insufficient Court-Fee is Filed

(1) In every suit in which a court-fee is payable under this Act on the plaint or memorandum of appeal the Court shall, on the date fixed for the appearance of the opposite party or as soon as may be thereafter, and in every case before proceeding to deliver judgment, record a finding whether a sufficient Court-fee has been paid.

Section 8C - Inquiry as to Valuation of Suits

If the Court is of opinion that the subject-matter of any suit has been wrongly valued it may revise the valuation and determine the correct valuation and may hold such inquiry as it thinks fit for such purpose.

Section 12 - Decision of Questions as to Valuation

Every question relating to valuation for the purpose of determining the amount of any fee chargeable under this chapter on a plaint or memorandum of appeal shall be decided by the Court in which such plaint or memorandum, as the case may be, is filed, and such decision shall be final as between the parties to the suit.

Chapter IV - Process-Fees

Section 20 - Rules as to Costs of Processes

The Supreme Court shall, as soon as may be, make rules as to the following matters: - The fees chargeable for serving and executing processes issued by such Court - The fees chargeable for serving and executing processes issued by Criminal Courts - The remuneration of peons and all other persons employed in the service or execution of processes

Chapter V - Of the Mode of Levying Fees

Section 25 - Collection of Fees by Stamps or Electronically

(1) All Fees referred to in section 3 or chargeable under this Act, shall be collected either by receipts or stamps or through electronically or digitally or, in case of scarcity of stamps or non-availability of electronic or digital means, in cash.

(2) The Government may, for the purpose of sub-section (1), appoint any Scheduled Bank, mobile operator, mobile phone based financial service (MFS), authority or agent, as it deems fit, to receive such fees.

Section 26 - Stamps to be Impressed or Adhesive

The stamps used to denote any fees chargeable under this Act shall be impressed or adhesive or partly impressed and partly adhesive, as the Government may, by notification in the official Gazette from time to time direct.

Section 28 - Stamping Documents Inadvertently Received

No document for which fee is payable under this Act shall be of any validity, unless and until it is properly stamped or supported by proper receipt. But, if any such document is through mistake or inadvertence received, filed or used in any court or office without being properly stamped or supported by proper receipt, the presiding judge or the Head of the office may order that such document be stamped or supported by receipt as he may direct.

Chapter VI - Miscellaneous

Section 35 - Power to Suspend, Reduce or Remit Fees

(1) The Government may from time to time subject to such conditions or restrictions as it may think fit to impose, by notification in the official Gazette, suspend the payment of or reduce or remit, in the whole of Bangladesh or in any part thereof, all or any of the fees mentioned in the first and 2nd schedules to this Act annexed.

Section 37 - Mode of Refund

Fees refundable under this Act or any other law may be refunded through electronically or digitally.

Historical Context

This Act was enacted to standardize and regulate court fees across the Indian subcontinent during the British colonial period. It established:

  • Uniform fee structure for various types of legal documents and proceedings
  • Procedures for collecting and processing court fees
  • Valuation methods for determining appropriate fees
  • Electronic payment systems (added through later amendments)

Key Features

  1. Comprehensive Coverage: Covers fees for all types of courts and legal proceedings
  2. Valuation Methods: Detailed procedures for determining the value of suits for fee calculation
  3. Electronic Payments: Modern provisions for digital fee collection
  4. Flexibility: Government power to suspend, reduce, or remit fees as needed
  5. Dispute Resolution: Clear procedures for resolving fee-related disputes

Current Application

This Act continues to govern court fees in Bangladesh's judicial system, with numerous amendments reflecting modern administrative practices including digital payment systems and updated fee structures.

The Act remains essential for: - Determining appropriate court fees for different types of cases - Regulating the collection and administration of court fees - Ensuring access to justice while maintaining court revenues - Providing clear guidelines for fee calculation and payment

Source: Bangladesh Laws - Ministry of Law, Justice and Parliamentary Affairs
Available at: http://bdlaws.minlaw.gov.bd/act-details-21.html