Introduction
A court fee is the amount paid by the parties involved in a court action. Court fees are not required in all instances, particularly in civil ones. Civil cases are those that do not involve criminal activity. Court fees are necessary when a party files a claim.
Criminal trials prioritise punishment over court fees. Government authorities handle the majority of criminal cases as it is their job to do so. The government can file civil or criminal proceedings without paying a court fee. Property-related cases typically require court expenses. Without paying the court.
The claimant is responsible for paying court fees, although the losing party must shoulder the cost. The winning party can demand the court fee from the losing party, which is commonly referred to as being paid by the loser.
If a person pays a court fee and loses the case, the fee will be seized. Court fees are often paid when a lawsuit is registered, but may also be paid after the final judgement or implementation phase. The fee must be paid in cash and no other kind of security is allowed. The National Civil Procedure Code 2017 outlines provisions pertaining to court fees.
If a person is unable to pay the court fee immediately, the court, upon recommendation from the village or municipal authorities, may decide that the court charge be collected after the conclusion of the case’s final judgement, as specified in the Court Fee Act and district court regulations.
Definitions and classifications:
According to Section 63 of the National Civil Procedure Code, 2017, court costs are charged and collected by courts in conjunction with a plaint, complaint, appeal, or petition for review or revision, as stipulated in the Act. This means that court fees are charged at all levels. This Act specifies that no court fees will be levied in situations involving the government or in criminal trials.
Legal provisions and classifications of court fees
Court fees vary depending on the case type, the party’s involvement, and other considerations. The District Court Regulations establish the format for reply letters, whilst the High and Supreme Court Regulations specify the format for written reply letters. Minor changes may be required for these formats.
Guidelines for Parties
Do not indicate or infer any interests or comments that the parties have not stated.- Do not give imaginary facts.
- Avoid advising on frivolous litigation.
- Do not elicit vindictive sentiments.
- Present facts simply and avoid confusion.
- Do not leave out important rebuttals on behalf of the party.
- Court Fee Information Based on Case Trends.
- According to Section 70 of the National Civil Code Procedure, 2017, the fee for asking partition share establishment without recovery or right establishment is Rs. 500.
- Rs.500 for different demands, such as voiding bonds or deeds.
- The execution of unregistered deeds.
- Receipts are issued upon payment.
- Voiding finished bonds or receipts.
- Eviction requests.
- Execution of the required duplicate documents.
- Recalculation of sums.
- Conflicts over river rights.
- Irrigation order enforcement.
- Opening and closing of property elements such as doors and windows.
- Registrations that do not include land rights claims are executed or void.
Issuance of Injunctions
Court fees for property inventory division cases are calculated according to the amount involved, with adjustments for past expenses paid.
Based on party roles
- The Plaintiff Appellant pays the registration fee for the case.
- Pays an additional 15% if you appeal a lost case.
- The defendant, appellant, solely pays for the first-tier statement of defence.
- Covers court fees if you lose your case and decide to appeal.
Based on Court Levels
First Tier
- Plaintiff pays court fees upon filing the complaint.
In Appellate Court, either the plaintiff or defendant is responsible for paying court fees while appealing a lost case. - Additional charges for incomplete cases or subsequent appeals.
- Based on Payment Timing.
- Case registration fees are typically paid at the time of filing.
- Fees may apply during property partition suits.
- Fees for Judgement Execution might be deferred until the final judgement for individuals unable to pay beforehand.
Calculation of Court Fee
Court fees are set based on the National Civil Procedure Code 2017 section 69. For cases up to Rs. 25,000, the charge is Rs. 500.
Next Rs. 25,000: 5% (1250)
Next, Rs. 75,000: 3% (Rs. 2,250).
Next, Rs. 500,000: 2% of 400000 (Rs. 8,000).
Above Rs. 250,000: 1.5% (Rs. 500 per Rs. 50,000).
Example
Miscellaneous points
If the matter is settled by agreement, half of the court money is repaid.
To recover court fees from the losing party, an application must be made within two years. Legal action may be taken if case values are intentionally underreported to lower fees.
Important Considerations
- Fees vary depending on case type.
- Make court fee arrangements before registering a case.
- Court fees must be paid with cash.
- Any unpaid court fees must be reclaimed.
- Winning parties may collect court fees from the losing party.
- Cases can be filed later if court fees are not paid beforehand.
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