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The Maharashtra Court-fees Act

Maharashtra

An Act to consolidate and amend the law relating to fees taken in the courts and public offices and fees taken in respect of certain matters in the State of Bombay, other than fees falling under entries 77 and 96 of List 1 in the Seventh Schedule to the Constitution of India.

Act number
36 of 1959
Ministry
Govt of Maharashtra
Department
Law and Judiciary Department
Enacted
1 Aug 1959

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

53 sections

  1. Section 1Short title, extent, commencement and application.
  2. Section 2Definitions.
  3. Section 3Levy of fees in High Court on its original side. Levy of fees in Bombay Small Causes Court.
  4. Section 4Procedure in case of difference as to necessity or amount of fee.
  5. Section 5Fees on documents filed, etc., in Courts or in public offices.
  6. Section 6Computation of fees payable in certain suits-
  7. Section 7Fee on memorandum of appeal against order or award relating to compensation in certain cases.
  8. Section 8Inquiry as to valuation of suits.
  9. Section 9Investigation to ascertain proper valuation.
  10. Section 10Power of persons making inquiry under sections 8 and 9.
  11. Section 11Costs of inquiry as to valuation and refund of excess fee.
  12. Section 12Appointment of inspecting officers and recovery in cases reported by them.
  13. Section 13Taxing of court-fees and their recovery in suits for mesne profits or accounts.
  14. Section 14Decision of questions as to valuation.
  15. Section 15Refund of fee paid on memorandum of appeal.
  16. Section 16Refund of fee on application for review of judgement.
  17. Section 17Refund where Court reverses or modifies its former decision on ground of mistake.
  18. Section 17APeriod of limitation for refund of fees under section 15, 16 or 17.
  19. Section 18Multifarious suits.
  20. Section 19Written examinations of complainants.
  21. Section 20Exemption of certain documents.
  22. Section 21Relief where too high a court-fee has been paid.
  23. Section 22Relief when debts due from a deceased person have been paid out of his estate.
  24. Section 23Relief in case of several grants.
  25. Section 24Probates declared valid as to trust property, though not covered by court-fee.
  26. Section 25Provision for case where too low a court-fee has been paid on probates, etc.
  27. Section 26Administrator to give proper security before letters stamped under section 25.
  28. Section 27Executors, etc. not paying full court-fee on probates, etc. within six months after discovery of under payment.
  29. Section 28Notice of applications for probate or letters of administration to be given to Revenue Authorities, and procedure thereon.
  30. Section 29Payment of court-fee in respect of probate and letters of administration.
  31. Section 30Recovery of penalties, etc.
  32. Section 31Sections 5 and 40 not to apply to probates or letters of administration.
  33. Section 32Rules as to costs of processes. Confirmation and publication of rules.
  34. Section 33Tables of process fees.
  35. Section 34Number of peons in District and Subordinate Courts. Number of peons in Mofussil Small Cause Courts.
  36. Section 35Number of peons in Revenue Courts.
  37. Section 36Rate of fee in force on date of presentation of document to be applicable.
  38. Section 37Collection of fees by stamps or e-payment.
  39. Section 38Stamps to be impressed or adhesive.
  40. Section 39Rules for supply, number, renewal and keeping accounts of stamps.
  41. Section 40Stamping documents inadvertently received.
  42. Section 41Amended document.
  43. Section 42Cancellation of stamps.
  44. Section 43Repayment of fee in certain circumstances.
  45. Section 44Admission in criminal cases of documents for which proper fee has not been paid.
  46. Section 45Sale of stamps.
  47. Section 46Power to reduce or remit fees.
  48. Section 47Saving of fees to certain officers of High Court.
  49. Section 48Saving as to stamp duties.
  50. Section 49Repeal and saving.
  51. Section 50Amendment of Suits Valuation Acts.
  52. Section 51Reduction of Court-fee from amount of stamp duty payable on final order of partition.
  53. Section 52Rules made by Government to be laid before State Legislature.